Title IX · Episode 9 of 10 · 37 min
How Title IX Became the Law on Campus Sexual Assault
Title IX's words say nothing about harassment or assault, yet over five decades it became the main legal tool for how schools confront campus sexual violence. A feminist legal theory, Supreme Court rulings and guidance that swung with each administration built that meaning, leaving tension between protecting survivors and ensuring fair process for the accused.
Who's who
- Catharine MacKinnon+1 more episodeLegal scholar who argued sexual harassment is sex discrimination
- Geraldine CannonPlaintiff whose case established that individuals may sue under Title IX
- Christine FranklinGeorgia student whose case established money damages under Title IX
- Russlynn AliAssistant Secretary for Civil Rights who authored the 2011 Dear Colleague letter
- Betsy DeVosEducation Secretary who rescinded the 2011 guidance and issued 2020 rules
Where it happens
- Yale University, Connecticut+1 more episodeSite of Alexander v. Yale, the first student harassment case
Timeline
- May 14, 1979Cannon v. University of Chicago: individuals may sue privately under Title IX
- February 26, 1992Franklin v. Gwinnett County: money damages available for intentional violations
- 1999Davis v. Monroe County extends school liability to student-on-student harassment
- April 4, 2011The Dear Colleague letter directs schools to use a preponderance of the evidence
- May 2020DeVos issues binding rules adding live hearings and cross-examination
- January 9, 2025A Kentucky federal court vacates the 2024 rules nationwide; the 2020 rules return
Still debated
Observers disagree on whether campus tribunals can be fair to both sides, on the right evidence standard, and on whether live cross-examination helps or suppresses reporting. How far Title IX's meaning of sex reaches is unresolved.
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