Inconsistency is the Consistency: The Title IX Reporting Process for Sexual and Gender-Based Misconduct Within Maryland Public Universities

Abstract

Title IX is a primary federal legal approach to address campus sexual and gender-based misconduct, yet few students utilize Title IX reporting as a formal campus support, and those that do frequently report negative experiences. In this study, we interviewed 11 student survivors at four Maryland public universities who engaged with the Title IX reporting and response process. Our aims were to (a) examine how Title IX functions in a state public education system with a robust Title IX policy; (b) describe commonalities and differences in experiences; and (c) use theories of institutional betrayal and support to understand aspects of the process most helpful or harmful for survivors, especially minoritized survivors. Results reflected several common themes, but also an inconsistent Title IX process both within and across institutions beholden to the same Title IX policy, representing potential policy deviations. Further, institutional betrayal was reflected in the experiences of minoritized survivors who described Title IX staff microaggressions and invalidations and survivors who unknowingly disclosed to mandatory reporters. Overall, experiences contributed to a perception of the Title IX office and reporting process as unhelpful and untrustworthy. Results identify the need to reduce inconsistencies in Title IX reporting and response processes to ameliorate process harms.

Power and the perception of pregnancy in the academy

“…I am far from alone in coming to understand that the absolute power over Title IX processes and procedures in higher education has similarly become so inconsistent and capricious as to be harmful to victims (Holland & Cipriano, 2021;Lorenz et al, 2022;Richards et al, 2021). Women from disempowered social groups have been found to be particularly likely to experience deviations from legal guidance surrounding Title IX procedures (Webermann & Holland, 2022). Increasingly, victims of sexual harassment who engage with Title IX offices in higher education report coming away from the process feeling like the purpose of the office is to minimize the potential for any damage to the institution's reputation at the expense of victims (Lorenz et al, 2022).…”

Analyzing the shifting state of college sexual violence compelled disclosure policies: National trends, empirical findings, and implications.

“…Together, these findings suggest that people who consider and center survivors’ wants and needs are less supportive of MR policies that compel disclosures via mandated reports. This is perhaps unsurprising given the growing body of research that finds survivors’ experiences reporting to the Title IX office are frequently confusing, frustrating, and retraumatizing, and rarely result in a positive outcome (e.g., Holland & Cipriano, 2021; Lorenz et al, 2022; Webermann et al, 2023; Webermann & Holland, 2022). Emerging evidence also suggests that mandated reports may be ineffectual at remedying sexual violence incidents and/or supporting victims.…”

“…Most reports of sexual violence do not result in formal Title IX investigation and grievance procedures, and when formal procedures do occur, they rarely result in a finding of “responsibility” and sanctions for perpetrators (Richards, 2019b; Richards et al, 2021). This may perhaps be linked to the fact that a large proportion of all reports to IHE Title IX offices are victims who were brought into the reporting process by a mandatory reporter (e.g., Cipriano et al, 2023; Richards, 2023; Webermann & Holland, 2022).…”