How the Title IX process at University of Kansas is supposed to work
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Title IX was signed into law 50 years ago in the hopes of removing barriers that hinder people’s education on the basis of sex.
It’s most often known as a means to address sexual harassment and other forms of sex discrimination, including in athletics programs, in education.
Title IX puts the legal onus on schools to both prevent and respond to sex discrimination. Those who don’t are at risk of losing federal funding.
What is Title IX?
Title IX came into the picture in 1972, making sex discrimination illegal at educational institutes, from elementary schools to universities.
The law reads: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.”
The Title IX process is separate from a police investigation, though survivors may choose to initiate both.
How does the Title IX process work?
Once the university receives a report, whether it’s filed by a student or faculty member, the Title IX office will start the process of filing a formal complaint.
At the University of Kansas, for example, investigations are completed within 60 days of the complaint being made. Schools are required to provide an equal opportunity for the accuser and the accused to present facts and expert witnesses.
From there, the office completes a summary of their findings. If it’s determined that disciplinary action is needed, that will come next.
And finally, the law prohibits retaliation as the result of the investigation.
How common are Title IX investigations?
Title IX investigations can be initiated for a number of reasons, including claims of sex discrimination in admissions, discipline, denial of benefits and retaliation.
As of early February, there were nearly 1,200 open Title IX investigations at institutions across the country, according to the U.S. Department of Education. Twenty-four were filed in Kansas; 35 were in Missouri.
(See a full list of where the open investigations are based here.)
The Chronicle of Higher Education began tracking investigations at colleges across the county in 2011. At last county, Kansas State University had five open cases, the fifth-most in the country.
Nationwide calls for reform
Organizations and advocacy groups like End Rape on Campus and Know Your IX, have called for institutional changes around the law.
It’s not uncommon for schools to fail survivors who file a Title IX report, groups and survivors have said.
Common concerns around Title IX implementations surround the adjudication system, inadequate crisis response and counseling programs and lack of prevention and education, according to Know Your IX.
If an institution fails to protect a student, Know Your IX recommends that survivors first identify the specific way in which harm was caused, and then propose an idea to improve the process.