ERIC Number: ED652556
Record Type: Non-Journal
Publication Date: 2020
Pages: 165
Abstractor: As Provided
ISBN: 979-8-6846-1400-2
ISSN: N/A
EISSN: N/A
Neither Clear nor Convincing: How New Title IX Guidelines Undermine Equity, Security, Efficiency, Liberty and Welfare Goals for American Colleges
Shannon Robinson
ProQuest LLC, Ph.D. Dissertation, The Ohio State University
In 2018 the Trump Administration's Office for Civil Rights (OCR) under Betsy DeVos moved to institute new recommendations for implementing Title IX in American educational institutions. In this dissertation I converse with the OCR regarding their new guidelines for interpreting Title IX in colleges and universities with respect to sexual misconduct proceedings. More specifically, I analyze several of their proposed changes using a distributive justice framework. First, I look at how alterations to the standards of evidence requirements affect risk, and the physical and psychological security of students on campus. Second, I argue that many of the OCR's changes will create burdensome financial and time costs without resulting in more just conditions. Third, I analyze the OCR's new definitions of "sexual harassment" and "hostile environment" from a standpoint of liberty, and ultimately conclude that these changes threaten the autonomy and moral development of students. Fourth, I define the democratic value of welfare relationally, and show how adversarial, legalistic student hearings threaten caring and cohesive social relationships on campus. Finally, I begin to envision a new kind of campus community, where barriers between different offices serving students and between different student groups are dissolved. This can help create a whole-school ethos of ethical sex in colleges, which will serve to lessen the incidence of sexual violence amongst college students. [The dissertation citations contained here are published with the permission of ProQuest LLC. Further reproduction is prohibited without permission. Copies of dissertations may be obtained by Telephone (800) 1-800-521-0600. Web page: http://bibliotheek.ehb.be:2222/en-US/products/dissertations/individuals.shtml.]
Descriptors: Educational Legislation, Federal Legislation, Higher Education, Equal Education, Freedom, Goal Orientation, Guidelines, Sexual Abuse, Conferences (Gatherings), School Safety, Educational Change, College Students, Risk, Costs, Financial Problems, Personal Autonomy, Moral Development, Interpersonal Relationship, Political Influences, Politics of Education
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Publication Type: Dissertations/Theses - Doctoral Dissertations
Education Level: Higher Education; Postsecondary Education
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Higher Education Act Title IX
Grant or Contract Numbers: N/A