Title IX Narratives, Intersectionality, and Male-Biased Conceptions of Racism
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Title IX Narratives, Intersectionality, and Male-Biased
Conceptions of Racism
ANTUAN M. JOHNSON*
INTRODUCTION
For decades, men have sexually harassed and sexually assaulted women on college
campuses with impunity. Although Title IX was passed in 1972 to provide sex
equality in education,2 that equality still does not exist. In recent years, campus
sexual assault has been recognized as a national epidemic and a manifestation of sex
inequality.3 The U.S. Department of Education Office for Civil Rights (OCR) has
responded by finally holding universities accountable for violations of Title IX.' Title
IX is a federal law that prohibits discrimination in education based on sex and
requires equal access to educational opportunities.5 Sexual harassment and sexual
assault create a hostile environment that interferes with access to education; there-
fore, universities are legally required to prevent and address such issues.'
OCR has long issued guidance on campus sexual assault.7 Unfortunately, many
colleges and universities ignored this direction until OCR finally decided to enforce
* J.D., Harvard Law School, 2016; B.A., Philosophy, University of Pennsylvania, 2013. I would like to
thank the Georgetown Journal of Law and Modern Critical Race Perspectives for their excellent work
providing substantive suggestions and editorial assistance. For their helpful feedback on earlier drafts, I would
also like to thank Jeff Cao, Alexander Clayborne, Annaleigh Curtis, Anna Joseph, Marium Khawaja, Minjoo
Kim, Alicia Lee, Jacob Loup, Nicolas Sansone, and Alec Webley. Finally, I would like to especially thank
Jonah Mix for his keen insight into the cultural differences argument, which helped me develop that section of
the article. © 2016, Antuan M. Johnson.
1. Studies have consistently shown that around one in four women experience some form of sexual assault
during college. See Michelle J. Anderson, Campus Sexual Assault Adjudication and Resistance to Reform, 125
YALE L.J. 1940, 1969 (2016) (noting studies from various time periods that show a substantial number of
female college students experience actual or attempted sexual assault during their time in college). See, e.g.,
Catharine A. MacKinnon, In Their Hands: Restoring Institutional Liability for Sexual Harassment in Educa-
tion, 125 YALE. L.J. 2040, 2050-51(2016) (providing more statistics surrounding sexual assault on college
campuses).
2. Seeid. at 1970-71.
3. See Diane L. Rosenfeld, Uncomfortable Conversations: Confronting the Reality of Target Rape on Campus,
128 HARV. L. REv. F. 359 (2015); see also CATHARINE A. MACKINNON, WOMEN's LIvES, MEN'S LAWS
240-48 (2005).
4. See Rosenfeld, supra note 3, at 365-66.
5. See 20 U.S.C. § 1681(a) (2012).
6. Rosenfeld, supra note 3, at 361.
7. See, e.g., Anderson, supra note 1, at 1972 (In 1997, for instance, OCR issued guidance on disciplinary
procedures, which required notice, '[a] dequate, reliable and impartial investigation of complaints, including
the opportunity to present witnesses and other evidence,' reasonably prompt time frames, notice of the
outcome to the parties, and an 'assurance that the school will take steps to prevent reoccurrence of any
harassment and to correct its discriminatory effects on the complainant and others, if appropriate.') (quoting
Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third
Parties, 62 Fed. Reg. 12,034 (Mar. 13, 1997)).
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Title IX Narratives, Intersectionality, and Male-Biased Conceptions of Racism
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