Are Institutions of Higher Education Failing to Protect Students: An Analysis of Title IX's Sexual Violence Protections and College Athletics
![handle is hein.journals/mqslr26 and id is 577 raw text is:
ARE INSTITUTIONS OF HIGHER
EDUCATION FAILING TO PROTECT
STUDENTS?: AN ANALYSIS OF TITLE IX'S
SEXUAL VIOLENCE PROTECTIONS AND
COLLEGE ATHLETICS
ANITA M. MOORMAN* & BARBARA OSBORNE**
I. INTRODUCTION
On April 4, 2011, the Department of Education (DOE or Department)
issued a Dear Colleague Letter reminding educational institutions of their duty
under Title IX to respond promptly and effectively to peer-to-peer sexual
harassment and sexual violence on their campuses.' Despite the 2011 Dear
Colleague Letter, sexual assault on campuses continued at an alarming rate,
investigatory practices were considered inconsistent or ineffective, and
remedies and punishments were often seen as inadequate.2 Led by Senator
Claire McCaskill (D. Mo), the United States Senate hosted three congressional
forums focused on sexual assault on college campuses. Senator McCaskill's
subcommittee produced a 120-page report, unflinchingly entitled Sexual
Violence on Campus: How Too Many Institutions of Higher Education Are
* Anita M. Moorman is a Professor in Sport Administration at the University of Louisville, where
she teaches sport law and legal aspects of sport. She has a law degree from Southern Methodist
University, an M.S. degree in sport management from the University of Oklahoma and a B.S. in polit-
ical science from Oklahoma State University.
** Barbara Osborne holds a joint appointment as an Associate Professor in Exercise and Sport
Science and in the School of Law at the University of North Carolina at Chapel Hill. Prior to her
appointment at UNC, Barbara worked for fourteen years as an athletics administrator in intercollegiate
athletics.
1. Russlynn Ali, Assistant Secretary for Civil Rights, Dear Colleague Letter, OFF. FOR C.R., U.S.
DEP'T EDUC. (Apr. 4, 2011), http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201104.pdf
[hereinafter Dear Colleague Letter (2011)]; see also DEP'T EDUC. OFFICE FOR CIVIL RIGHTS, DEAR
COLLEAGUE LETTER: SEXUAL VIOLENCE BACKGROUND, SUMMARY, AND FAST FACTS (2011),
http://www2.ed.gov/aboutloffices/list/ocr/docs/dcl-factsheet-201104.pdf.
2. Kristen Lombardi, Flurry ofNew Legislation Targets Sexual Assault on Campus, CTR. FOR PUB.
INTEGRITY, http://www.publicintegrity.org/2014/07/30/15185/flurry-new-legislation-targets-sexual-
assault-campus (last updated Aug. 1, 2014).](ViewImageLocal?handle=hein.journals/mqslr26&div=32&collection=&method=preview&ext=.png&size=3)
What Is HeinOnline?
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most