Jeff Lowe

The Intent and Implementation of Title IX Sexual Violence Policy

Dr. Ladelle McWhorter

Part 1: Aims

Every school receiving federal funds is subject to Title IX. Within Title IX are policies

for institutions regarding sexual harassment and violence. The objective of my research is to

determine the intent of Title IX as a whole, how the section pertaining to sexual violence fulfills

this intent, and finally be able to identify if the implementation of Title IX sexual misconduct

policy serves the intent of Title IX. To answer the final question I intend to look at how 5th and

14th amendment rights of students factor into the fairness and justice of implementation. Along

with this, I want to assess how these policies affect universities as institutions.

Part 2: Background and Significance (300-600 words)

Looking at the past couple of years of history at the University of Richmond there have

been multiple cases where sexual assault and violence has riddled the campus. It is possible that

Title IX and it’s implementation could be part of the problem at this institution, as well as,

numerous others across the nation.

In 2011, the Office for Civil Rights sent a letter referred to as the “Dear Colleague letter”

to all schools and universities receiving federal funding in the United States. Three years later, a

Q&A would be sent to help answer questions that were raised as a result of the DCL. These

letters were not new policies but instead gave extensive guidance about how universities should

carry out their grievance procedures for cases that fall under Title IX such as sexual harassment
and sexual violence (“Dear Colleague”). Three prominent changes that arose from the DCL

pertain to the procedure of carrying out a Title IX investigation. The first is the strict

enforcement of using a preponderance of evidence standard to determine that it was more likely

than not that the violation was committed (Hendrix 603-604). Second is giving the opportunity to

appeal to both sides (Hendrix 604). Lastly, is the strong discouragement of the two parties to be

able to engage in cross examination (Hendrix 604).

These changes have given rise to arguments from many law and policy institutes, as well

as the Trump administration’s Department of Education, that the 5th and 14th amendment rights

of students are being violated under these policies. I would like to examine this argument by

looking at the intent and implementation of Title IX sexual violence policy. Some of the

questions I would like to be able to answer at the end of my research are: Are the policies

enacted by Title IX an infringement on the rights of students? Is there an unfair bias to the

complainant or respondent in the implementation of the policy? Is Title IX either unjust or

unjustly implemented? Is the risk of losing federal funding a form of cohesion for the university?

If so, does the university either favor the complainant or the respondent? Is Betsy Devos being

reasonable in her arguments to roll back these policy changes?

By completing this research, I intend complete an analysis on the current arguments on

Title IX policy and its implementation to find issues and offer points for additional guidance for

Title IX’s sexual harassment and violence policy.

Part 3: Plan for Research (200-500 words)

 To complete my research I would conduct an analysis of the original “Dear Colleague

Letter” to examine the language used and be able to reference the document during the rest of

my research. Following this, I want examine the current literature on this subject. This would

include a close reading of the arguments in law reviews and journals, as well, as other research

and studies about sexual violence on American college campuses. After this, I would research

how the current implementation of Title IX policy has affected specific complainants,

respondents, and universities. Using all of this information, I would compile a list of questions to

use in an interview with at least one current Title IX Officer. I expect my results to be qualitative

in the form of accounts and analyses of literature on this subject. After my research has been

completed, I would like to give a Symposium talk to outline the problems the current Title IX

sexual harassment and violence policy presents and present possible solutions.

Part 4: Literature Referenced

Caldwell, Sheridan. 2017. "OCR'S BIND: ADMINISTRATIVE RULEMAKING AND

CAMPUS SEXUAL ASSAULT PROTECTIONS." Northwestern University Law Review

112, no. 3: 453-486. Academic Search Complete, EBSCOhost (accessed February 21,

2018).

"Dear Colleague Letter." U. S. Department of Education,

www2.ed.gov/print/about/offices/list/ocr/letters/colleague-201104.html. Accessed 13

Mar. 2018.
Ellman-Golan, Emma. 2017. "SAVING TITLE IX: DESIGNING MORE EQUITABLE AND

EFFICIENT INVESTIGATION PROCEDURES." Michigan Law Review 116, no. 1:

155-186. Academic Search Complete, EBSCOhost(accessed February 21, 2018).

Hendrix, Barclay Sutton. 2012. "A FEATHER ON ONE SIDE, A BRICK ON THE

OTHER: TILTING THE SCALE AGAINST MALES ACCUSED OF SEXUAL

ASSAULT IN CAMPUS DISCIPLINARY PROCEEDINGS." Georgia Law Review 47,

no. 2: 591-621. Academic Search Complete, EBSCOhost (accessed February 21, 2018).