Jeff Lowe

WGSS 101
Dr. McWhorter
1 March 2018
Elevator Speech

● In 2011 the Office for Civil Rights sent the “Dear Colleague” letter to all schools and

universities receiving federal funding in the United States. Three years later a Q&A

would sent to help answer questions that were raised as a result of the DCL.

○ These letter gave extensive guidance about how universities should carry out their

grievance procedures for cases that fall under Title IX such as sexual harassment

and sexual violence.

● The three focal points of the letter pertained to the standard of evidence that would

warrant a case, the appeals process, and cross examination

○ Preponderance of evidence is used to determine if an investigation will be carried

out. “More likely than not”

■ Favors the complainant

■ Is the only appropriate standard of evidence

○ Appealing must be available to both sides

■ the respondent may have to face the same trial twice which is an

infringement on due process

○ Strongly discouraged that either party be allowed to cross-examine the other

■ Does not allow for a proper questioning of the facts

Due Process
 ● 14th Amendment protects citizens against state action. Schools are state actors. One of

the protections that citizens have against the state is due process. “No person shall be

deprived of life, liberty, or property without due process of the law”. Students can show

that they had the liberty to obtain an education and future opportunities but a case has

taken the opportunity away from them. Public education is a property interested that is

protected by the 14th amendment. As a result, students are entitled to due process in Title

IX cases.

There are several critiques on the guidance given by the OCR particularly to how the respondent

is disadvantaged to how the policy is set up and enforced. (Training about survivors, is the loss

of federal funding a form of coercion, should the respondent be tried for the same violation

twice?)

I want to explore the critiques to these three policies emphasized by the OCR and how

the complainant, respondent, and university are affected by these policies? Is Title IX in place to

be a form of criminal justice or ensure a safe environment on campuses?