Title Ix and Sexual Harassment: A Law and Policy Review

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As Hayut v. State University of New York, 352 F. 3d 733, 738 (U.S. App. 2003) shows, it is key for universities and colleges to offer appropriate resources and timely responses to Title IX accusations. In Hayut, a student at SUNY New Paltz, Inabal Hayut, claimed that a professor at the institution had continuously sexually harassed her throughout the semester in class. When Hayut filed a complaint with the University’s Dean of Students, he asked her to submit a formal written complaint as well as contact the professor’s supervisor and share her claim. Before the claim was adjudicated, the professor retired from the institution. One year after the initial formal complaint was submitted, Hayut filed a suit against the professor and SUNY New Paltz. The courts did agree that Young had sexually harassed Hayut, but did not hold SUNY New Paltz responsible for any misconduct or negligence.

Hayut sets the stage for what is expected for colleges and universities when it comes to Title IX claims. As the ruling shows, the university in a reasonable manner by offering the opportunity for the accuser to not only speak with an administrator, but to also file the formal complaint. Additionally, the administration’s timely response to the claim by reviewing the complaint and addressing the professor helped to confront the situation appropriately. Finally, and from a legal standpoint most importantly, the institution complied with all procedural regulations and laws set forth by not only the institution, but also with applicable laws.

Williams and Hayut, however, exhibit responses that are near the middle ground when it comes to institutional actions. The reality is that these types of responses are not always present. As shown in McGrath v. Dominican College, 2009 WL 4249122 (S.D.N.Y. Nov. 25, 2009), institutions do not always act swiftly—or at all. Megan Wright, a student at Dominican College of Blauvelt in New York claimed that she was gang raped on the college’s campus. After the college failed to address appropriately address the claim, Wright committed suicide. After a failed request from the college to dismiss the case, the resulting case found that administrators and Dominican College failed to practice adequate responses to the allegations. Additionally, the institution showed deliberate indifference by seeking investigation from an investigator who was also employed at the institution.

It is clear that in the McGrath case, there is a clear ignorance of federal and institutional policy in favor of sweeping a claim under the rug. Although the final court rulings shed light on the challenges facing judicial review of Title IX sexual harassment cases, the impact of said cases goes far beyond the courtroom.

The Impact

In reviewing the relevant cases, the importance of proper review of legislation is highlighted. Although the federal understanding of Title IX has assisted in creating an equal opportunity learning environment, there is still room for progress. While states can simply comply with federal laws, there is much more that can be done at the state level. For example, something as simple as three words can help to achieve a better higher education environment. In looking at consenting to sexual activity, shifting from “no means no” to an affirmative consent stance of “yes means yes” can help to remove the gray area which exists in the current landscape. For some state governments, this shift has already occurred. As the AASCU (2015) shares, “California, Maine and New York have instituted affirmative consent policies [and] legislators in Indiana, New Hampshire and New Jersey have expressed interest in adopting similar measures” (p. 3). With the needles moving toward affirmative consent, states that adapt such policies will continue to set their institutions of higher education up for a safer and more fruitful learning experience.

It is important to note that the impact of these cases spans far beyond that of federal legislation or state laws. Instead, the reality is that these cases and the associated rulings are shaping the way that colleges and universities proactively approach the topic of sexual harassment on their campuses. Williams and McGrath illustrate the importance of institutions taking control of their own judicial measures, empowering victims, and follow the guidelines set out by Title IX. Furthermore, Hayut shows the effective nature of institutions complying with laws and regulations.

However, simply complying with law does not necessarily mean the best learning environment is achieved. Just as the aforementioned states have passed laws to go above and beyond the required laws when looking at affirmative consent, it is up to institutions of higher education—both private and public—to take matters into their own hands. Administrators with the power to affect change can—and should—fully educate themselves on best practices, and work to review current policies with key stakeholders on campus. If funding causes an inability to attend conferences and/or workshops, something along the lines of creating a Title IX committee to work hand-in-hand with the Title IX coordinator and judicial affairs can help to bring more effective practices and policies to the surface. What cannot occur is an ignorance of the recent cases and legislation in order to save funds or to stick with the normal. Instead, these cases must serve as an impactful reminder of the importance of a continuous review of both federal and state laws along with institutional policies.

Conclusion

Title IX and sexual harassment legislation continues to impact approaches at institutions of higher education. With national and state laws working to guarantee an opportunity for all students to have a positive and equitable educational experience, the power lies within colleges and universities to further the impact of Title IX. It is one thing for institutions of higher education to understand the federal and state laws governing Title IX, but it is another for administrators to feel empowered and take control over the campus climate. With forward-thinking leadership and a careful reading (and understanding) of case outcomes in both state and federal courts, the potential for meaningful influence over institutional policy exists. By capitalizing on these opportunities, individual colleges and universities will begin seeing a domino effect that may change the landscape of higher education nationwide.

References

American Association of State Colleges and Universities. (2015). Top 10 Higher Education State Policy Issues for 2015. AASCU State Relations and Policy Analysis Team.

Hayut