The more I learn about the ins and outs of Title IX (and Title VI) investigations, the more pessimistic I become about the ability of these statutes to remedy disparate and discriminatory treatment employees (in educational institutions) face.
I am speaking only of higher ed here (though I do not imagine it is better in K-12) where the list of employees I know, or complaints I hear about, just keeps growing. As a reminder, if an institution has a large number of complaints, there is, as they say, "something in the water." In other words, there is a culture in a department, a division/college, or the institution as a whole, in which discrimination is allowed to continue.
Hostile environments seem to be flourishing which means the people in charge are not doing their jobs. The remedy to this is supposed to be the complaint process. But the investigations process just seems so fraught. Title IX offices, where it is possible that maybe those in that office are more equity-minded and committed to creating better environments and stymying discrimination, are not the ones doing a lot of crucial investigations, ie., the ones brought by employees. Those go to Human Resources who sometimes do the investigations in house, but will also contract them out to businesses that specialize in this work. (I am curious about the data on this but imagine it is hard to come by. it seems like maybe it is better this way, but who knows. Ultimately, HR makes a decision from whatever report emerges from the outside investigation so...)
As I tell the students in my classes when we talk about ethical behavior in the workplace, you should definitely report unethical--including discriminatory--behavior you experience or witness to HR (because documentation is important). But always remember HR is on the side of the institution. They are protecting the institution. So when investigations or reports from investigations get turned over to them, that is the approach they take.
What has inspired this little soapbox post? This story of a graduate assistant coach suing her institution which failed in its duty to effectively investigate her Title IX claim. Graduate students have so little power and occupy line-blurring positions as employees and students. (I am just beginning some research on graduate athletic trainers and it is not a good situation for them, especially for women.)
In this situation, the graduate student, a woman, was serving as an assistant coach for the football team at Ohio Dominican University. She alleges that she was physically attacked by a member of the team who made forceful physical contact with her (causing bruising on her neck which she documented) and grabbed her bag to search the contents. The event was witnessed by another graduate student. She reported it to the football coach and to the Title IX office which assigned the investigation to...the coach; the man who is the supervisor of the complainant and the educator of the student being accused. Huge conflicts of interest there PLUS that fact that (as far as I can tell) he has no investigation experience or training.
Things went as expected. The coach did not think, based on his own personal definition of assault as resulting in blood or severe bruising, the attack rose to the level of, well an attack. Title IX office agreed it did not meet the criteria of a Title IX violation and turned it over to student conduct. Coach equated it to a sister/brother scuffle and asked the graduate assistant what SHE could have done differently in the situation. She was retaliated against by the school and coaching staff in particular. Her mother filed a retaliation claim on her behalf and then the coach called and said the grad student no longer had a job.
So the grad assistant sued.
My highbrow, academic take: schools are dumb. Too broad? This school's employees acted unwisely and illegally! (Like so many other institutions.) This woman likely just wanted the situation addressed; the player punished, maybe a no-contact order. She did not money as compensation. She wanted to keep her job and feel safe--like everyone does; like what all of us who are employees deserve and are guaranteed under various laws--including Title IX.
And because this now a lawsuit, other issues are being raised,* like her inequitable compensation. And if there is any justice, the grad student will get heaps of money. Though, it will likely be in the form of a settlement in which the university does not admit guilt. Will it compensate for the treatment she received from the university? The damage this coach will do to her future employment chances? Probably not. And that brings me back to....
Institutions need to do a better job at eliminating hostile environments. Get rid of employees who perpetuate these environments. As a unionist who has seen so many bogus claims (often against the least powerful employees) know that I do not make that statement lightly. At my institution that coach would be a union member, but so would the grad student. They would both deserve and get due process and representation (yay unions!)
But honestly, the worst problems exist higher up among the people who ignore or write off or spin complaints against management employees (i.e., their colleagues). Administrators who have power can use it in retaliatory ways; or they simply ignore problems. This is how hostile environments are created. These are the environments in which bad things happen to those who are the most vulnerable.
* Dear institutions,
When you do not address the bad behavior happening on your campuses and those issues get elevated to higher and more official levels, MORE of your bad behavior comes to light.
