NotesFAQContact Us
Collection
Advanced
Search Tips
Back to results
ERIC Number: ED576286
Record Type: Non-Journal
Publication Date: 2017
Pages: 173
Abstractor: As Provided
ISBN: 978-1-3696-8987-7
ISSN: EISSN-
EISSN: N/A
Understanding Noncompliance: A Qualitative Content Analysis of Title IX Sexual Misconduct Violations Using the Office for Civil Rights Investigative Findings
Schaffer, Lenore
ProQuest LLC, Ph.D. Dissertation, The University of Southern Mississippi
On April 4, 2011, the U.S. Department of Education's Office for Civil Rights (OCR) released a Dear Colleague Letter (DCL) reminding higher education institutions (HEIs) of their obligations under Title IX to respond to complaints of sexual misconduct. The 2011 DCL was meant to be a guidance document to assist HEIs in complying with Title IX, but many higher education administrators expressed frustrations concerning some of OCR's requirements. Since releasing the 2011 DCL, OCR has opened more than 200 Title IX investigations at HEIs across the nation. When OCR concludes that a HEI has failed to comply with Title IX, OCR prepares a Letter of Findings (LOFs). This letter outlines OCR's investigative approach and explains the reason behind their determination of Title IX noncompliance. This qualitative study examined OCR's construction of Title IX noncompliance concerning how HEIs responded to sexual misconduct complaints. This study explored the following research questions 1) What discernable trends of Title IX noncompliance are identified in OCR's published LOFs since the issuing of the 2011 Dear Colleague Letter? 2) How does OCR respond to HEIs regarding how sexual misconduct complaints are handled under Title IX? and 3) How does the information found in letters of findings (LOFs) between April 2011 and September 2016 overlap with or add to previous guidance documents provided by OCR? Analyzing LOFs using a social constructionist framework resulted in 9 themes and ancillary findings. Findings demonstrated OCR's emphasis on social context, identifying trends, and victims. HEIs generally implemented Title IX guidelines but failed to comply because OCR determined that they did not do enough for victims and the broader campus community. During complaint investigations, OCR is engaging in a comprehensive review of HEIs policies and practices unaffiliated with the original complaint. Lastly, findings also revealed that Title IX noncompliance is a social construct, as OCR's determination of noncompliance varies. Implications for HEIs and future research are discussed. [The dissertation citations contained here are published with the permission of ProQuest LLC. Further reproduction is prohibited without permission. Copies of dissertations may be obtained by Telephone (800) 1-800-521-0600. Web page: http://www.proquest.com/en-US/products/dissertations/individuals.shtml.]
ProQuest LLC. 789 East Eisenhower Parkway, P.O. Box 1346, Ann Arbor, MI 48106. Tel: 800-521-0600; Web site: http://www.proquest.com/en-US/products/dissertations/individuals.shtml
Publication Type: Dissertations/Theses - Doctoral Dissertations
Education Level: Higher Education
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Higher Education Act Title IX
Grant or Contract Numbers: N/A