The Impact of the Proposed Title IX Regulations: Presenting New Harms Over Solutions

• In Event: Marriott Roundtable Session 30
  In Roundtable Session: Title IX and Sexual Violence on College Campuses

Abstract

In 2018, the U.S. Department of Education proposed new regulations governing the execution of Title IX of the Education Amendments of 1972. The regulations present significant changes to administrative practice in higher education. The Department asserted new regulations were needed because Obama Administration guidance regarding sex discrimination did not align with court rulings. The qualitative study analyzed the new regulations and coded 46 court cases to explore this assertion. Findings suggest that the new rules establish an environment similar to a criminal proceeding within an educational environment. Regarding levels of due process, the regulations present potentially one significant alignment with case law. However, the data suggest many negative harms, such as revictimization and other psychological impacts, associated with the rules.

Authors

• Jeffrey C. Sun, University of Louisville

• Karen L. Miksch, University of Minnesota - Twin Cities