Competition and collaboration: Title IX Coordinators and the barriers to achieving educational equity
| DOI | 10.1177/13582291211014403 |
| Author | Brian Pappas |
| Published date | 01 June 2021 |
| Date | 01 June 2021 |
| Subject Matter | Articles |
Article
Competition and
collaboration: Title IX
Coordinators and the
barriers to achieving
educational equity
Brian Pappas
Abstract
How do compliance occupations successfully navigate complex institutional environ-
ments characterized by changing policy initiatives, managerial logics, unclear expecta-
tions, and competition from other occupational groups? This article examines the work
of Title IX Coordinators at U.S. Colleges and Universities, who often hold dual roles,
operate at lower levels within the institution, and lack the necessary resources to do
their work. Usinginterviews, surveys, professional association materials, and Title IX job
ads, this paper describes how Title IX Coordinators adapt to a complex institutional
environment and overcome these obstacles in their efforts to enforce Title IX. Title IX
Coordinators develop and create collaborative networks of expertise that develop and
build shared institutional influence. Using pre-existing relationships and sharing infor-
mation and expertise, Title IX Coordinators partner with legal counsel, campus police,
human resources, ombuds, student affairs, and other occupations to co-produce Title IX
compliance.
Keywords
Title IX, Gender, Discrimination, Sexual Misconduct, Profession
Political Science Department, Eastern Michigan University, Ypsilanti, MI, USA
Corresponding author:
Brian Pappas, Political Science Department, Eastern Michigan University, Ypsilanti, MI 48197, USA.
Email: bpappas1@emich.edu
International Journalof
Discrimination and theLaw
2021, Vol. 21(2) 94–116
ªThe Author(s) 2021
Article reuse guidelines:
sagepub.com/journals-permissions
DOI: 10.1177/13582291211014403
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In the United States, Title IX of the Educational Amendments of 1972 (20 U.S.C. § 1681
(2012)) promotes equity in academic programs by prohibiting sexual harassment, sexual
violence, and hostile environments. The job “Title IX Coordinator” originated with the
1975 Title IX implementing regulations (34 C.F.R. § 106.8 (a) (2016)) requiring U.S.
federal funding recipients to “designate at least one employee to coordinate its efforts to
comply with and carry out its responsibilities under [Title IX] ....” Universities created
Title IX Coordinator positions, in order to investigate complaints, determine violations,
and develop and oversee policies and trainings.
Title IX Coordinators face multiple challenges to successfully completing their work.
Title IX Coordinators typically do not hold h igh level positions, and often lack the
resources and connections that will enable them to succeed within their workplaces.
Pressure from advocacy groups and the media creates a high-pressure environment in
which to perform the work. Complicated cases require the collaboration of multiple
offices but competition regarding resources and jurisdiction often creates conflict
between occupational groups. Title I X Coordinators also lack a clearly define d and
member-driven professional association, creating a barrier to adequate training and skill
development.
A Title IX Coordinator’s authority originates from institutional policies and proce-
dures designed to comply with numerous laws o verseen by the U.S. Department of
Education’s Office of Civil Rights (OCR). OCR issues Dear Colleague Letters (DCLs),
directed to Title IX Coordinators with the greeting “Dear Colleague,” that specify and
clarify Title IX’s requirements. The DCL issued by OCR on April 14, 2011 reiterated
earlier guidance and made it clear that universities must respond to allegations of sexual
misconduct. The DCL prescribed a preponderance of the evidence evidentiary standard
and required universities to handle student-to-student sexual misconduct whether on or
off campus (OCR DCL, 2011).
The 2011 DCL confronted significant ongoing problems. In 2002 , Karjane et al.
analyzed 2,438 campus policies and found 54%had no sexual harassment policy and
40%were not training students or faculty regarding Title IX policies. The 2011 DCL,
along with increased public attention and an Obama Administration taskforce, contrib-
uted to additional awareness, and increased complaints. For example, while the number
of annual sexual misconduct complaints filed with OCR ranged from 50 to 125 between
1995 and 2012, complaints spiked to 175 in 2013 (Reynolds, 2019, p. 257). As a result,
OCR released a 2014 Question & Answers guidance document to further clarify Title IX
requirements (OCR Q&A, 2014).
Today, studies indicate campus sexual misconduct remains a significant problem:
Roughly one-third of undergraduate females in their fourth year of college report being a
victim of non-consensual sexual contact at least once during college, and only 30%or
less of the most serious incidents are reported (Cantor et al., 2019, pp. A7-14, A7-27). In
2017 the Trump Administration rescinded the 2011 DCL and replaced the 2014 Question
& Answers guidance document with interim authority (OCR DCL, 2011, p. 4; OCR
Q&A, 2014; OCR DCL, 2017a). On November 15, 2018 the administration released a
notice of proposed rulemaking and a final rule was issued on May 6, 2020 (OCR DCL,
2017a, p. 6; OCR Q&A, 2017b; OCR NPRM; 34 CFR Part 106). The 2020 final rule
makes significant changes to Title IX enforcement, including narrowing the definition of
Pappas 95
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