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Good day, everyone. I work as a Compliance & Risk Specialist, ensuring my campus complies with both Title IX and the Clery Act. A major component of Title IX, especially in the history of its creation and amendments, is the rights of women on campus. While Title IX protects all discrimination on the basis of sex, this guide will focus on the history of gender equality in higher education and the laws and court cases that helped to build current practices. This is directed to both current and prospective students, so that they may better understand how laws such as Title IX and the Clery Act may affect both themselves and their peers. As a Compliance & Risk Specialist, I aim to help students better understand these laws, so that we can provide excellent service to all students without obstacles created by gender discrimination.

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I spoke with a member of the Compliance & Risk team at another Waco college, to better understand the practices at their facility and their own perspective on these laws and policies. As a new member of the Compliance & Risk team at my own college, I believe this outside perspective will help me in my career as well as better equip me with the knowledge I need to best assist students. In my interview, we discussed what I consider to be the three best practices when handling a Title IX incident report:

1. Always attempt to maintain privacy, but do not make promises of secrecy that cannot be kept, as information may need to be shared with campus police.
2. Title IX is a civil rights statute, as so the protection of the victim comes before the punishment of the offender.
3. The parties involved and the environment of the incident will greatly vary for each case. Any gender person can be a victim, offender, or witness, and Title IX incidents can occur both on or off-campus property.

We discussed the recent changes to Title IX that came with the end of the Obama administration, and how this impacted campus policy. Sarah explained that, since many of these changes were lessened stipulations as to how schools handle Title IX cases, practices remained nearly the same, as the school maintained policies that best protected the rights of the victim. We discussed how the upcoming election may bring a wave of new policy changes once more, which could have an outstanding impact on gender issues within higher education. This would be my first time encountering such changes, so speaking with a more seasoned staff member helped me better understand how the Compliance & Risk department would handle these new regulations.

Sarah Jones
Compliance & Risk Manager
McLennan Community College

Jones, S. (2019, July 17). Personal interview.

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https://www.naspa.org/about/blog/initial-response-to-latest-from-doe-on-title-ix

This post discusses the new Title IX guidance released by the Department of Education and the association's stance on these changes. They argue that these recent changes may cause more victims to remain silent, and there are greater obstacles in place that prevent the effectiveness of submitted crime reports. The new guidelines remove the 60-day resolution requirement, which could leave many cases in a state of limbo. As well, sexual assault cases require a greater degree of proof when compared to other campus crimes, which may lead to victims remaining silent. Overall, NASPA disagrees with these changes, as 90% of sexual assault victims do not report crimes committed on campus, and these changes could further increase this percentage.

Kruger, K. (2017, September 22). Initial Response to latest from DOE on Title IX. Retrieved July 20, 2019, from https://www.naspa.org/about/blog/initial-response-to-latest-from-doe-on-title-ix

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https://www.insidehighered.com/news/2019/07/15/parents-slain-university-utah-student-sue-under-title-ix

This new report discusses how the parents of a murdered student felt the school did not take proper action to protect her from reported harassment. The author of the article discusses how schools often treat Title IX as if it is a penal code, meant to punish the accused, rather than a civil rights statute, meant to protect the accuser. This addresses how the main priority of Title IX should be the protection of a persons' civil rights.

Bauer-Wolf, J. (2019, July 15). Parents of slain University of Utah student sue under Title IX. Retrieved July 20, 2019, from https://www.insidehighered.com/news/2019/07/15/parents-slain-university-utah-student-sue-under-title-ix

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https://www.insidehighered.com/news/2019/07/05/author-discusses-rape-culture-and-religious-colleges-new-book

The author of a new novel describes her take of current Title IX regulations and how religious institutions especially have an ongoing issue of "rape culture", the phenomenon of crimes being overlooked due to the social standing of the offenders. The author warns that treating each case as an isolated incident, rather than looking at how current social norms lead to these crimes, perpetuates this culture and further endangers these victims.

Bauer-Wolf, J. (2019, July 5). Author discusses 'rape culture' and religious colleges in new book. Retrieved July 20, 2019, from https://www.insidehighered.com/news/2019/07/05/author-discusses-rape-culture-and-religious-colleges-new-book

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https://www.justice.gov/crt/overview-title-ix-education-amendments-1972-20-usc-1681-et-seq

Outlaws any discrimination on the basis of sex within a federally funded educational program. This law is integral to the protection of students, creating guidelines on how sexual harassment incidents are reported and investigated. This is the main law discussed in this guide. Statutory Law.

Title IX of the Education Amendments Act, 20 U.S.C. ch. 38 § 1681 (1972)

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https://clerycenter.org/policy-resources/the-clery-act/

Schools must publish statistics of crime committed on campus. The Violence Against Women Reauthorization Act of 2013 was an amendment to this, which further clarified how crimes of a sexual nature should be investigated and reported. This law helps ensure these cases are not overlooked, and that both current and prospective students have a right to this information. Statutory Law.

Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, 20 U.S.C. § 1092 (1990)

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https://www.oyez.org/cases/1983/82-792

U.S. Supreme Court ruled that Title IX applied only to programs receiving direct federal aid. This placed many institutions' sports and extracurricular programs outside the scope of Title IX, making gender equality difficult to establish. This shows how adjustments to Title IX, much like the recent adjustments following the end of Obama's presidency, can be changes that diminish the civil rights of the students. Judicial Law.

Grove City College v. Bell, 465 U.S. 555 (1984)

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https://www.oyez.org/cases/1995/94-1941

The Supreme Court of the United States ruled that the Virginia Military Institute male-only admission policy violated U.S. law. The educational facility violated the Equal Protection Clause of the Fourteenth Amendment, as female students would not receive the same benefits if attending the alternative school, Mary Baldwin College. This case shows how constitutional law can be an important aspect of gender issues on campus. Judicial Law.

United States v. Virginia, 518 U.S. 515 (1996)

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https://www.baylor.edu/titleIX/doc.php/249242.pdf

This is the policy of Baylor University concerning sexual harassment on campus. Notably, the policy states that victims and witnesses are protected from student conduct infractions when reporting Title IX incidents that may be related to such conduct. As so many sexual harassment cases go unreported, a highly religious school offering these protections is monumental in bringing justice to victim students.

Johnson, L., Ph.D. (2018, June 14). Sexual and Gender-Based Harassment and Interpersonal Violence Policy. Retrieved July 6, 2019, from https://www.baylor.edu/titleIX/doc.php/249242.pdf

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https://www.cas.edu/files/CASethicsstatement.pdf

The standard of "justice" in higher education involves the protection of a student's right to safety and unencumbered education. Title IX and related laws are meant to ensure justice for students who are victims of sexual harassment and assault, both providing legal protection and connecting them with support resources.

Council for the Advancement of Standards (2006). CAS statement of shared ethical principles. In Council for the Advancement of Higher Education (Ed.), CAS professional standards for higher education (6th Ed.). Washington, DC: Author.

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https://www.worldcat.org/title/hunting-ground-the-inside-story-of-sexual-assault-on-american-college-campuses/oclc/913304942&referer=library_profile_recentitems&returnRegistryId=&libraryname=Westminster%20College

The Hunting Ground is a novel that explores the prevalence of sexual assault in higher education, and how a biased favoring of fraternities and athletic teams leads to victims being ignored or receiving retaliation.

Dick, K., Ziering, A., Matthiessen, C., & Dunham, L. (2016). The Hunting Ground: The Inside Story of Sexual Assault on American College Campuses. New York: Hot Books.

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#13 Bulleted list of Recommendations / Best Practices for Compliance

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#13 Bulleted list of Recommendations / Best Practices for Compliance

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To help you better understand Title IX and related laws, here are nine recommended practices:

1. Title IX protects all students from harassment on the basis of sex. Remember that any gender can be the victim or offender of sexual harassment.
2. Title IX is a civil rights statute, not a penal code. This means that the main priority is the protection of the victim, before the punishment of the offender.
3. Sexual harassment may take many forms, this includes not only physical sexual assault, but also often overlooked occurrences, such as sexual comments or discrimination.
4. Do not make promises to the victim that cannot be upheld, such as telling them that you will keep there case a complete secret, as you may be legally required to relay this to the police department or Title IX team.
5. The mental and physical health of the victim should not be overlooked when handling a Title IX case. Beyond just reporting an incident to the police, the student should be connected with resources such as the school clinic and counselors.
6. Students who participated in activity against school policy, such as alcohol and controlled substance consumption, will not be penalized if admittance to these acts is integral in reporting a sexual harassment crime.
7. The stipulations within Violence Against Women Reauthorization Act of 2013 are worded to be gender-neutral, and thus this act protects students of all genders, despite the verbiage of the title.
8. You can report a Title IX incident through the Baylor University website. Both victims and witnesses can report crimes anonymously through the web portal.
9. Title IX incidents can occur off campus as well, such as during travel, research, or internship programs.