"College Courts: Administrative Abuse of Title IX and its Consequences" by Noah Bloomberg
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Mississippi College Law Review

Publication Date

Spring 1-1-2025

Abstract

This article examines the contentious application of Title IX in addressing campus sexual assault, tracing its evolution through recent presidential administrations. Initially designed to combat sex-based discrimination in education, Title IX has been expansively interpreted to regulate university adjudication of sexual violence cases. Policies introduced during the Obama administration mandated quasi-judicial procedures, sparking debates over fairness and due process, while Trump-era reforms shifted focus toward protecting the rights of accused students, prompting criticism from victims' advocates. The article argues that these approaches have overstepped Title IX's intended purpose, burdening universities and creating systemic challenges for survivors and the accused alike. It proposes recalibrating Title IX's role to better address campus sexual assault without undermining its foundational mission or fairness in adjudication processes.

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