Title IX: A Centralized-Decentralized Policy
Title IX is a centralized policy. The definition of sexual harassment, what constitutes gender-based discrimination, and the standards of procedure are all determined by policymakers in Washington D.C. Title IX investigators, the bureaucrats and secondary actors who specialize in the policy’s definitions and standards of procedure, are then legally obligated to enforce the policy.
Title IX is also a decentralized policy. After an investigator has completed an investigation, they come to a final verdict of sorts based on the evidence they have acquired. (Note: If an individual is not found to have committed a Title IX violation, this does NOT mean they are “innocent”; Title IX is evidence-based. Unless there is (nearly) undeniable, substantial proof (a voice or video recording, an email, text message, etc.) that an individual violated the policy, the likely outcome of the case will be that there was not enough evidence to say whether or not a violation definitely happened. This is not the same thing as being found innocent.) After the final report concluding the case has been handed over to the appropriate administrator (a college president or another administrator) at the institution where the complaint was made, this administrator will sign off on the “verdict” -- which includes suggested consequences for the accused or potential possibilities of reform for the institution to ensure future events of the same kind can be avoided. This is where the decentralization comes in to play: should the means of how the “verdict” was reached be especially unclear, the administrator signing off on the case can request more info from the investigator. Students who are unsatisfied with the outcome of a case can also file an appeal, or request to have a different Title IX investigator.
