Getting It Right: Title IX's Role in Adjudicating Sexual Assault Claims

Belmont Criminal Law Journal, Vol. 1, pp. 92-105, 2018

Texas A&M University School of Law Legal Studies Research Paper No. 19-71

14 Pages Posted: 6 Dec 2019 Last revised: 8 Dec 2019

Date Written: October 1, 2018

Abstract

I want to start with a very important point: sexual assault is a crime. We have a serious issue in the United States with sexual assault and sexual harassment. We are seeing this play out right now, and I think the “Me Too” campaign has brought important attention to this issue. An issue that impacts not only our college residence halls, but, as we have seen, the halls of Congress. Serious people are not debating whether sexual assault and sexual harassment pose a societal problem. Rather, serious people are debating how to adequately address these issues without compromising fairness to all involved.

Let me also state: I am not a political actor. I am a constitutional law professor. I do not talk about the wisdom of legislation. I talk about whether Congress has the power to pass the laws that it passes. But, one of the things I find a little disconcerting in this area is Title IX, and its interpretation, appears to be a bit of a political football. When a Presidential administration changes, the policy interpretations seem to change. Such political evolutions should trouble all of us since this legislation is intended to ensure gender equity in education.

Suggested Citation

Penrose, Meg Mary Margaret, Getting It Right: Title IX's Role in Adjudicating Sexual Assault Claims (October 1, 2018). Belmont Criminal Law Journal, Vol. 1, pp. 92-105, 2018; Texas A&M University School of Law Legal Studies Research Paper No. 19-71. Available at SSRN: https://ssrn.com/abstract=3498446

Meg Mary Margaret Penrose (Contact Author)

Texas A&M University School of Law ( email )

1515 Commerce St.
Fort Worth, TX 76102
United States

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