Last Updated on January 6, 2025 by Michelle Ball
By Michelle Ball, Sacramento California Expulsion, Special Education, sports/CIF, College, Education and School Attorney/Lawyer for Students since 1995
When a public school student is accused or accuses another student of sexual harassment, Title IX (Title 9) kicks in. Title IX is a federal civil rights law that public schools must follow if a sexual harassment situation is discovered or allegation made. One bright spot in Title IX, involves the required “supportive measures” which are mandated for BOTH the accuser and the accused.
What are Supportive Measures for Students Under Title IX?
Supportive measures are essentially items which can help both the accused student and the alleged victim of sex discrimination or harassment.
Examples of supportive measures as described in Title IX [see 34 Code of Federal Regulations (CFR) section 106.44(g)], may include:
- Counseling
- Extensions of Deadlines
- Other course related adjustments
- Campus chaperone services
- Increased security and monitoring of certain campus areas
- Restrictions on contact placed on students or parties
- Leaves of absence
- Changes in student’s class, work, housing, or extracurricular or other activities (regardless of whether there is or is not a comparable alternative)
- Training and education programs related to sex-based harassment.
Other supportive measures, as appropriate, may also be requested.
When Do Supportive Measures Apply?
When the school or college is aware that conduct that could constitute sex discrimination or harassment is occurring in its educational program or activity, it must reply promptly and effectively to remedy the situation [see 34 CFR section 106.44(a)]. Supportive measures apply throughout the Title IX process.
The Title IX Officer must take steps to correct the sex discrimination which involves offering supportive measures to students on both sides: accused and accuser.
Limitations on Student Supportive Measures
Supportive measures cannot unduly burden either of the students in the Title IX matter. They also may be limited based on what is reasonably available.
The purpose of the supports is to help the students involved and to protect the educational environment: the elementary, middle, or high school or college.
Michelle Ball is a student attorney in Sacramento, California. She helps parents and students as an education lawyer when problems arise. Michelle stretches throughout all of California, to Merced, Burbank, Lincoln, Palm Springs, San Diego, Fairfield, Rocklin, and any location where students may need her in-state.
