Saving Title IX: Designing More Equitable and Efficient Investigation Procedures

Emma Ellman-Golan*

In 2011, the Department of Education’s Office of Civil Rights (OCR) issued guidance on Title IX compliance. This guidance has resulted in the creation of investigative and adjudicatory tribunals at colleges and universities receiving federal funds to hear claims of sexual assault, harassment, and violence. OCR’s enforcement efforts are a laudable response to an epidemic of sexual violence on college campuses, but they have faced criticism from administrators, law professors, and potential members of the Trump Administration. This Note suggests ways to alter current Title IX enforcement mechanisms to placate critics and to maintain OCR enforcement as a bulwark against sexual violence on college campuses.

*J.D., May 2017, University of Michigan Law School. I would like to thank Professor Sam Bagenstos and Rebecca Leitman Veidlinger for their guidance and feedback. I would also like to thank my parents, Sophie, Manfred, and the staff of Volumes 115 and 116 of the Michigan Law Review.

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