Since the 1990s,with the increasing concerns about sexual harassment in the workplace,the U.S.courts have confirmed through decisions that the Title Ⅸ of Education Amendments of 1972(Title Ⅸ)can be applied to regulate sexual harassment on campuses,and the prevention of it on campuses have gradually been brought into the legal domain.Thanks to the efforts of U.S.courts and administrative agencies,especially the Department of Education,Title Ⅸ has played a critical role in preventing campus sexual harassment.As a result,campus sexual harassment has become a key area in the application of Title Ⅸ.This paper first discusses two critical issues,namely whether campus sexual harassment is the type of sex discrimination prohibited by TitleⅨ and whether individuals are entitled to bring campus sexual harassment lawsuits and receive damages under Title Ⅸ.In U.S.judicial practice,individuals have the right to bring lawsuits on sexual harassment and claim for damages under Title Ⅸ.Currently,most colleges and universities in the U.S.have formulated their policies based on this clause.Harvard University,for example,has relevant policies and specialized agency to provide as many services as possible for regulating sexual harassment on campus,and has further standardized the procedures for handling sexual harassment on campus.In regulating campus sexual harassment in the United States,the choice of the applicable standard of proof has been a subject of debate.The Office for Civil Rights eventually determined that colleges and universities have autonomy in the choice of standard,i.e.,they can apply the preponderance of evidence standard or the clear and convincing standard to substantiate the facts of harassment.However,the current practice in the U.S.of allowing colleges the freedom to choose either of the two evidence standards may lead to conflicts between different colleges in determining sexual harassment.The same evidence that may be found to be sexual harassment at one college may not be recognized as the same at another,which is not conducive to preventing sexual harassment on campus.The choice of standard is essentially a question of the strength of the fight against sexual harassment.When sexual harassment is relatively rampant,a lower standard of proof is clearly conducive to a stronger strike against sexual harassment and the protection of students'safety.When sexual harassment cases occur in a relatively moderate period,to figure out a proper balance between preventing sexual harassment and safeguarding the rights of the accused students,a higher standard of proof can be adopted to avoid false accusations.The U.S.mechanism for preventing sexual harassment on campus imposes a greater responsibility on the college authorities,making it necessary for them to assume corresponding responsibilities under specific circumstances,and the colleges'procedures for handling sexual harassment complaints are subject to judicial review,which puts forward higher requirements for the colleges'capability to prevent sexual harassment.Colleges not only need to establish appropriate institutions and mechanisms but also need to perform their duties carefully in the specific sexual harassment process,as well as should increase the chance of the judicial review of the sexual harassment complaint handling procedures on campus to adequately protect and take into account the rights of victims of sexual harassment and accused students.
Title Ⅸ of Education Amendmentsexual harassmentHarvard Universitysex discriminationstanding
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