1. Applying Title IX to Advising Research:
Recommendations for promoting advising gender equity research
2017 NACADA Annual Conference
Saint Louis, MO D

2. Presenters
Doris W. Carroll, Associate Professor, Kansas State University
Wendy G. Troxel, Associate Professor and Director, NACADA Center for Research at Kansas State University
Jennie Hemingway, Associate Faculty and Hearing Officer,
Western Illinois University D

3. Learning Objectives
Recognize how Title IX guidelines apply to advising research
Recognize the ethical and legal obligations of Title IX in research activities
Identify strategies for managing Title IX advising issues
Utilize decision-making model for managing advising research D

4. Title IX
"No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any educational program or activity receiving Federal financial assistance.”
Source. Title IX of the Educational Amendments of 1972 to the 1964 Civil Rights Act J

5. Title IX
A school violates a student’s rights under Title IX regarding student-on-student sexual violence when the following conditions are met:
(1) the alleged conduct is sufficiently serious to limit or deny a student’s ability to participate in or benefit from the school’s educational program, i.e. creates a hostile environment;
(2) the school, upon notice, fails to take prompt and effective steps reasonably calculated to end the sexual violence, eliminate the hostile environment, prevent its recurrence, and, as appropriate, remedy its effects.
See 2001 Guidance at ii-v, J j

6. Laws, Guidance, Courts Federal State Guidance Agreements Courts
Title IX
VAWA
Clery
CA, IL, NY
2001 DCL
2006 DCL
2011 DCL
2014 FAQ
2015 Title IX Coordinators
UVA
New Mexico
unprecedented # of court decisions against higher ed institutions J
Jennie

7. 2017 OCR Changes Rescind DCL 2001 and Q&A 2014 DCL 2001 & 2006 remain
All agreements remain

8. 2017 OCR Changes Interim measures
Shift from a 60-day time limit to no fixed time frame.
Investigations
Standard of Proof
Informal Resolution
Appeals J

9. Responsible Employee Any employee who:
Has a duty to report harassment or other types of misconduct
Has authority to take action to address the harassment
Is someone the student believes has the authority/responsibility J
2001 OCR Guidance

10. Responsible Employee
“The Supreme Court held that a school will only be liable for money damages in a private lawsuit where there is actual notice to a school official with the authority to address the alleged discrimination and take corrective action” (Gebser, 524 U.S. at 290, & Davis, 526 U.S. at 642).
“The concept of a ‘responsible employee’ under our guidance is broader. That is, even if a responsible employee does not have the authority to address the discrimination and take corrective action, he or she does have the obligation to report it to appropriate school officials.”
End note 74, 2001 OCR Guidance J

11. Responsible Employee, cont.
Once a “responsible employee” has either actual or constructive notice of sexual harassment/sexual misconduct, the school must:
Take immediate and appropriate steps to investigate what occurred
Take prompt and effective action to:
Stop the harassment
Remedy the effects
Prevent the recurrence J

12. Issues & Concerns
“Scholars may find their research activities stymied as institutional review board protocols that previously protected the confidentiality of study participants as an ethical obligation are overruled by administrators who interpret such rights as conflicting with Title IX reporting guidelines . . .”
(Jake New, as cited in AAUP, 2016) D

13. Issues & Concerns, cont.
IRB research protocols reinforce confidentiality for research participants.
Yet, state and federal Title IX guidelines can require campus individuals, including researchers, to report any incident of sexual violence, including sexual harassment, sexual assault, unwanted sexual contact, sexual misconduct, domestic violence, relationship abuse, stalking (including cyber-stalking) and dating violence. W

14. Issues & Concerns: Discussion Question
How can faculty and advisors who conduct gender equity and sexual violence research assure confidentiality for their research participants at those institutions that mandate reporting sexual violence incidents, under Title IX guidelines? W
WT – this is the question we’ll consider for a few minutes – NEXT

15. What kind of advising research interests might interface with Title IX Guidelines?
Given what you know or have learned about the scope of the Title IX guidelines, let’s brainstorm a bit. What things are you interested in, or ought to be studied, that may hit the guidelines? THINK-PAIR-SHARE
discussion, then look at a few…

16. What kind of advising research interests might interface with Title IX Guidelines?
The Role of Help-Seeking Attitudes and Tendencies in Students' Preferences for Academic Advising (Alexitch, )
Health Risk Behaviors of Female Student-Athletes and the Relationship to Social Support and Athletic Identity (Ludvigson, 2013)
The relationship between gender and previous knowledge on reported impact of a sexual assault intervention program (Hoppe, 2004) W
What are the issues here?

17. Issues & Concerns: Discussion Question
How can faculty and advisors who conduct gender equity and sexual violence research assure confidentiality for their research participants at those institutions that mandate reporting sexual violence incidents, under Title IX guidelines? W
WT: So…..

18. Strategies for Advising Researchers
Consult IRB research office about Title IX reporting guidelines in research before completing IRB application.
Consult Title IX Coordinator about mandatory Title IX reporting guidelines. Ask how Title IX applies within research activities.
Address Title IX reporting concerns in IRB application. Be clear in describing how you will manage sexual violence issues if they should arise within context of your research. D

19. Strategies for Advising Researchers
Determine whether your institution allows an exception to Title IX reporting in research activities.
Determine if IRB requires you to submit another form, such as Unanticipated events form.
Inform graduate students who are conducting research about institutional policies regarding Title IX reporting, especially in research activities. D
( KSU has unanticipated events form and I can show an exception form from another university)

20. Strategies for Advising Administrators
Create campus-wide professional development activities that examine Title IX advising research issues.
Examine Title IX research policies from other institutions.
Consult NACADA’s Center for Research in Academic Advising at Kansas State University to explore research questions and design options. W

21. Don’t Go This Alone
There are no silly questions with regard to Title IX and its impact on advising research.
Always give yourselves permission to ask questions as you begin your research.
Other suggestions, comments, or questions? D

22. Thank You! D

23. References
Alexitch, L. R. (2002). The role of help-seeking attitudes and tendencies in students’ preferences for academic advising. Journal of College Student Development, 43(1), 5-19.
American Association of University Professionals (AAUP). (2016). The History, Uses, and Abuses of Title IX.
Hoppe, J. C. (2004). The relationship between gender and previous knowledge on reported impact of a sexual assault intervention program (Doctoral dissertation.) Retrieved from ProQuest Dissertations Publishing. ( )
Ludvigson, C. L. Health risk behaviors of female student-athletes and the relationship to social support and athletic identity. Doctoral dissertation.) Retrieved from ProQuest Dissertations Publishing. ( ) D