A Glimpse into the Law with Christina Graziano

I Have The Right To interviewed Christina Graziano who is Partner at Ketterer Browne & Associates (KBA).  Christina’s practice focuses on complex civil litigation in state and federal courts, including cases of sexual assault.

She was selected to the National Trial Lawyers’ “Top 40 Under 40” list in 2018 and was awarded a Franchise Times “Legal Eagle” award for litigation in 2020. She is a member of the American Association for Justice, the National Trial Lawyers Association, and the Massachusetts Academy of Trial Attorneys.

(Note to readers: this blog shares one attorney’s experience and point of view, and does not constitute legal advice.)

What do you want students to know about sexual assault?

Students, you need to know that you have rights.  No matter what the situation is and what role you had in the situation, you have rights. If you consented in the past, originally said yes and changed your mind, had a prior level of comfort, or were under the influence, you still have rights.  You don’t need to be a perfect victim.  If you were assaulted or harassed in any manner you did not consent to, you have rights.  

What actions can a student take after a sexual assault?     

If you are a student at a public school, reach out to the Title IX Coordinator.  Every school should make public who that individual is.  You have 180 days from the date of the incident to file with the Title IX office. When you contact the Title IX Coordinator, they will inform you of the formal steps that will be taken to conduct an investigation.  If you are a student at a private school, there are cases unfolding in the courts with some determining that the tax exemption status of a private school constitutes federal funding and therefore Title IX-like conditions will apply.  

Even before disclosing the incident, take notes of your own memory, screenshot text messages, save emails, basically preserve any evidence that you have.  If it was a penetrative assault, please get medical attention. Consider consulting a lawyer and learning about options.   

Above all, think about confiding in a trusted parent, guardian, or loved one who can support you and help you navigate the options.  You should not be alone in this situation.

What should survivors, parents and loved ones know about a school’s responsibility?

Students and their families should know that schools have a duty to take action to support the survivor.  Schools should provide counseling and academic support to the survivor, establish no contact orders, and change housing arrangements in a boarding school setting.  The survivor’s routine should not change in any negative way because of the incident.  The school and its leaders have a responsibility to you in terms of anti-retaliation.  If a school tries to keep the incident quiet and internal within the school leadership, that is protected conduct that the school cannot engage in.  

How can a survivor and their family navigate the steps following an assault?

You should follow up every conversation with an email to document the exchange.  You can bring someone to a meeting – a parent, friend, or lawyer.  You can ask for school data on how many assaults have been reported, how many claims were denied, the length of investigations, and disciplinary actions or sanctions to understand if there is a widespread problem at the school. 

What should educators know?  

I want to validate an educator’s concern about a rush to judgment on an alleged perpetrator.  It is a valid desire to want to protect the rights of the alleged perpetrator without imperiling the survivor.  Educators need to offer reasonable accommodations to the survivor even before an outcome is reached.  It costs very little or nothing to protect a survivor.  Really it is about being protective and not reactionary – educators should not just protect survivors, they should protect all students so that fewer assaults happen.

What trends are you seeing as we emerge from COVID-19?

Students have been behind screens for two years.  There is so much socialization happening through screens that constitutes bullying and harassment.  We need to empower and educate students on cyberbullying, their obligations, and the potential consequences of seeing or sharing certain information online.  Parents and educators need to be aware of what constitutes bullying and harassment as well as the signs of a student perpetrating that behavior or the signs of a student being bullied or harassed.      

What should educators be teaching students?  

Not enough is being done to address the emotional maturity that is lagging physical maturity.  Students need consent education to develop consent fluency.  We need to teach young people what consent is through real-life scenarios and role play where students learn that they can consent to behavior X but not behavior Y. 

Schools also need to teach bystander intervention responsibilities and upstander behavior.  Bystanders can make their own Title IX report if they see that an individual is in danger, or if a victim was incapacitated and does not have a clear memory of the details.  Students need to understand their rights and responsibilities as it relates to upholding the dignity of others.