Complying with Title IX while Protecting Shared Governance, Academic Freedom, and Due Process: A Model Sexual Misconduct Policy

Abstract:

The promulgation by the US Department of Education’s Office for Civil Rights of new and sometimes confusing Title IX guidance directing college and university efforts to combat sex discrimination in the form of sexual harassment, combined with institutional policy making in the absence of shared governance, has produced campus outcomes that threaten the academic freedom of faculty in teaching, scholarship, and extramural utterances. In cooperation with faculty, better policy can be crafted that will provide necessary protections for due process and tenure, which in turn will help restore a more robust level of academic freedom on campuses where it has been threatened. A model process and model policy demonstrate how to achieve these goals.

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