The recent civil lawsuit filed by a former Cornell student alleging sexual assault demonstrates that survivors of campus sexual assault have three paths to justice. Our explainer breaks down how each one works, what each can and can't do, and where victims of sexual abuse or harassment on campus can get help.
Two years ago, a 20-year-old Cornell University student went to campus police to report sexual assault. Cornell ran its own disciplinary process and says it expelled some students and suspended others. The district attorney decided not to file charges. Then, on Sept. 16, the student filed a civil lawsuit alleging she was drugged and sexually assaulted by seven fraternity members in October 2024. Within two weeks, the prosecutor reopened the case and said he'll take it to a grand jury to decide if there is enough proof to file criminal charges.
No one yet has been criminally charged, and the allegations have not been proven in court. But the case is a real-time lesson in something important: there isn't one "justice system" for sexual assault victims on campus. There are three: the school, the criminal courts, and the civil courts. They also involve different rules, different timelines, and different definitions of “winning.”
Sexual assault on campus is not rare. The Association of American Universities conducted the largest survey of its kind, covering 181,752 students at 33 universities, including Cornell. Its 2020 report found that since enrolling:
By senior year, it's roughly 1 in 3 women and 1 in 12 men. Cornell's own 2025 survey put it at 35% of undergraduate women and 8% of men who report experiencing sexual assault.
Yet only about 10,400 forcible sex offenses were officially reported on U.S. campuses in 2021 — even though that's 44% of all reported campus crime. Cornell’s survey found that only 24% of women and 10% of men who experienced a sexual assault contacted at least one program or resource about their sexual assault.
Why don’t students report? The main reasons for not doing so include feeling that it would not help them feel better, thinking nothing would be done, and thinking that the incident wasn’t serious enough to report. However, the vast majority (80%) of students who experienced sexual assault told a friend.
Knowing the options for taking action is the first step toward using them.
Title IX is the federal law that requires any college receiving federal money to respond to sexual harassment and assault. A school's Title IX coordinator is the starting point, and the school must offer supportive measures like housing changes, class schedule adjustments, counseling, and no-contact orders whether or not a formal complaint is filed. Retaliating against students for reporting is prohibited.
Filing a report triggers a formal process. As of this week, the Education Department has officially reinstated its 2020 Title IX rules, which it has enforced since early 2025. Under them, colleges hold a live hearing where each side's advisor can cross-examine the other party and witnesses, and the accused student is presumed not responsible until a decision is made.
Advocates warn the rules weaken protections for the victim, while supporters say they guarantee due process for the accused.
The upside: It’s usually faster than court, and the school can act on your safety right away.
The limit: The worst outcome is expulsion, not jail or money. At Cornell, the school's panel imposed expulsions and suspensions, but that did not settle the question of whether a crime occurred.
A criminal case is brought by the government, not by the student. A student reports to the police, but a prosecutor decides whether to charge, and must prove guilt "beyond a reasonable doubt," the highest standard in the legal system. If there's a conviction, the penalties are serious: prison, probation, fines, and sometimes restitution to the victim.
The upside: It costs the victim nothing, and it's the only track that can put someone behind bars. The limits: The victim does not control it, it can take a long time, and convictions are rare — RAINN estimates that out of every 1,000 sexual assaults, 25 perpetrators are incarcerated. Deadlines matter, too: statutes of limitation vary by state and by offense.
Cornell shows how discretionary this track is. The DA originally declined to prosecute, noting that the woman's initial sworn statement didn't include the gang-rape or drugging claims. He reopened the investigation after the lawsuit was filed.
In a civil case, the victim is the one suing and only has to show it's more likely than not that the defendant is responsible, a much lower bar than in criminal court. Instead of prison, a win can bring money damages for medical bills, lost wages, and emotional distress, sometimes punitive damages, or court orders requiring someone to change their behavior.
The upside: The victim controls the case and can name institutions, not just individuals. The Cornell plaintiff is suing the seven men, the fraternity, the university, and an Ithaca, N.Y., bar, and she's using a pseudonym.
The limits: The victim usually needs their own lawyer (attorneys may take these cases on contingency, meaning they're paid only if they win), cases can take years, and the victim’s private life may be scrutinized.
The key thing to know is these tracks are independent. You can sue even if police don't charge anyone or a criminal case ends in acquittal. And as the Cornell case shows, one track can revive another.
Students don't have to pick a track right away and can use more than one. A few things to know:
RAINN National Sexual Assault Hotline (Rape, Abuse and Incest National Network): Free, confidential, 24/7 in English and Spanish. Call 800-656-HOPE (4673), text HOPE to 64673, or chat online. RAINN's state law database provides statutes of limitations.
U.S. Department of Education, Office for Civil Rights: Where to file a complaint if your school mishandles a report.
National Sexual Violence Resource Center: Research and a national directory of local organizations.
1in6: Support for men who have experienced sexual abuse or assault.
FORGE: Resources for transgender and nonbinary survivors.
The Trevor Project: 24/7 crisis support for LGBTQ+ young people at 1-866-488-7386.
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