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HOW THE CHANGES IN TITLE IX GUIDANCE SHAPE HIGHER EDUCATION INSTITUTIONS’ LIABILITY IN FEDERAL COURT CASES, 2000–2022: A CONTENT ANALYSIS

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Date Issued:
2024
Abstract/Description:
In this qualitative study, 21 Title IX federal court cases between 2000–2022 were examined. The purpose of this analysis was to explore how the changes in Title IX guidance across President George W. Bush (R), President Barack Obama (D), and President Donald Trump (R) administrations have impacted higher education institutional liability lawsuits. Guided by content analysis and the power-conscious framework, three research questions were asked: (1) How have the Title IX policy changes under the Bush, Obama, and Trump U.S. presidential administrations impacted higher education institutional liability lawsuits? (2) What specific Title IX requirements within the Bush, Obama, and Trump U.S. presidential administrations are higher education institutions being held liable for violating? (3) How effective is the Title IX guidance under the Bush, Obama, and Trump U.S. presidential administrations at reducing institutional liability? Four themes emerged from this study: (1) Increase in Title IX lawsuits, (2) Violation of Presidential Guidance Does Not Mean Violation of Title IX, (3) Previous Court Cases, (4) Guidance with More Legal Protocol Can Reduce Title IX Liability. This content analysis concluded that higher education institutions should incorporate legal standards into their Title IX process and work to be compliant with federal law and the guidance provided by the Department of Education. Furthermore, this study demonstrates the different types and forms of power that change over a period of time. Based upon these conclusions, recommendations were made for higher education institutions and the U.S. Department of Education to create policies that would be fair and equitable to the involved parties while also reducing institutional liability.
Title: HOW THE CHANGES IN TITLE IX GUIDANCE SHAPE HIGHER EDUCATION INSTITUTIONS’ LIABILITY IN FEDERAL COURT CASES, 2000–2022: A CONTENT ANALYSIS.
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Name(s): Miller, Allyson , author
Salinas Jr., Cristobal , Thesis advisor
Warshaw, Jarrett , Thesis advisor
Florida Atlantic University, Degree grantor
Department of Educational Leadership and Research Methodology
College of Education
Type of Resource: text
Genre: Electronic Thesis Or Dissertation
Date Created: 2024
Date Issued: 2024
Publisher: Florida Atlantic University
Place of Publication: Boca Raton, Fla.
Physical Form: application/pdf
Extent: 162 P.
Language(s): English
Abstract/Description: In this qualitative study, 21 Title IX federal court cases between 2000–2022 were examined. The purpose of this analysis was to explore how the changes in Title IX guidance across President George W. Bush (R), President Barack Obama (D), and President Donald Trump (R) administrations have impacted higher education institutional liability lawsuits. Guided by content analysis and the power-conscious framework, three research questions were asked: (1) How have the Title IX policy changes under the Bush, Obama, and Trump U.S. presidential administrations impacted higher education institutional liability lawsuits? (2) What specific Title IX requirements within the Bush, Obama, and Trump U.S. presidential administrations are higher education institutions being held liable for violating? (3) How effective is the Title IX guidance under the Bush, Obama, and Trump U.S. presidential administrations at reducing institutional liability? Four themes emerged from this study: (1) Increase in Title IX lawsuits, (2) Violation of Presidential Guidance Does Not Mean Violation of Title IX, (3) Previous Court Cases, (4) Guidance with More Legal Protocol Can Reduce Title IX Liability. This content analysis concluded that higher education institutions should incorporate legal standards into their Title IX process and work to be compliant with federal law and the guidance provided by the Department of Education. Furthermore, this study demonstrates the different types and forms of power that change over a period of time. Based upon these conclusions, recommendations were made for higher education institutions and the U.S. Department of Education to create policies that would be fair and equitable to the involved parties while also reducing institutional liability.
Identifier: FA00014401 (IID)
Degree granted: Dissertation (PhD)--Florida Atlantic University, 2024.
Collection: FAU Electronic Theses and Dissertations Collection
Note(s): Includes bibliography.
Subject(s): Education, Higher--Law and legislation
Educational leadership
Liability (Law)
Sexual harassment
Persistent Link to This Record: http://purl.flvc.org/fau/fd/FA00014401
Use and Reproduction: Copyright © is held by the author with permission granted to Florida Atlantic University to digitize, archive and distribute this item for non-profit research and educational purposes. Any reuse of this item in excess of fair use or other copyright exemptions requires permission of the copyright holder.
Use and Reproduction: http://rightsstatements.org/vocab/InC/1.0/
Host Institution: FAU