It may seem almost incomprehensible in 2021, but there was a time in the not-so-distant past when discrimination in education programs and activities in institutions receiving federal financial support was legally permitted. That meant gender-based discrimination, for example, preventing women from being accepted in science, technology, engineering and math (STEM) programs was legal.
It also meant women’s athletic programs could legally receive less funding than men’s programs, even in the same sport. And pregnant women could be denied scholarships or admission to academic programs.
That all changed with the passage of Title IX of the Education Amendments of 1972. Title IX banned all forms of gender-based discrimination and even prohibited retaliation against anyone filing a complaint alleging discrimination in academic or employment opportunities.
On its face, Title IX was a game changer.
Title IX Has Made a Difference, But …
However, while Title IX compelled major changes and improved conditions on campuses for women, the discrimination that led to its creation remains to a degree.
In fact, the number of Title IX complaints increased ten-fold from 2010 to 2020. At the same time, Title IX complaint have addressed more subtle, complex issues, which take longer to be investigated and resolved by the U.S. Department of Education’s Office for Civil Rights (OCR). In fact, Title IX related complaints take three times longer – typically 60 days or more – to resolve than they did in the recent past due to the increased number of complaints.
That’s because a Title IX complaint is filed with the school and the Department of Education’s Office of Civil Rights. The complaint is then investigated and eventually goes before a Hearing Officer selected by the university. The process looks much like a court case, with statements take from witnesses, witness testimony, cross examination, etc.
Needless to say, the process can be adversarial and stressful, especially for the plaintiff/complainant.
A New Option for Title IX Complaint Resolution
While Title IX and a number of its provisions have been changed or updated over the nearly 50 years of its existence, only recently was the complaint resolution or hearing process updated.
That change no allows for informal complaint resolutions options, including mediation. This option – which may be offered by the university – offers the university and the complainant to meet with a professional mediator to work together toward a resolution of the dispute.
Once a formal Title IX complaint has been filed, both parties must formally agree to the mediation and mediators must be trained professional mediators. Either party may withdraw from the mediation process at any time.
The Advantage of Mediation
The traditional, formal Title IX complaint filing, hearing and resolution process can be extremely adversarial and stressful. Many complainants who have filed Title IX complaints have found the process to be stressful, the last thing a student wants, especially a student who has faced discrimination.
Mediation takes the opposite approach. In mediation, both parties work together to resolve the dispute and to reach a mutually agreeable resolution to the issue at hand.
It’s important to understand and fully appreciate that foundational difference. Working together on a problem is much less stressful than a “fight to the death” with a hearing, witnesses, evidence, etc.
In addition, once a mediation is complete and a resolution has been reached, the student is more likely to stay at the university, rather than sever all ties with the institution, which is very often the case after the completion of a Title IX formal hearing process.
The Keys to a Successful Title IX Mediation
Almost without question, emotions can run high in a Title IX case. Gender discrimination, sexual harassment, denial of equity and other Title IX allegations can be extremely stressful for the victim, while the university’s leadership may feel gravely insulted by the same allegations.
But a skilled, experienced mediator understands this issue and has the training in de-escalation necessary to “calm the waters” and make it possible for both sides to work together to reach a successful resolution of the complaint.
Certainly, the mediator’s skill set goes well beyond knowledge of the law; a successful mediator is effectively part psychologist or counselor and is capable of seeing issues from all angles. Experience matters and training is essential.
Consider All of Your Options
If you (or a loved one) feel you may be the victim of a Title IX violation, it’s important to consider all of your options, and mediation may be an excellent option. Knowledge is power. Kim Kirn is an experienced, highly-trained mediator with a track record of success and a thorough knowledge of mediation processes. Find out more by contacting Kim Kirn Law today.