Sexual harassment deprives students of equal educational opportunities, and sexual crimes on campus have been and continue to be a serious threat to student safety. Congress established Title IX and the Family Education Rights and Privacy Act (FERPA), in part, to guarantee and safeguard both student records and student safety. However, Title IX and FERPA are difficult doctrines to harmonize, and implementing them present serious challenges for University administrations. This Note explores the University’s responsibility to protect students from sexual crimes and their responsibility to prosecute the perpetrators, while simultaneously protecting student records and student confidentiality. This Note also explores the tension between the University and law enforcement, the role of the University in prosecuting sexual crimes, the unintended financial costs of preserving an inefficient enforcement system, and observations from university systems abroad. Further, this Note posits solutions to harmonize our protective doctrines to ensure that student records are protected, sexual crimes are adequately and efficiently prosecuted, and due process rights for both victim and alleged perpetrator are adequately safeguarded.
Jeremy S. Ribando,
Keep Your Hands to Yourself! How Law Enforcement Intrusion into Education Records Makes Campus Title IX Courts Necessary: Why Our System Might Be Better Than Most,
11 Global Bus. L. Rev.
available at https://engagedscholarship.csuohio.edu/gblr/vol11/iss1/5