Filed Under: Sexual Harassment
Question:
If a formal complaint alleges attempted sexual assault, would that be covered under the definition of sexual harassment in 34 C.F.R. § 106.30(a), or would a recipient need to dismiss that complaint for Title IX purposes?
Answer:
The Preamble to the Title IX regulations at 30174 and FN 777-779 addresses attempted sexual assault (such as rape): “With respect to an attempted rape, we define ‘sexual assault’ in § 106.30 by reference to the Clery Act, which in turn defines sexual assault by reference to the [Federal Bureau of Investigation’s Uniform Crime Reporting system], and the FBI has stated that the offense of rape includes attempts to commit rape.”