125 Yale L. J. 2106 (2015-2016)
Gender Violence Costs: Schools' Financial Obligations under Title IX

handle is hein.journals/ylr125 and id is 2164 raw text is: 















DANA BOLGER


Gender Violence Costs: Schools' Financial Obligations

Under Title IX


ABSTRACT. The last two years have witnessed a surge in attention to   the issue of sexual
assault in higher education. Campus rape has become the subject of new legislation, inspired a
White  House task force, and dominated news headlines. Yet largely neglected in this growing
national conversation is one critical reality: gender-based violence has costs, and these costs
constitute a gender-based barrier to student victims' educational access, one that implicates the
equality mandate at the heart of Title IX.
    This Feature documents the centrality of these financial harms to the educational barriers
women  and other student survivors face, arguing that if one hopes to guarantee gender equity in
education, Title IX must be understood  to allow for recovery of costs attributable to this
discrimination. Yet while the administrative agency tasked with enforcing Title IX has long
recognized schools' obligations to do just that, the agency has struggled in practice to enforce
them.  This  Feature identifies these enforcement  gaps  before concluding  with  several
administrative and congressional proposals for reform.


A UT  H OR.  Executive Director, Know  Your  IX; Amherst  College, 2014. Many  thanks to
Alexandra Brodsky and Alyssa Peterson for their invaluable insight and support, and to Nancy
Cantalupo, Fatima Goss  Graves, Lisalyn Jacobs, and Cari Simon for their expert guidance,
mentorship, and commitment   to leveraging the law for good. I am especially grateful to Adam
Sitze and Martha Umphrey  for first encouraging me to produce scholarship on gender violence,
and to Colby Bruno and Amanda  Walsh  for first introducing me to Title IX. A special thanks to
Liz Deutsch, Dahlia Mignouna, and Mike Clemente for being the most patient of editors, to all
the participants in the Yale Law Journal's Title IX Conversation for their valuable feedback and
contributions, and to the Yale Law journal for trusting young people and survivors to be experts
in their own right. Finally, thank you to the survivors who generously shared their time and
stories for this piece, to those who have spoken up in the hopes of challenging the status quo,
and  to the many more  who have not, recognizing that survival is political and powerful and
transformative in its own right.


2106

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