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Articles 1 - 13 of 13
Full-Text Articles in Education
Resident Assistants And Title Ix: Perceptions, Beliefs, And Experiences Impacting Ra Help-Seeking Behavior, Beth Paris
Resident Assistants And Title Ix: Perceptions, Beliefs, And Experiences Impacting Ra Help-Seeking Behavior, Beth Paris
Theses and Dissertations
Resident Assistants (RAs) are student employees on campus with significant responsibility for the safety and success of their peers. While studies are beginning to evaluate the effects of this complex peer leader role on the wellbeing of student staff, there is little discussion about their role in Title IX compliance or how they feel about the resources they are trained to provide to their peers following an incident of prohibited sexual harassment or assault. Tangential references to the impact of sexual violence response on student staff wellness, and evaluations of student perceptions of Title IX policy are frequent in the …
Reproducing Inequality Under Title Ix, Deborah L. Brake, Joanna L. Grossman
Reproducing Inequality Under Title Ix, Deborah L. Brake, Joanna L. Grossman
Articles
This article elaborates on and critiques the law’s separation of pregnancy, with rights grounded in sex equality under Title IX, from reproductive control, which the law treats as a matter of privacy, a species of liberty under the due process clause. While pregnancy is the subject of Title IX protection, reproductive control is parceled off into a separate legal framework grounded in privacy, rather than recognized as a matter that directly implicates educational equality. The law’s division between educational equality and liberty in two non-intersecting sets of legal rights has done no favors to the reproductive rights movement either. By …
Understanding Noncompliance: A Qualitative Content Analysis Of Title Ix Sexual Misconduct Violations Using The Office For Civil Rights Investigative Findings, Lenore N. Schaffer Nee Malone
Understanding Noncompliance: A Qualitative Content Analysis Of Title Ix Sexual Misconduct Violations Using The Office For Civil Rights Investigative Findings, Lenore N. Schaffer Nee Malone
Dissertations
On April 4, 2011 the U.S. Department of Education’s Office for Civil Rights (OCR) released a Dear Colleague Letter (DCL) reminding higher education institutions (HEIs) of their obligations under Title IX to respond to complaints of sexual misconduct. The 2011 DCL was meant to be a guidance document to assist HEIs in complying with Title IX, but many higher education administrators expressed frustrations concerning some of OCR’s requirements. Since releasing the 2011 DCL, OCR has opened more than 200 Title IX investigations at HEIs across the nation. When OCR concludes that a HEI has failed to comply with Title IX, …
The Trouble With 'Bureaucracy', Deborah L. Brake
The Trouble With 'Bureaucracy', Deborah L. Brake
Articles
Despite heightened public concern about the prevalence of sexual assault in higher education and the stepped-up efforts of the federal government to address it, new stories from survivors of sexual coercion and rape, followed by institutional betrayal, continue to emerge with alarming frequency. More recently, stories of men found responsible and harshly punished for such conduct in sketchy campus procedures have trickled into the public dialogue, forming a counter-narrative in the increasingly polarized debate over what to do about sexual assault on college campuses. Into this frayed dialogue, Jeannie Suk and Jacob Gersen have contributed a provocative new article criticizing …
Lessons From The Gender Equality Movement: Using Title Ix To Foster Inclusive Masculinities In Men's Sport, Deborah L. Brake
Lessons From The Gender Equality Movement: Using Title Ix To Foster Inclusive Masculinities In Men's Sport, Deborah L. Brake
Articles
This article was written for a symposium issue in Law & Inequality: A Journal of Theory and Practice on the topic of LGBT inclusion in sports. The symposium, which was held at the University of Minnesota Law School in November of 2015, was precipitated by the controversy that erupted when NFL player Chris Kluwe sued and settled with the Minnesota Vikings for allegedly firing him over his outspoken support for marriage equality. The article situates the Chris Kluwe controversy in the broader context of masculinity in men’s sports. At a time when support for LGBT rights has resulted in striking …
Discrimination Inward And Upward: Lessons On Law And Social Inequality From The Troubling Case Of Women Coaches, Deborah L. Brake
Discrimination Inward And Upward: Lessons On Law And Social Inequality From The Troubling Case Of Women Coaches, Deborah L. Brake
Articles
In the Title IX success story, women’s opportunities in coaching jobs have not kept pace with the striking gains made by female athletes. Women’s share of jobs coaching female athletes has declined substantially in the years since the law was enacted, moving from more than 90% to below 43% today. As a case study, the situation of women coaches contains important lessons about the ability of discrimination law to promote social equality. This article highlights one feature of bias against women coaches — gender bias by female athletes — as a counter-paradigm that presents a challenge to the dominant frame …
The Invisible Pregnant Athlete And The Promise Of Title Ix, Deborah Brake
The Invisible Pregnant Athlete And The Promise Of Title Ix, Deborah Brake
Articles
The question of how law should respond to women who become pregnant, and whether to specially accommodate pregnancy or analogize it to other conditions, features prominently in virtually every area of sex equality law. In debates over women's equality in the workplace, for example, it has been the defining issue for the development of and debate over various models of equality in feminist legal theory. Until recently, however, the issue has been all but absent in debates and discussion about Title IX and its promise of sex equality in sports. This changed suddenly in 2007, when ESPN televised a program …
Perceiving Subtle Sexism: Mapping The Social-Psychological Forces And Legal Narratives That Obscure Gender Bias, Deborah L. Brake
Perceiving Subtle Sexism: Mapping The Social-Psychological Forces And Legal Narratives That Obscure Gender Bias, Deborah L. Brake
Articles
This essay seeks to explain the Davis v. Monroe County Board of Education case as an interpretation of discrimination that notably and correctly focuses on how institutions cause sex-based harm, rather than on whether officials within chosen institutions act with a discriminatory intent. In the process, I discuss what appears to be the implicit theory of discrimination underlying the Davis decision: that schools cause the discrimination by exacerbating the harm that results from sexual harassment by students. I then explore the significance of the deliberate indifference requirement in this context, concluding that the standard, for all its flaws, is distinct …
Title Ix And Booster Club Management: Experts’ Suggestions For Managing Challenging Scenarios, Peter S. Finley
Title Ix And Booster Club Management: Experts’ Suggestions For Managing Challenging Scenarios, Peter S. Finley
Essays in Education
Title IX law prohibits discrimination at academic institutions that receive federal funding. Athletic programs fall under the purview of the law. As booster clubs, and the money they raise, become more important to successful sport programs, athletic directors must work diligently to ensure that their contributions do not cause inequity between the boys’ and girls’ programs. A number of challenges are presented by boosters who earmark giving to a single sport, booster clubs that represent only one sport and outperform those representing other sports, and in the process of transferring money from booster activities to the sports programs. This essay …
School Liability For Peer Sexual Harassment After Davis: Shifting From Intent To Causation In Discrimination Law, Deborah L. Brake
School Liability For Peer Sexual Harassment After Davis: Shifting From Intent To Causation In Discrimination Law, Deborah L. Brake
Articles
This essay seeks to explain the Davis v. Monroe County Board of Education case as an interpretation of discrimination that notably and correctly focuses on how institutions cause sex-based harm, rather than on whether officials within chose institutions act with a discriminatory intent. In the process, I discuss what appears to be the implicit theory of discrimination underlying the Davis decision: that schools cause the discrimination by exacerbating the harm that results from sexual harassment by students. I then explore the significance of the deliberate indifference requirement in this context, concluding that the standard, for all its flaws, is distinct …
The Cruelest Of The Gender Police: Student-To-Student Sexual Harassment And Anti-Gay Peer Harassment Under Title Ix, Deborah L. Brake
The Cruelest Of The Gender Police: Student-To-Student Sexual Harassment And Anti-Gay Peer Harassment Under Title Ix, Deborah L. Brake
Articles
Title IX, like other sex discrimination laws, addresses discrimination that occurs because of an individual’s sex. Courts interpreting Title IX, like those interpreting Title VII of the Civil Rights Act of 1964, have struggled to demarcate a line separating discrimination because of sex from discrimination because of sexual orientation. This article constructs an argument for viewing anti-gay discrimination, and in particular anti-gay harassment between students, as a form of sex discrimination under Title IX. The article first explores why school inaction in the face of sexual harassment discriminates on the basis of sex. Although sex discrimination law generally has long …
In The Title Ix Race Toward Gender Equity, The Black Female Athlete Is Left To Finish Last: The Lack Of Access For The “Invisible Woman", Tonya M. Evans
In The Title Ix Race Toward Gender Equity, The Black Female Athlete Is Left To Finish Last: The Lack Of Access For The “Invisible Woman", Tonya M. Evans
Law Faculty Scholarship
Although each of us is defined by race and gender, those of us who are neither white nor male often experience invisibility as a result of our dual subordinate status.... Black women have been disproportionately located at the lower end of the economic hierarchy and, therefore, have been unable to afford private golf, swimming, or tennis lessons. Overt racial discrimination prevented black women from gaining access to the sports participated in by white women. To the extent that the main thrust of solutions to gender inequity and a lack of adherence to Title IX mandates has been the addition of …
Women Claim Small Gains In Athletic Team Funding, Jan Messier
Women Claim Small Gains In Athletic Team Funding, Jan Messier
Social Justice: Diversity, Equity, & Inclusion
Last spring the women's physical education department went on the warpath demanding increased funding for its sports program. This year much of the noise has subsided.