Sample Law Paper on Title IX
Title IX is a federal regulation that was enacted in 1972 prohibiting sexual based discrimination in institutions of learning in USA. This law protects both students and employees and intended to produce gender equitable schools. The law not only applies to rudimentary and high schools but also in private and public universities that enjoy financial assistance from the federal government. Title IX protection covers all facets of education programs and undertakings. Among the sexual vices prohibited by this law include gender-based violence, sexual provocations as well as sexual harassment (Stevenson 30). The enforcement of Title IX includes a three -part test. An institution of learning is said to comply with the test if the number of athletes from both genders is directly proportional to their enrolments. To add to that, the institution must have a good reputation regarding the participation of underrepresented gender or the institution accommodates the interests and capabilities of the disadvantaged gender.
For more than 45 years, Title IX has had its share of accomplishments including increased female participation in sports in high schools and college institutions. It has also provided a platform on which advocates of female sports pressure schools to conform. However, there is still much to done as far as the enforcement of Title IX is concerned (Stevenson 32). The Congress, as well as the Office of the Civil Rights, need to consider various recommendations as discussed below. The commendations are intended for strengthening Title IX.
The Office for Civil Rights (OCR) should revise the interpretation of Title IX by way of safeguarding educational freedom and autonomy of speech. It should distinguish between behavioral sexual allegations from allegations based on speech (Stevenson 33). Also, the OCR ought to make clear that sexual harassment evidence is not only based on offensive speech but also in preventing a student’s capacity to benefit from a learning program.
Another recommendation is that the OCR should pay more attention in all phases of investigations and proceedings regarding Title IX. This is for a reason that; sexual harassments are criminal cases. In this regard, institutions of higher learning should be compelled to adopt judicious standards of evidence (Stevenson 35). Moreover, the OCR should not dictate minor standard evidence without the approval of the federal administration. Furthermore, the OCR should increase collaboration with the Department of Justice (DOJ) to enhance effective enforcement as more this will lead to more referral and hearing of criminal cases.
The Office for Civil Rights had better engage colleges and Universities to come up with constructive policies and techniques for the application and enforcement of Title IX. Here, compliance processes should be refined to reduce confrontation while creating policies for enhancing effective response to Title IX complaints (Stevenson 39). Also, the OCR should assist learning institutions in crafting educational programs that address cases of gender disparity, sexual harassment among others. The measures undertaken to combat gender disparity should not be based on a proposal but in a manner that an institution sees fit.
Regarding compliance, the OCR should assign staff resources required for completion of scheduled compliance reviews. In the past, a significant percentage of compliance assessments planned have not been finalized even though the compliance assessments are more operational compared to complaint investigations (Stevenson 38). Compliance can also be improved through an increment in Title IX technical support as well as community information efforts. This will contribute to increased voluntary compliance which has been delayed in the past due to insufficient understanding of Title IX.
Stevenson, Betsey. Title Ix and the Evolution of High School Sports. Munich: Univ. Center for Economic Studies, 2007.