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Survivor Rights Center · 2026-10-20 · 7 min read

Reviewed by Survivor Rights Center · Updated 2026-10-21

Key takeaways

  • Title IX, 20 U.S.C. 1681, prohibits discrimination on the basis of sex in education programs that receive federal funds.
  • The Clery Act, 20 U.S.C. 1092(f), requires participating colleges to publish an annual security report and to make timely reports to the campus community about crimes that are a threat to students and employees.
  • The Department of Education's Office for Civil Rights generally requires complaints within 180 calendar days, or 60 days after a school's own grievance process ends.
  • You do not have to file with OCR before bringing a Title IX claim in federal court.
BRIEFING

Two laws, two different jobs

Title IX is a civil-rights law. It says no person in the United States shall, on the basis of sex, be excluded from participation in, denied the benefits of, or subjected to discrimination under any education program or activity receiving federal financial assistance. Sexual assault and harassment can be forms of sex discrimination that a school must respond to.

The Clery Act is a transparency law. Under 20 U.S.C. 1092(f), each participating institution must distribute an annual security report with its campus security policies and crime statistics, and must make timely reports to the campus community on crimes that are considered a threat to students and employees and that are reported to campus security or local police.

Which Title IX rules apply now

Federal Title IX regulations have changed more than once in recent years, and the rules that apply can depend on when the conduct happened. Our explainer on the Title IX rules after 2025 covers which regulations are in effect. Your school's Title IX coordinator must be able to explain its current grievance process.

Filing with the Office for Civil Rights

The Department of Education's Office for Civil Rights says a complaint generally must be filed within 180 calendar days after the discrimination, with limited waivers. If you are using your school's own grievance process, OCR says you have 60 days after that process ends to file. OCR acts as a neutral fact-finder, not as your advocate, and it does not represent people in court.

OCR also states that its Title IX regulations do not require you to file with OCR before filing a claim in federal court. If you go to court, OCR will not continue to pursue your complaint.

Records to keep

  • Messages, photos and social media posts related to the assault or to harassment afterward
  • Any report you made to campus security, police, a Title IX office or a residence-life staff member, with dates
  • Emails and letters from the school about interim measures, investigations or outcomes
  • Medical, counseling or campus health center records
  • Academic records that show the impact, such as dropped classes or grade changes

Where to get help

RAINN's National Sexual Assault Hotline is free, confidential and available 24/7 at 800-656-4673. Many campuses also have confidential advocates whose conversations are not reported to the Title IX office. Ask which campus resources are confidential before you share details.

Frequently asked questions

No. You can use confidential resources, such as RAINN or a campus confidential advocate, without starting a formal process.

No. OCR's 180-day rule applies to OCR complaints. Court deadlines are separate and depend on the type of claim and the state.

The Clery Act is mainly enforced by the Department of Education through disclosure requirements. Lawsuits against schools usually rely on Title IX or state law. A licensed attorney can explain the options.

Sources

  1. 20 U.S. Code § 1681 - Sex (Title IX) — Legal Information Institute, Cornell Law School
  2. 20 U.S. Code § 1092 - Institutional and financial assistance information for students (campus security disclosures) — Legal Information Institute, Cornell Law School
  3. Questions and Answers on OCR's Complaint Process — Office for Civil Rights, U.S. Department of Education
  4. National Sexual Assault Hotline — RAINN

This article is general educational information, not legal advice. Confirm specifics with a licensed attorney in your state; many offer a free first consultation. If you need support now, the RAINN hotline is 800-656-4673, 24/7.

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