ERIC Number: EJ1385422
Record Type: Journal
Publication Date: 2023
Pages: 15
Abstractor: As Provided
ISBN: N/A
ISSN: ISSN-2637-9112
EISSN: EISSN-2637-9120
Using Intersectionality to Reimagine Title IX Adjudication Policy
Anderson Wadley, Brenda Lee; Hurtado, Sarah S.
Journal of Women and Gender in Higher Education, v16 n1 p52-66 2023
Using critical discourse analysis, this article reveals how power is inherent in and maintained through Title IX campus-based adjudication processes. We interrogate the role of identity and power in Title IX adjudication processes through an intersectional analytic framework. We challenge the reliance on fairness and neutrality, which leads institutions to a one-size-fits-all approach to implementing this policy. We also demonstrate how parallels to the criminal justice system disproportionately oppress survivors with marginalized identities. We offer policy recommendations and alternatives to Title IX adjudication, such as restorative and transformative justice community-based processes. We urge campus educators to push for policy that attends to the sociopolitical and historical context of survivors and moves from punitive processes to survivor-centered and community-focused ones.
Descriptors: Intersectionality, Federal Legislation, Educational Legislation, Higher Education, Court Litigation, Educational Policy, School Policy, Restorative Practices, Justice, Sexual Abuse, Sexual Harassment, Gender Discrimination, Racism
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Publication Type: Journal Articles; Reports - Research
Education Level: Higher Education; Postsecondary Education
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Location: California
Identifiers - Laws, Policies, & Programs: Higher Education Act Title IX
Grant or Contract Numbers: N/A