Administrative Law and Title IX
Administrative laws are created and enforced by government agencies on both the federal and state level. The agencies are mainly created to handle matters of public interest and must follow the Constitution, without violating any citizen’s rights. Title IX, when related to Housing and Residential Programs, is enforced through the United States Department of Housing and Urban Development (HUD) and the United States Department of Agriculture (USDA). The HUD was given this duty through Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601-3619). Their job is to “handle cases that report housing discrimination, attempt conciliation of all housing complaints, and determine if there is reasonable cause to …show more content…
One of the Housing and Residential Programs regulations, that is of utmost importance to any campus that provides on-campus housing, is 65 FR. § 52871. This regulation states that colleges are not allowed to have different rules or regulations, fees or requirements, and/or services or benefits in the areas related to student housing; however, they are allowed to have separate lodging facilities for male and female students. If the facilities are separated by sex, the quality and cost of living must be comparable to both sexes. The amount of housing provided must be consistent with the percentage of the sex submitting applications. It is critical that any vendors, agencies, organizations, or people that are providing assistance to developing or permitting students to live in on-campus housing uphold the standards and are not partaking in discriminatory acts. This is inclusive of discrimination based on sex, race, disabilities, or anything else.
Texas Administrative Laws The state of Texas’s administration laws are composed by the Texas Administrative Code (TAC.) The TAC is sixteen titles that are related to a variety of topics, that each have various agencies enforcing the policies and procedures. The Texas Higher Education Coordinating Board (THECB) is responsible for access, cost, quality, success rates, admissions, and any other detail relating to higher …show more content…
The ASU website, angelo.edu, also organizes the information in an easy to understand, thought out method. There is a tab located on the left, Organizational Structure, that breaks down the chain of command that the filed complaint will move through. In the File a Complaint tab, the individual is led informed on who and how to contact the proper channels if they fell they have been discriminated against. ASU also has a policy that any responsible employee must report any form of sexual misconduct on behalf of themselves, students, or other employees. A responsible employee is defined as a majority of the staff and faculty. ASU policies also dictate there must be at least one employee responsible for evaluating the current policies and practices to ensure they are in compliance, organize their efforts to ensure maximum efficiency and effectiveness are put forth when handling sexual discrimination claims (inclusive of sexual harassment), and that every student and employee has an equal opportunity to an education and employment. One of the major downfalls of the website is that there is a focus mainly on the sexual misconduct portion of Title IX. These cases are serious matters, but only a portion of everything that is covered in the
Click here to unlock this and over one million essaysShow More
The most important thing that the bureaucracy does is implement policy. Congress and the President make the policies and laws, but they have someone else (the bureaucracy) to implement them. However, they also make policy by rule-making (process of defining rules or standards that apply uniformly to classes of individuals, events, and activities). Also, according to Jillson (2016), "Congress passes laws that authorize government programs, the bureaucracy then writes specific rules that define how the program will be administered." So, when the bureaucracy makes rules you have to obey them because they have the force of law.
Last summer, I was afforded the opportunity to take a three-day class on Title IX in Intercollegiate Athletics hosted by a former employee of the Office of Civil Rights, Ms. Valerie Bonnette. The class opened my eyes to the basic fundamentals of Title IX, key issues on college campuses and what I could do to make an immediate impact on the campus of Hampton University. The class broke down the understanding of the three prong test and with the recent additions of Women’s Soccer and Men’s Lacrosse. In addition to understanding Title IX’s effects on scholarships, budget, facilities and most importantly female student-athletes.
There are two routes to addressing racial discrimination under the law, the 14th Amendment of the Constitution and Title VII of the Civil Rights Act. These routes both intend to eliminate the threat of racial discrimination, but do so through different means and criteria. The 14th Amendment provides equal protection under the law in order to “prevent official conduct discriminating on the basis of race” (Han, pg. 63), but does not explicitly define discrimination. Claims brought under the 14th amendment apply specifically to public institutions and must include evidence of both malicious intent and the discriminatory effects that resulted partially ‘because of’ this intent (Han, pg. 64). Title VII acts as a supplement to the 14th Amendment by using statutory law to prohibit overt discrimination or business practices with discriminatory effects (Tara, Study Group, 2/13/17).
Though these regulations help prevent sexual assault, they focus mainly on how a reported case is handled. Because of this, current government regulations are not enough to solve the issue at hand. Gray mentions how the White House wants to mandate annual surveys that provide unbiased information about sexual assaults (Gray 27). These surveys will allow the government to accurately determine the number of cases each year, because students complete them anonymously. Even if government regulations help improve the issue, universities still must find ways to prevent sexual assault on
The policies of Title IX is a problem that has been an issue pushed under the rug for years and it needs to be revised. Men’s teams shouldn’t have to be cut, all it takes is changes within the universities and a public voice. Spreading the word about Title IX and the negative effects will open the eyes of politicians, courts, and the universities. If everyone started a trend on social media and put pressure on the colleges, they could make a plan to reverse the negative effects. Challenging and changing the impurities of Title IX won’t make genders’ in athletics unequal, but balanced and ultimately just.
Huntington is an United Brethren affiliated university, and the United Brethren denomination has a stance against homosexuality, stating in their governing documents that state that they “will only recognize marriages between a genetic, biological man and a genetic, biological woman”. As a school following their beliefs, Huntington must also proclaim that this is a truth that they hold to be important, and therefore will not allow same-sex married couples to live in campus housing or to be faculty here. Obviously, this goes drastically against SB1146, which desires the power to prohibit Christian universities, like Huntington, the right to refuse housing to same-sex married
This will effectively ensure that Title IX remains relevant, purposeful, and necessary to the furtherance of equality in mid-level athletics. Accompanying, the Office for Civil Rights of the United States Department of Education developed more of a focus on Intercollegiate Athletics Policy, particularly in relation to all matters Title IX. Stemming from this restructuring, originating in the Office for Civil Rights of the United States Department of Education, Title IX slowly started to become less hotly debated on a Congressional level. This was not, however, without its drawbacks. In 2005, the department acquiesced and adopted a nonbinding policy that created an environment where schools would send interest surveys to students inquiring about their athletic intentions and interests.
Title IX has had a huge effect on public school education. In fact the impact is so great I could not list them all. For the sake of time I will list the biggest one and that is the impact on women’s athletics. In 1971 only 15% of the athletes in college were women. In 2012 that number is 43%.
Schools can no longer legally shut doors to certain courses or training on the basis of sex. The law says girls must be free to pursue career training in courses like aviation, automotive repair, and architectural drafting, while boys can choose to pursue cooking, nursing, and cosmetology. Career training must be by choice and not by gender. School doors are opening to women faculty.
Mink, Representative Edith Green, and Senator Birch Bayh. After Patsy T. Mink’s death, Title IX was renamed the Patsy T. Mink Equal Opportunity in Education Act in her honor. Title IX requires that male and female athletes receive equal opportunities to participate in sports. In the early days of Title IX, the government gave schools three options to demonstrate equal opportunities for women.
The Department of Health, Education, and Welfare issued the initial interpretation of Title IX’s application into intercollegiate athletics. The (HEW), now referred to as Health and Human Services (HHS) faced a decline in 1975 due to institutional compliance issues. These regulations were felt by many universities across the United States and was criticized as “inadequate and vague”. However, Title IX was passed in 1972, the seriousness with certain institutions considered this law while planning their athletic programs has dramatically changed over time with a variety of different court rulings and legislation.
As Birch Bayh once said, “Title IX is simple: don’t discriminate on the basis of sex (Birch).” According to The United States Department of Justice, Title IX is a comprehensive federal law that prohibits discrimination on the basis of sex in any federally funded education program or activity (“Overview”). Prior to the enactment of Title IX in 1972, “Only one in 27 girls played high school sports and there were virtually no college scholarships for female athletes” (“Before”). Forty years later the National Collegiate Athletic Association (NCAA) surveyed the number of college athletes in 2010-2011 and there were 252,946 men and 191,131 women participating in college level sports (NCAA). Title IX has helped women all around the country by creating more athletic opportunities in universities and education systems in general.
Case Name, Citation, Year Cook v. Florida High School Athletic Association (FHSAA), 09-cv-00547 M.D. Fla. (2009) Facts of the Case: On June 16, 2009 parents of female athletes at FHSAA member schools filed suit against the United States District Court for the Middle District of Florida alleging that the newPolicy 6 discriminates against female students according to Title IX by reducing school participation in completions by 40 percent at the varsity level and 20 percent at the sub-varsity level. The plaintiffs also stated a complaint that male driven sports where exempt from this action because cheerleading was not recognized as a sport thus breaking the Title IX law. Issues: Why did Policy 6 reduced the number of competitions
Sexual harassment and sexual assault are very serious issues happening today in the workplace. Women or men have suffered from unsolicited sexual behaviors that are typically provoked by someone “higher” in position. “Sexual harassment especially has been a fixture in the workplace since women began to work outside their homes” (Fitzgerald, 1993). It is solely the responsibility of the employer to ensure that all employees within are aware and are very cautions of laws, misconduct, and liabilities. Employers must enforce the Policy Prohibiting Discrimination and further extend those laws and guidelines to their employees.