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Title IX and Education Law: Secondary Authority

Law Reviews and Journals

Kristen Galles, Title IX and the Importance of a Reinvigorated OCR, 37 A.B.A. Hum. Rts. 18 (2010).

This article discusses the importance of strong OCR regulations, and the value of giving OCR the ability to deny funding to schools in non-compliance with Title IX. The article represents the position that OCR are the "teeth" necessary to gain any value from Title IX, as opposed to having an unenforceable law. 

Erica Coray, Victim Protection or Revictimization: Should College Disciplinary Boards Handle Sexual Assault Claims?, 36 B.C.J.L. & Soc. Just 59, 65-66 (2016).

This article discusses the ethical and professional dilemmas in any Title IX hearing, specifically the traumatic effect the hearings can have on victims. The article examines whether the current process, operating as a pseudo-trial at the final stage, is appropriate for victims who are perhaps unequipped to handle their own claims. 

Susan Hanley Duncan, The Devil is in the Details: Will the Campus Save Act Provide More or Less Protection to Victims of Campus Assaults?, 40 J.C. & U.L. 443, 455-66 (2014). 

This article discusses the arguments against passage of the SaVE Act, and the challenges the Act presents to universities. It discusses the full range of punishments available to students found to be in violation of Title IX, from informal warnings all the way to expulsion. The article points out that hearing boards often use their discretion to be very lenient to students accused of harassing or assaulting other students.