Holly Ngo 1

Better or Worse? You Be the Judge

Chapter 9 - Module 4

June 10, 2023

Dimension 1: Define the Ethical Challenge

a. Title IX was created to address and prohibit sex-based discrimination in educational

institutions that receive federal funding. Now, Title IX has also expanded to cover sexual

harassment. Title IX is intended to protect those in educational institutions, but it has

critical flaws that go against its purpose. It no longer requires university staff to report

allegations, there is no standard for the burden of proof, and it does not cover instances

off campus. College presidents must challenge the current variation of Title IX by

establishing a standard code of conduct,” legal-inspired descriptions of expected

behaviors and practices to specific situations and aspects of an organization’s business,”

that requires the university to provide support and resources to victims who want to

report and include incidents off-campus that involve our students or faculty (Fugate,2022,

p. 178).

b. Amendments to Title IX have shown difficulty establishing a consistent standard across

all educational institutions. Stakeholders involved may need help finding guidance with

their experiences. Creating a uniform standard makes providing resources and support to

protect the stakeholders easier. University leaders need to improve the psychological

safety, “environments in which employees feel comfortable taking risks without concerns

of being punished for doing so,” of their students and staff when it involves cases of Title

IX (Fugate,2022, p. 186). As educational institution leaders, we must set an example for

our organizations’ values and ethics as we help educate members of our society.
 2

c. Currently, Title IX no longer requires university employees to report allegations to the

Title IX office. While universities are no longer legally required, many still ask their staff

to report any incidents. Mandatory reporting may have good intentions, but it can cause

more harm for the victim as it removes their ability to choose how they want to proceed

from their experience. Allowing survivors to have a choice returns the power they lost

from their experience and can help them heal from their trauma ( T. N. Richards et al.,

2021, pg. 378).

A second issue with Title IX is that it does not cover incidents off-campus despite

involving students or faculty of the institution during “study-abroad programs or events

on off-campus housing”(Fugate,2022, p. 188). In cases involving students and employees

of an institution, it is important to ensure their protection under Title IX, as they are

expected to follow the same code of ethics,” general descriptions of expected behaviors

and practices that reflect an organization’s values,” while affiliated with the institution

(Fugate,2022, p. 178).

d. Key stakeholders are the following:

Students: are affected by Title IX as it provides equal opportunities and protects

them from sex-based discrimination, sexual harassment, and misconduct.

Faculty: are also protected under Title IX as it ensures their safety against

retaliation for reporting and upholding Title IX. Faculty may be required to address or

report any incidents of sexual harassment.

Survivors: Title IX plays a part in supporting survivors and providing resources

to overcome their trauma. It also aims to protect survivors against similar incidents in the

future.
 3

Dimension 2: Determine the Causes

a. While it may be beneficial to have faculty report sexual harassment or misconduct, it

poses an issue for the person's consent. Title IX does not require the faculty to obtain the

person's consent to report their observed instance, which can be challenging to

understand the situation from observing on the outside.

Although some may not partake on campus, they are involved with individuals

from the institution. Students participating in study abroad are not on the institution's

grounds but are part of a program facilitated by the institution.

b. Faculty who are required to report may cause a significant burden to an individual by

reporting without their consent. It can also force the individual to revisit the memory of

the incident. Not providing support to students and faculty, for instance, outside of

campus grounds, expresses the lack of support for participants outside, which can affect

their experience on campus.

Dimension 3: Describe Your Potential Solutions and the Intended and Unintended

Consequences for Stakeholders

a. I would ask fellow presidents to become advocates for consent by amending their code of

conduct on Title IX to require faculty to obtain permission before reporting. A suggested

way to obtain permission is to send an automated message to the individual inquiring if

they need assistance.

While participating in their respective institutions, students and faculty should be

required for the institution to ask for their cooperation in Title IX outside of campus. If
 4

misconduct occurs off-campus, it should be addressed and resolved as it would be

handled if taken on-campus.

b. Requiring faculty to obtain consent allows the affected individuals to have power over

their situation. By enabling individuals to have the ability to decide, it is fair for them to

gain control of a situation that was out of their control.

Having the protection of Title IX extend beyond the campus can express the

ethics and values of the institution toward the participating members. By standing by the

organization’s ethics and values, it can promote like-minded individuals and cultivate a

positive long-term education environment.

c. By requiring faculty to report instances of sex-based discrimination or misconduct, the

organization can document and respond to such acts. While documenting instances over

time can help the organization build a case against the perpetrators. Documenting these

instances without requiring consent or speaking with the affected individuals can leave

room for misunderstanding. When enough evidence is collected to act on reports, much

time may have passed, making it difficult to take action.

d. Requiring consent from the involved individual may also be complicated by putting them

in a difficult situation to talk about their experience. Suppose the individual chooses to

refrain from reporting their experience while a faculty requests consent. In that case, it

may be difficult for the faculty to accept their choice if it is against their ethics and

values.

An unintended consequence of expanding Title IX beyond the campus is the cost of

resources, such as money and time to ensure proper procedures when the organization

responds to reports. The current version of Title IX requires live hearings and
 5

cross-examination. It can cost time for individuals involved and take them away from

their job and education.

e. The actions and decisions related to Title IX can affect the organization’s community for

both the victim and the accused. The decisions involving Title IX cases must be right and

just. If the response seems unfair to the community, it may affect their views wards the

organization's credibility.

f. My solution aims to empower individuals to regain control of their situation by providing

support through Title IX. Allowing individuals to decide if or when they want to report

their situation can help them move beyond their trauma. While accepting the individual’s

decision may be difficult, an organization must support those involved.

 6

References

Fugate, M. (2022). Managing Business Ethics And Your Career. SAGE

Richards, T. N., Branch, K. A., Pinchevsky, G. M., & Hayes, B. E. (2021).

Walking the tightrope: Navigating faculty status as a mandatory reporter in the #metoo

era. Journal of Criminal Justice Education, 32(3), 375–389.

https://doi.org/10.1080/10511253.2021.1962377