Title

"This is Not a Legal Proceeding”: Deconstructing the New Title IX

Abstract

The legalistic framework of Whitman College’s Title IX grievance policy from 2011 to 2016 influences the public’s understanding of Title IX. I argue that the Office for Civil Rights’ push for collegiate adjudication of sexual assault as a result of the 2011 Dear Colleague Letter led to campus policies that speak in legalese but hold none of the authority of the law. The exigency of Title IX grievance policies stems from a failure of the legal system to provide justice for victims of sexual assault. I argue that the legalistic framework in collegiate adjudications (which are not legal proceedings) portrays these proceedings as a fair system that putatively delivers justice. I also argue that meeting the standards of the judicial system will evolve into justice. I utilize feminist deconstruction to demonstrate how required collegiate adjudication of sexual assault functionally decriminalizes rape instead of offering a just means of redress.

Faculty Sponsor

Heather Hayes

Sponsor Department/Programs

Rhetoric Studies

Tracks

Rhetorical Studies: Interventions

Location

Reid G02

Presentation Type

Oral Presentation

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"This is Not a Legal Proceeding”: Deconstructing the New Title IX

Reid G02

The legalistic framework of Whitman College’s Title IX grievance policy from 2011 to 2016 influences the public’s understanding of Title IX. I argue that the Office for Civil Rights’ push for collegiate adjudication of sexual assault as a result of the 2011 Dear Colleague Letter led to campus policies that speak in legalese but hold none of the authority of the law. The exigency of Title IX grievance policies stems from a failure of the legal system to provide justice for victims of sexual assault. I argue that the legalistic framework in collegiate adjudications (which are not legal proceedings) portrays these proceedings as a fair system that putatively delivers justice. I also argue that meeting the standards of the judicial system will evolve into justice. I utilize feminist deconstruction to demonstrate how required collegiate adjudication of sexual assault functionally decriminalizes rape instead of offering a just means of redress.