Is Relying on Title IX a Mistake?

23 Pages Posted: 10 Aug 2016

Date Written: August 9, 2016

Abstract

This Article attempts to answer an essential question related to Title IX’s role in student sexual assault at universities: is it better to improve and universalize student safety and conduct codes or rely on the new Title IX framework that has emerged? The tentative answer offered is that it is a mistake to solely or primarily depend on Title IX to deter and punish offenders in university sexual assault cases. This conclusion is based upon the uncertainty related to various aspects of Title IX doctrine and the regulatory regime that has emerged to enforce the statute. Consequently, this Article concludes Congress should adopt a basic, uniform student safety and conduct code that will cure many of the shortcomings of a legal regime based entirely upon Title IX. This legislation, unlike proposals aimed at merely strengthening the Title IX framework, might potentially avoid some of the backlash that has emerged in the wake of Title IX’s growing application in student-to-student sexual assault cases at universities while better addressing the issue.

Keywords: Title IX, Sexual Assault, Rape, Universities, Colleges, Civil Rights, Crime, Administrative Law

Suggested Citation

Yung, Corey Rayburn, Is Relying on Title IX a Mistake? (August 9, 2016). Kansas Law Review, Vol. 64, 2016. Available at SSRN: https://ssrn.com/abstract=2820618

Corey Rayburn Yung (Contact Author)

University of Kansas School of Law ( email )

Green Hall
1535 W. 15th Street
Lawrence, KS 66045-7577
United States

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