Introduction
Title X of the Education Amendments Act of 1972 states that “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” (Melnick, 2018, p. 67). The law was enacted to specifically target learning institutions within the country. It has gained a widespread application to include military academies across the country.
This law has also become popular in police academies and other intelligence training institutions as a way of ensuring that all learners have access to various opportunities in the country irrespective of their gender. It was meant to fight discrimination against women in the fields of sports and other co-curriculum activities. The paper seeks to discuss the postmodern approach to Title IX.
Description of the Topic
Title IX was specifically enacted to address the gender gap between men and women. It was a way of empowering the girl-child in these institutions of learning. Cases of rape, which often target young girls and other vulnerable members of the society, have been historically common in the United States. Studies had indicated that institutions of higher learning were becoming hotbeds of sexual predation and the majority of the victims were young girls (Rose, 2018). Such abuses would have lasting negative consequences on the victims, some of whom were forced to become parents at tender ages while others had to procure abortions.
Stakeholders were concerned about the lack of laws that would specifically protect students at these institutions. Given that this was the same period that civil rights movement had major impact on laws and regulations of the country, it became necessary to have laws that would protect learners. Sexual abuse was not something unique to institutions of higher learning. According to Ring and Putens (2015), rape was a common phenomenon in the United States during this period. Even though there were claims that some of the predators targeted young boys, an overwhelming majority of the victims were young girls and women.
The country has laws that spelt out the punishment for perpetrators of such acts, but implementation was always a major challenge (Lieberwitz, 2016). In colleges, the vice became common, with some of the offenders being teachers who are expected to guide and protect learners. Various reports emerged showing the worrying trend where such incidences would occur and victims would get away with it. It became clear that there was a need to have strict policies to protect learners. The society has had a varying opinion about sexual abuse as a common vice in institutions of higher learning. According to Cormier (2017), there are those who believe that the issue if exaggerated in a way that makes it difficult to understand the truth. On the other hand, others feel that the truth about sexual abuse in colleges is understated, and that there are many people who choose to suffer in silence. Individuals who are entrusted with the management of institutions of higher learning often face a dilemma when it comes to addressing the issue.
They often want to ensure that their actions are not misconstrued, and as such, they have to act with caution. Some people feel that this approach cannot help in dealing precisely with the problem. Scholars believe that there is a direct relationship between the perception that people have towards sexual abuse and actions that they take to address the problem (Yung, 2017). For a long time before the enactment of the law, many people did not believe that sexual abuse was a major problem in institutions of higher learning. As such, they did not find a good reason to enact laws that would address it. It was not until the time when public perception towards the problem changed.
It means that the way people perceive an issue directly informs how they respond. Collins (2016) argues that before the enactment of the law, there was a perception that those in positions of power were not doing enough to address the problem. These are some of the main reasons that led to the emergence of Title IX. Scholars believe that there is a direct relationship between the perception that people have towards sexual abuse and actions that they take to address the problem (Yung, 2017). For a long time before the enactment of the law, many people did not believe that sexual abuse was a major problem in institutions of higher learning. As such, they did not find a good reason to enact laws that would address it. It was not until the time when public perception towards the problem changed. It means that the way people perceive an issue directly informs how they respond.
Collins (2016) argues that before the enactment of the law, there was a perception that those in positions of power were not doing enough to address the problem. These are some of the main reasons that led to the emergence of Title IX. As the interpretation of Title IX transformed from that which focused on creating equal opportunities for all learners to fighting against sexual abuse, a section of the society developed the perception that there was unwillingness of some of the institutions of higher learning to implement relevant laws. Sulfaro and Gill (2019) observe that there was a feeling that one of the ways of fighting for equal rights for all learners would involve fighting rape cases. The reality about the implementation of laws about equality was that most of these stakeholders were unsure of the approach they needed to take (Singleton, 2017).
The need to create equal platforms for both male and female learners was not disputed. However, it was not clear to them how they needed to implement it alongside strict laws relating to sexual abuse. According to Melnick (2018), the United States has Sexual Offences Act before the enactment of Title IX. Some stakeholders felt that it was necessary to use this Act to deal with rogue learners and some of the teachers and non-teaching staff who engaged in such undesirable vices. It would mean that once one is suspected of rape, the management of institutions of higher learning would allow law enforcement agencies to take up the case and address it to its conclusion. However, this approach also proved to be less effective. Law enforcement agencies needed a direct support of these institutions to facilitate effective investigation these cases (Sulfaro & Gill, 2019).
It was apparent that the ineffectiveness of the laws existing at that time to fight the vice, especially those that define the cooperation of various agencies in the investigation process, hampered the fight against the vice. It was at this point that the federal government realized that it needed to intervene and find an effective way of addressing the problem. Studies had indicated that institutions of higher learning were either unable or unwilling to embrace strict laws that would protect vulnerable members of the society (Melnick, 2018).
However, these institutions had succeeded in creating an environment where both male and female learners could excel in the fields of academic and co-curriculum activities. The concern was on how to implement some of these laws without being unfair to either the suspect or the victim. Title IX was seen as the piece of legislation that would empower female learners without compromising the position of male students. It was meant to ensure that both men and women are offered opportunity to success academically while at the same time get protected from any forms of abuses.
Relevance and Importance
Title IX has become a controversial issue in many institutions of higher learning across the United States. According to Sulfaro and Gill (2019), when President Richard Nixon signed Title IX into law, the primary goal was to create equal opportunities for both male and female learners. However, the concept has changed, and currently, it is apparent that the goal is to fight sexual abuses. A section of the society feels that the law has evolved from what it was expected to address to one that seeks to punish male learners (Rose, 2018). The perceived transition is affecting institutions of higher learning and individual learners negatively.
Instead of being a law that promotes fairness and equality among all learners, it is viewed as a tool meant to punish men. A section of the society has criticized the evolving nature of Title IX based on how it has been implemented, especially during the administration of President Obama. According to Rose (2018), there has been a feeling that all male students and educators are perceived as sexual offenders. As such, whenever there is an accusation against them, the system treats these male suspects as sexual offenders even if there is no valid proof. The outcome is that Title IX is no longer viewed as a legislation meant to promote growth and development of all learners irrespective of their gender to one that seeks to punish men (Cormier, 2017). The burden of proof has been moved from being the responsibility of the prosecutor to being that of the suspect.
The suspect has to prove that they are innocent. These changes has created a feeling among members of the society that this law needs to be fixed. Many people still believe that Title IX was and still remains a noble idea meant to address major issues in the country’s education system. Since its creating, an increasing number of girls have been able to get into active sports because of the elimination of discriminative policies (Rose, 2018). Female sports personalities such as Serena Williams have become successful because they grew up in an environment where they could engage in co-curriculum activities without having to face restrictive policies at school that limit the ability of girls to engage in sports. However, it is important to appreciate the fact that there are weaknesses that the law has, which would need to be addressed.
The divisive debate about the relevance and importance of Title IX is crippling the ability of institutions of higher learning to implement it effectively. Initially, the law was meant to bring equality and it had a near-unanimous support. However, it is currently viewed as a tool to frustrate boys. Studies have suggested that sometimes rape victims are men (Singleton, 2017). However, the law is designed in a way that puts men as the potential abuser who needs to be restrained. When these institutions implement these laws, they will be seen to be fighting male learners. It is no longer clear whether the law is still serving its intended purpose. A significant portion of the American society believe that it has lost its original goal.
This paper is important because it seeks to address these controversies. It seeks to identify the genesis of the current divergent views towards Title IX. Singleton (2017) admits that protecting a girl child, and to a larger extent every learner, from any form of sexual abuse in an endeavor that is in line with the fundamentals of Title IX as was intended by the authors. The problem that has emerged is the perception that men tend to be the aggressors and as such, should be punished to deter others from engaging in similar acts. This has created a problem where male learners are not offered the same treatment as female colleagues when faced with accusation of sexual abuse. This study will provide recommendations that stakeholders should embrace to help address the emerging issues.
Historical Facts
A detailed evaluation of historical facts about Title IX would help in understanding why it was created and how it has evolved over the years. Gender inequality has been a major problem in the United States. As Collins (2016) observes, at one point in the United States, women and people of color- which formed the majority of the country’s population- were not allowed to vote. It took a long time for the country to appreciate the need for everyone to be granted the ability to vote. Women in the country have also faced numerous injustices because of historical systems and structures that view them as less capable of achieving success in specific fields.
In school, women were expected to avoid specific courses and games that were viewed as masculine (Melnick, 2018). These policies led to the need to have structures that can protect the interest of women. Human rights activists have claimed that sexual abuse has become one of the most important tools used to frustrate women keen on achieving career growth. In some cases, it forces a woman into early parenthood, which affects their ability to progress with their studies (Melnick, 2018).
There is the perception that female students are the victims of sexual violence. However, Tani (2017) believes that the real victims of this vice are both male and vulnerable female students who find themselves in locations where they cannot defend themselves. The problem is that cases that affect male students are rarely reported. Most of the victims find it more demeaning for the society to know that they were sodomized. As such, the prefer to suffer in silence, which explains why report about male victims is significantly low.
As Title IX increasingly focused on sexual abuse as a tool that denies women equal opportunity at school, institutions of higher learning have taken measures to protect the vulnerable population. These institutions developed punitive policies meant to ensure there is zero tolerance to sexual abuse. Perpetrators of such acts are often subject to varying level of punishment depending on the severity of their crime. Tani (2017) explains that there is a worrying trend of sexual abuse at various institutions of higher learning. A trend is emerging where learners, both male and female, are willing to offer sexual favors to their teachers, fellow learners, and other stakeholders for specific benefits (Rose, 2018).
The problem is that when the scandal is revealed, authorities fail to realize that the two parties were wrong and deserve to be punished. Instead, the male culprit is more likely to face punishment even if they contributed equally to the mistake. Various institutions of higher learning have developed strict laws that prohibit all forms of sexual abuses. A report by Rose (2018) shows that sometimes victims of these acts are teachers, some of whom are male. Traditionally, this particular group of people are often considered the perpetrators of sexual crime. The new trend show that there should be an open-minded and very fair approach to dealing with the problem. Stakeholders should not victimize a certain group based on their gender or authority. Instead, there should always be a fair approach to investigation with the aim of fighting the vice, not punishing a section of the society.
The inadequacies and ineffectiveness of the traditional approaches to responding and investigating such abuses can be overcome when there is fair and judicious process of dealing with the issue. Title IX was generally viewed as an Act that was meant to ensure that female learners are not denied opportunity to engage in co-curriculum activities or to pursue careers that were traditionally associated with men. However, it has been broadened, especially during the administration of President Obama, to include the fight against sexual abuse. Currently, it is considered one of the strongest forces against sexual abuse in colleges. Institutions of higher learning risk losing federal financial assistance if they are perceived not to be fighting the vice effectively (Lieberwitz, 2016).
This approach has been received with mixed feelings among different stakeholders. While others feel it will protect women, others feel that it designed to punish a section of the society based on their gender. Indeed Title IX has evolved over the years, from its primary goal of creating an equal learning environment to all students to one that focuses more on the protection of a girl child. Cormier (2017) argues that the evolution of the law, especially in terms of how it is currently interpreted, is counterproductive to the fight against inequality. In its original form, it was easy for all stakeholders to support the initiative because it focused on women empowerment, but not at the expense of men. However, many stakeholders now feel that it is impossible for men, especially male students who are often accused falsely of the crime and subjected to punitive measures without proper investigation, to support the initiative. It has created an antagonistic environment of men versus women.
Postmodern Approach
Ring and Putens (2015) defines postmodernism as “a reaction against the intellectual assumptions and values of the modern period in the history of Western philosophy that emerged in the 20th century” (p. 77). Modern scholars have criticized the current approach to Title IX in institutions of higher learning. The overall assumption that men are always the perpetrators and women victims of sexual abuses is misleading. In a society where women have made a significant progress towards achieving equality, it is important to ensure that everyone is given equal treatment. Before the law, male and female students should receive equal treatment.
In case one is subjected of a crime, they should be given a fair trial. A trend has emerged in the United States where people are questioning the relevance of laws that view women as the weaker sex that need excessive protection. Numerous cases have been reported where victims of domestic abuse or even homicide are men, which goes against traditional beliefs. Lieberwitz (2016) believes that legislations such as Title IX, especially its current feminist interpretation, may create an environment where men become victims of sexual abuses and other vices in the society. In military academies, complaints have emerged about how male and female trainees should relate. The physical nature of the training and close cooperation required makes it difficult to enforce some of the policies.
Postmodernism approach to understanding equality in the society require a critical analysis and understanding of the reality. In this context, Title IX must be interpreted based on the reality. Studies have confirmed that sexual abuse is a reality in the American society, and the majority of the victims are women (Lieberwitz, 2016). However, there is need to look at women empowerment programs from a different angle. A constant belief that women are always targets of sexual predators is misleading, especially in learning institutions. It creates the victim mentality in the minds of those who should be empowered. In some cases it even instills fear as they feel that they may be attacked at any time.
The emergence of the #MeToo movement is a clear demonstration of how emotive the issue can be if it is not addressed in an appropriate way. As Sulfaro and Gill (2019) observe, various female celebrities and a few men came out and explained how they have suffered in the hands of sexual predators. The case of Brett Kavanaugh is a perfect example of how confusing the issue can be. When he was nominated by President Trump to sit in the Supreme Court, a woman came out and claimed that he had touched her inappropriately about two decades ago when they were in college. Although she had the right to tell the country about the alleged abuse, the lack of proof or witness and the time it took her to come out was a major question that make people asked. Such issues are counterproductive to the implementation of Title IX.
A section of the society believe that the federal government is using its power frustrate institutions of higher learning perceived to be less committed towards implementing Title IX in the way that some political elites feel satisfactory. According to Rose (2018), the federal government has threatened to stop funding institutions that do not take adequate actions against individuals accused of sexual molestation. The outcome of this coercion is that some institutions are quick to punish those who are accused of the offense even without conducting thorough investigation. They want to be seen as being effective in implementing the law, and that comes at a cost to the accused, some of whom become the true victims. A section of the society has criticized such actions.
There is an emerging rebellion and rejection of the current interpretation of Title IX and how it should be enforced in institutions of higher learning. Rose (2018) explains that there is need to ensure that this law focuses on empowering women in a way that does not involve punishing men. Indeed the American society does not tolerate any form of sexual abuse. When using Title IX to fight molestation of female students, it should be done in a just way without prejudice. The idea that women are always victims while men are the aggressors should change. Every case should be investigated judiciously and in a way that allows each party room to demonstrate the truth. Above all, this law should be viewed as one that creates opportunity for all learners, irrespective of their gender, to achieve success.
Recommendations
The federal government has played a major role in facilitating effective implementation of Title IX in learning institutions around the country. The threat of withholding the funding has been a powerful tool of ensuring that these institutions do not condone any form of discrimination based on the gender or any other demographic classification. However, it is recommended that the government should enforce the law in a way that does not appear to be coercive. The managements of these institutions should not feel that they have to punish someone just to convince the federal government that they are doing something to please the government.
Instead, a fair process of empowering all learners should be encouraged at these institutions. Institutions of higher learning have a responsibility of ensuring that Title IX is implemented in a way that does not involve victimization of a section of the society. Learners should feel that the system supports them irrespective of their gender or any other demographic classification. They need to understand that they have a responsibility to obey school rules, and that any unlawful act will be fairly punished (Cormier, 2017).
The management of these institutions should create systems that can facilitate fair and effective investigation of acts that discriminate against any student or a group of students. Whenever one is accused of committing a sexual offence, a due process should be initiated to ensure that the truth is unearth and the true culprit is subjected to adequate punishment.
Military academies across the country are also affected by Title IX, and as such, they have to ensure that they abide by its principles. However, the nature of this institution does not allow for activism or populist acts. It means that if cases of abuse emerge, there should be a clear channel of reporting them. The administration should ensure that there are clear systems of addressing such problems in ways that do not tarnish the image of the academy but still ensure that there is justice (Cormier, 2017).
There should be no insubordination when addressing these cases, but at the same time, there should be a genuine effort to protect victims. When conducting investigations, it is necessary to take into consideration the nature of training programs. Students in institutions of higher learning should understand the relevance of Title IX. As Melnick (2018) recommends, these learners should know that this law is meant to provide a leveled playing field for all of them irrespective of their gender. They should not view it as a tool meant to empower girls at the expense of boys. Above all, learners should understand that this law cannot be used to settle scores. It should not be a means of punishing a colleague by making false accusations. The learners should understand the magnitude of making false accusations against their teachers or colleagues. In cases where an abuse has occurred, they need to know how to report such cases to ensure that perpetrators of such criminal acts face the law.
Human rights activists have played a major role in enhancing the implementation of Title IX. As Melnick (2018) observes, they helped in its creation, and it is only normal that they play a major role in its implementation. However, it is recommended that they should understand the negative impact it may have if it fails to take into account interests of all stakeholders. The activists should ensure that they have an accurate interpretation of this law to ensure that it is not used as a tool of one group against the other. Male and female students should feel that they have equal rights and that they are protected in equal measures by the law.
These agencies should help fight the common perception that boys will always be the aggressors while girls are more likely to be victims. There is need to conduct further research on this field to help stakeholders have a proper understanding of the law. One of the recommended areas of further studies is whether this law should be interpreted strictly on the basis of creating equal opportunities to all learners or whether it should be broadened to include cases of sexual abuse. Currently, there is a conflict in the manner in which the federal government has been interpreting it, especially the emphasis on sexual abuses targeting young female learners. Further investigation should also explain how a broadened definition of this law should protect both male and female learners, and all other stakeholders within these learning institutions.
References
Collins, E. R. (2016). The criminalization of title IX. Richmond School of Law, 365(1), 1-33.
Cormier, Z. (2017). Is vulnerability enough? Analyzing the jurisdictional divide on the requirement for post-notice harassment in title ix litigation. Yale Journal of Law and Feminism, 29(1), 1-28.
Lieberwitz, R. L. (2016). The history, uses, and abuses of title IX. Bulletin, 69(1), 1-31.
Melnick, R. S. (2018). The transformation of Title IX: Regulating gender equality in education. Washington, DC: Brookings Institution Press.
Ring, J., & Putens, N. (2015). A game of their own: Voices of contemporary women in baseball. London, UK: University of Nebraska Press.
Rose, D. (2018). Citizens by degree: Higher education policy and the changing gender dynamics of American citizenship. New York, NY: Oxford University Press.
Singleton, T. (2017). Conflicting definitions of sexual assault and consent: The ramifications of title ix male gender discrimination claims against college campuses. Hastings Women’s Law Journal, 28 (155), 1-26.
Sulfaro, V. A., & Gill, R. (2019). Title IX: Help or hindrance? Journal of Women, Politics & Policy, 40(1), 204-227.
Tani, K. M. (2017). An administrative right to be free from sexual violence? Title IX enforcement in historical and institutional perspective. Duke Law Journal, 66(1), 1-14.
Yung, C. R. (2017). Is relying on title IX a mistake? Kansas Law Review, 64(1), 891-913.