Social and Behavioral Sciences Commons^™

Why So Touchy? Navigating Physical Touch In The Performing Arts, Joseph Skillen, Gretchen Alterowitz, Michelle Reinken

Academic Chairpersons Conference Proceedings

Physical touch is endemic to instruction in the Performing Arts. Two Performing Arts Chairs and the University’s Title IX Coordinator share approaches and solutions to navigating challenges resulting from the use of touch in student-instructor interactions.

Exploring Restorative Justice As An Adaptable Resolution For Gender-Based Misconduct, Jessica D. Naidu

M.A. in Higher Education Leadership: Action Research Projects

Restorative justice, an approach to harm rooted in Indigenous culture, asks three central questions: 1) What is the harm? 2) Who is impacted? 3) How can we repair it? This is a vastly different approach to most criminal justice procedures that instead seek to determine who broke what rule and how they should be punished. Although a modern resurgence of restorative justice has exploded across college campuses, higher education has been slow to adopt the approach for relationship violence and sexual harm. In this study, victim advocates, conduct professionals, and university administrators at the University of San Diego participated in …

Beyond Compliance: Critical Perspectives In Supporting Institutionally Underserved Survivors Of Sexual Violence, William A. Martinez

Masters Theses

Interpersonal and sexual violence on college campuses is rampant. While federal legislation exists to support survivors of interpersonal violence in higher education via the Violence Against Women Act, Title IX, and Clery Act, support specifically for institutionally underserved survivors of interpersonal violence (IUS) tends to be limited in nature. Because of this deficit, institutionally underserved students and survivors of interpersonal violence are often left unsupported by interpersonal violence prevention staff members (IVPSM). Through semi-structured interviews, this critical multisite case study collected information on the perceptions of IVPSM on IUS support and resources, identified gaps in education on how to respond …

Legislative Bill 519: Creating And Lobbying For Original Legislation, Brooklyn Terrill

Honors Theses, University of Nebraska-Lincoln

This project reflects the process of writing and attempting to pass state legislation, Legislative Bill 519, as a college student. LB 519 is an immunity policy for certain drug and alcohol charges that would be potentially prohibitive to a survivor or witness of sexual assault reporting the crime. The first several sections cover the process of developing and introducing legislation. These sections cover the process of developing the idea for LB 519 and the thought process behind the language and structure of the bill. It then covers the advocacy portion of passing a bill which includes testifying and lobbying for …

Deliberate Indifference: An Exploration Of The Student Survivor Activism Group Movement, Shyla Kallhoff

Educational Administration: Theses, Dissertations, and Student Research

#MeToo. It’s On Us. End Rape on Campus. #BeTheSwede. Dear UNL. These phrases have united people all over the world to use their voices and speak out about sexual violence. In higher education, these statements empower students to make their voices heard, and simultaneously invoke fear in campus administrators who do not want to be held accountable for the mishandling/lack of Title IX cases. Student survivor activism groups, the subject of this study, have formed at universities around the country and often use similar statements to advocate for changes they feel need to happen. Finding no previous research, it is …

The Rising Profile Of Sexual Harassment On Campus: How Do Faculty Respond Inside And Outside The Classroom, Scott C. Strother

Seton Hall University Dissertations and Theses (ETDs)

Faculty behavior inside and outside the classroom is one of the many concerns faced by higher education administrators. Inappropriate comments, behavior, or acts engaged in by faculty members have resulted in sexual harassment complaints being filed by students, and in some cases resulted in costly litigation and settlements for some colleges and universities. In the recent news, public figures like actor Bill Cosby and Hollywood director Harvey Weinstein have been openly accused of sexual harassment and/or rape. High publicity matters like these presumably have an influence on awareness of the issue of sexual harassment.

The purpose of this study was …

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 …

Title Ix And The Responsibility Of Leadership In Collegiate Athletics, Regan J. Mccomb, Chelsea Kaunert

Honors Theses

Typically, when we hear about Title IX, we think of scholarship dollars, ratio of men’s and women’s sports, and equal funding, but in the past several years we have seen a shift in focus to sexual misconduct. Studies have repeatedly shown that sexual assault rates on college campuses are not on the decline. With one in five college students graduating a victim of sexual misconduct, we must now demand more of those we consider leadership in the university setting. Recently we have seen a trend of prominent women, including female athletes, speaking out about their experience with sexual assault. We …

Sexual Assault Campus Climate Surveys: Insights From The First Wave, Kristen M. Budd, Alana Van Gundy, Rose Marie Ward, Glenn W. Muschert

Dignity: A Journal of Analysis of Exploitation and Violence

One tool to help institutions of higher education (IHEs) to address campus sexual assault is the campus climate survey (CCS); yet little is known about the CCS implementation process. This study used a mixed methods approach to examine the implementation process of CCSs deployed during the 2015/16 academic year at 244 IHEs throughout the United States. Quantitative results indicate CCSs were designed primarily by the Title IX officer and campus administration; assessed victimization rates and knowledge about campus resources; and were voluntary. Qualitative findings generate concerns surrounding generalizability, participation rates, validity of data, and suggestions for improvement for future CCSs.

Restorative Justice And Responsive Regulation In Higher Education: The Complex Web Of Campus Sexual Assault Policy In The United States And A Restorative Alternative, David R. Karp Phd

School of Leadership and Education Sciences: Faculty Scholarship

Sexual assault policy on college campuses in the United States is a complex system guided by federal policy, state policy, and local mandates. When students violate sexual misconduct policies, campuses primarily rely on suspensions and expulsions, paralleling the criminal justice system’s reliance on incarceration as a solution based on stigmatization and separation. Since the 1990s, restorative justice has made inroads as an alternative response to student misconduct, but application to sexual misconduct is rare. The Campus PRISM Project (Promoting Restorative Initiatives on Sexual Misconduct) is a network of academics and practitioners exploring a restorative approach within a responsive regulatory framework. …

Ncaa Fbi Probe, Candace N. Means

Student Publications

The article discusses the FBI probe as well as a list of other scandals that have risen from the investigation such as the debate as to whether to pay student athletes, the NCAA's aim to stress academics over athletics, the NCAA's transfer rules, and the one-and-done rule. The article also emphasizes the lack of emphasis on female athletes in the media and unfair treatment in relationship to Title XI.

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

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 …

Consent, Culpability, And The Law Of Rape, Kimberly Kessler Ferzan

Faculty Scholarship at Penn Carey Law

This Article explores the relationship between consent and culpability. The goal is to present a thorough exposition of the tradeoffs at play when the law adopts different conceptions of consent. After describing the relationship between culpability, wrongdoing, permissibility, and consent, I argue that the best conception of consent—one that reflects what consent really is—is the conception of willed acquiescence. I then contend that to the extent that affirmative consent standards are aimed at protecting defendants, this can be better achieved through mens rea provisions. I then turn to the current victim-protecting impetus for affirmative expression standards, specifically, requirements that the …

Title Ix And The Impact Of Athletic Leadership, Ceceilia Parnther, Jennifer Deranek, Scott Michel

The Hilltop Review

Abstract

This literature review will discuss the history of Title IX of the Education Amendments Act of 1972 and its value in higher education today through a critical feminist thought lens. It is known that despite Title IX, gender equality does not exist in intercollegiate athletics. In addition to discussing the history of Title IX, the article will highlight the challenges and triumphs of female athletic directors and senior women’s administrators and briefly discuss the role on coaches, athletic trainers and student-athletes.

Title IX of the Education Amendments Act of 1972 provided equal opportunities for women in athletics and academics …

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 …

Adolescent Dating Violence: How Should Schools Respond?, Jeanne L. Surface, David Stader, Thomas Graca, Jerry Lowe

Educational Leadership Faculty Publications

Educational leaders have a substantial degree of control over students and generally have a tremendous influence on the decisions that they make. District administrators are already involved in comprehensive efforts to stem sexual harassment, teen violence and bullying; therefore, they may be well positioned to identify and address the problem of teen dating violence. Unfortunately, school district failure to take action is far too common, despite the statutory duty to ensure the safety of all students during school hours and at school sponsored events. School districts can be held liable for student dating violence under Title IX, under 42 U.S.C. …

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

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 …

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 Snell Symposium; Beyond Leveling The Playing Field: Ursinus' Role In Developing Female Coaches, Wendy Greenberg, Sally Widman

Eleanor Frost Snell Programs, Correspondence and Other Documents

This magazine article describes the Snell Symposium, a collaboration between Ursinus College and the Centennial Conference, which focused on ways to increase the number of female coaches and athletic directors.

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

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 …

Umaine Commits To Classroom Equity, Andrea Page

Social Justice: Diversity, Equity, & Inclusion

Several students addressed the Vision 2000 mission plan for changing gender equity at the University of Maine Thursday.