Survivors of sexual abuse at Illinois colleges and universities often face a confusing choice. Should they file a Title IX complaint, bring a lawsuit, or both? The first thing to understand is that these are not the same thing. Title IX and a civil claim are separate, and one does not replace the other.
You do not need to have reported the abuse to police, and nobody needs to have been charged. A civil claim asks what the college or university knew, what it should have known, and what it did. Attorney Ervin Nevitt, a partner at Coplan + Crane (Illinois bar registration 6319808, admitted 2014), reviews these cases.
What Title IX does
Title IX governs how a federally funded school responds to a report. It sets the framework the school must follow once it learns of sexual misconduct.
Title IX can also support a lawsuit for damages. That kind of claim generally requires showing the school knew and responded with deliberate indifference.
What a state-law civil claim does
A state-law civil claim seeks compensation for the harm itself. It is not limited to how the school handled a report. It looks at the harm you suffered and whether the institution is responsible for it.
One, the other, or both
You can have a Title IX claim, a state-law claim, or both. Which paths are open depends on your facts and on the type of school.
Where the institution is a state university, a state-law claim runs against its board in the Illinois Court of Claims. Where it is a community college, the Illinois Tort Immunity Act applies. Where it is private, neither applies, and the liability questions are the ordinary institutional ones.
Who the claim names
These claims are usually brought against the college or university, not only against the individual. Institutional response failure is the theory that most often carries them, though several usually run together, and which fits is a question about your facts.
Common Questions Around Title IX and Civil Claims
Will my name be public? Steps can be taken to protect your identity in the court record. We explain them before anything is filed.
The person who did it has died. A claim can still proceed. It is usually brought against the institution that placed that person in a position of trust.
I am asking for someone else. That is fine and happens often. The person involved has no obligation to do anything.
What happens if you reach out
A question sets nothing in motion. You speak with a person, not a form, and you do not need to describe what happened. We look into which institution was responsible, what it knew, what records exist, and whether a claim can still be brought, at no cost to you.
We tell you plainly what is possible. If you decide not to go ahead, that is the end of it, and what you told us stays confidential. If you go ahead, we handle the filings, deadlines, records, and insurers. Steps can be taken to protect your identity in the court record.
Call (708) 671-6858 for a free, confidential case review.
