Title IX and Retaliation: The Impact of Jackson v. Birmingham Board of Education on Higher Education

In 2005, the United States Supreme Court rendered a closely divided opinion that extends the protections against discrimination provided by Title IX of the Education Amendments of 1972 to include a private cause of action for retaliation in Jackson v. Birmingham Board of Education. Therefore, “whistleblowers,” or employees who report allegedly discriminatory practices, can file suit against employers who retaliate against them on the basis of their complaints under the auspices of Title IX, which prohibits discrimination “on the basis of sex” by recipients of federal education funds. Unlike other federal anti-discrimination laws such as Title VII of the Civil Rights Act of 1964, retaliation is not expressly mentioned within the text of Title IX, and the Supreme Court reasoned that the broad language of the statute encompasses implied protections against retaliation, regardless of the gender of the employee who alleges retaliatory action. As a result of Jackson, the first generation of litigation against colleges and universities under this expanded standard has begun to navigate the federal courts. This article analyzes the Supreme Court’s opinion in Jackson and the related cases representing the first application of the retaliation standard articulated therein to colleges and universities. The article concludes with suggestions for insulation from liability associated with alleged retaliation claims against administrators and educational institutions.     

Title IX and Retaliation: The Impact of Jackson v. Birmingham Board of Education on Higher Education

In 2005, the United States Supreme Court rendered a closely divided opinion that extends the protections against discrimination provided by Title IX of the Education Amendments of 1972 to include a private cause of action for retaliation in Jackson v. Birmingham Board of Education. Therefore, “whistleblowers,” or employees who report allegedly discriminatory practices, can file suit against employers who retaliate against them on the basis of their complaints under the auspices of Title IX, which prohibits discrimination “on the basis of sex” by recipients of federal education funds. Unlike other federal anti-discrimination laws such as Title VII of the Civil Rights Act of 1964, retaliation is not expressly mentioned within the text of Title IX, and the Supreme Court reasoned that the broad language of the statute encompasses implied protections against retaliation, regardless of the gender of the employee who alleges retaliatory action. As a result of Jackson, the first generation of litigation against colleges and universities under this expanded standard has begun to navigate the federal courts. This article analyzes the Supreme Court’s opinion in Jackson and the related cases representing the first application of the retaliation standard articulated therein to colleges and universities. The article concludes with suggestions for insulation from liability associated with alleged retaliation claims against administrators and educational institutions.     

Physical Education: Stronghold of Sex Role Stereotyping

Physical education has been a stronghold of sex role stereotyping in this country from its roots to the present. Assumptions about sex differences have led to differential program philosophy, structure, and content. Title IX of the Education Amendments of 1972 was intended to provide equal opportunities for males and females to develop skills in the full range of activities. The implementation of Title IX, however, has not yet satisfactorily addressed the underlying stereotypes which still perpetuate disparate treatment and opportunities. Professional preparation programs must provide direct attention to the potential sources of sex role stereotyping within program design and to the ways to prevent their perpetuation.     

Globalisation and its Consequences for Scholarship in Philosophy of Education

A manifestation of globalisation as an economic imperative has occurred at the national level in Australia.This manifestation is in the form of political policies, administrative practices and funding distribution ostensibly aimed at creating a more competitive national economy.Philosophy of Education, as a practice and product of some employees in the higher education industry in Australia, is being influenced by this manifestation of globalisation.Reflection on ways in which established concepts are being reshaped to suit the agenda of globalising political policies may assist those engaged in philosophising about education to enhance their practice in ways they desire.It is argued here that such reflection should lead many academics in Australian universities to the conclusion that they should not undertake research and that research should not be part of the job specification for most academics employed in Australian universities.
The argument in this paper is based on a set of epistemological assumptions about the nature of academic practices or traditions (cf.Toulmin, 1972).Philosophy of Education is one such academic tradition or practice.A university may be conceived of as a community of academics engaged in a range of traditions or practices.A university may also be conceived of as a quasi-governmental administrative entity employing workers to value-add to customers intending to maximise personal economic rewards from future engagement in a more competitive national economy.     

Any press is good press? The unanticipated effects of Title IX investigations on university outcomes

Since 2011, when the landmark “Dear Colleague” letter declared that the Department of Education (DoE) would use equal-access requirements of federal law to remediate sexual assault on college campuses, 458 investigations have been opened. This letter was withdrawn in 2017 and it remains uncertain how the DoE will handle the issue in the future. We examine the effects of the investigations arising from the 2011 policy change on university outcomes. We find that applications and enrollment increase in response to Title IX investigations, for both males and females. We find little evidence of effects on degree completion or donations.     

Title I Can Help Give a Voice of Hope to All Children

Speaking about Title I shortly before he died in July 1996, former Secretary of Education Ted Bell said, [It] is the heart and soul of national policy in elementary and secondary education in this nation. Right now, Title I can truly help drive reform .... But always remember, Title I was created because of poverty. It must often speak for those children who—by themselves—have no voices. (personal communication) In a similar vein, Secretary of Education Richard Riley has spoken of the "new" Title I as a vehicle to assist "the children for whom we have cast a tyranny of low expectations" (personal communication). As the "new" Title I enters its 2nd year of operation, the words of both secretaries serve as a reminder to those of us who administer Title I of the need to reach out aggressively to the "children who have no voices" and recognize that the circumstances of these children vary widely.     

Meeting High Standards: The Challenge of Ensuring That Homeless Children Are Part of the All

The Improving America's Schools Act (IASA), particularly Title I, has changed dramatically since the original Elementary and Secondary Education Act of 1965. The new Title I policy ambitiously states: The Congress declares it to be the policy of the United States that a high-quality education for all individuals and a fair and equal opportunity to obtain that education are a societal good, are a moral imperative, and improve the life of every individual, because the quality of our individual lives ultimately depends on the quality of the lives of others. (IASA, 1994).     

免费师范生政策制定与执行的公共政策学角度分析

公共政策的制定与执行是一个体现目的和价值的过程。通过从公共政策学的角度分析免费师范生政策的制定、执行过程,得出：在确定议程上政治领导人起了关键作用;政策规划者主要是行政部门、政策分析家,六所师范大学;政策规划符合公共政策规划的原则、程序,最终政策方案抉择是依靠行政命令;政策执行主体注重政策的操作化,建立了相应的组织负责政策执行,但政策宣传力不够,执行中免费师范生的生活补贴偏少;在部属师范大学实行免费师范生政策没有进行过提前政策实验,政策执行以行政手段为主。     

Japan’s Ministry of Education “becoming the Right”: neo‐liberal restructuring and the Ministry’s struggles for political legitimacy

This article first examines the controversial revision of the Fundamental Law of Education (FLE) by situating it in the larger global context of neo‐liberal and neo‐conservative state‐restructuring and education reform. It then focuses on the domestic politics behind what seems to be the global convergence of education policy along neo‐liberal and neo‐conservative lines. Focusing on the political agency of the Ministry of Education (MOE) and tracing its shifting political interests in regards to the FLE amendment, the article illuminates the MOE’s strategic move to “become the Right” to secure its political legitimacy in the relentless neo‐liberal pressures for fiscal and administrative decentralisation.     

The evolution of Education Studies in higher education in England

In this article we examine the recent development of Education Studies as an undergraduate subject of study in England. The evolution of Education Studies is inextricably linked to the political context which it exists to critique. Changes within teacher education have spawned education studies in a number of guises. It is only latterly that policy changes have created the conditions for Education Studies to thrive as a subject in its own right. The genesis of the subject is traced through a brief historical analysis and its current various manifestations are outlined. The nature of Education Studies is discussed. Fundamentally, the authors contend that Education Studies provides a set of analytical discourses that facilitate critique of shifting knowledge bases, policy contexts and socio-economic developments as they impact upon education.     

“The Equitable Powers of the Judge”: The Conflict Between No Child Left Behind and Court-Ordered Desegregation in Richmond County,Georgia

This article consists of a case study and policy analysis of a conflict between two federal mandates that arose during the initial implementation of the No Child Left Behind Act in 2002 in a southern school system, Richmond County, Georgia. The first part of the article documents the conflict, drawing on primary source documents and interviews with the school superintendent and school board attorney. A U.S. District court judge ruled that the 1972 court order that had mandated county-wide school desegregation was in conflict with No Child Left Behind's public school transfer policy and granted the county a one-year delay so that the school system could study the policy's likely effects. The U.S. Department of Education's response to the judge's ruling instigated a situation that led to a federal-local political disagreement, whose origins and resolution are described. In the article's second section, the author places these events into broader historical perspective, arguing that they reveal how federal policy in elementary and secondary education has shifted during the intervening decades since the Elementary and Secondary Education Act's enactment in 1965. The case highlights the changing federal-district relationship, the equitable implementation of the No Child Left Behind public school choice provision, and the nature of federal authority in education policy, and how it is currently being exercised by the Bush administration.     

Title I: The Evolving Research Base

For the past 35 years, Title I of the Elementary and Secondary Education Act has been the largest and most important federal resource for reforming high-poverty schools. Drawing on recent research, this article documents what we know about Title I's overall effectiveness and discusses how it may become a more effective intervention. The author concludes by making 3 policy recommendations for fostering better research and better programs: implement a rigorous and uniform national accountability system; support continued research and development of replicable programs and methods for improving schooling for disadvantaged children; and encourage large-scale randomized experiments of promising programs and practices.     

Pacific elementary school teachers and language policy critique: Context, text and consequences

This article explores the issue of language policy analysis for elementary school teachers in the Oceania region, that is Polynesian nations in the southern and eastern, Melanesian nations in the western and Micronesian nations in the northern parts of the Pacific Ocean region. It is grounded in an understanding that education policy work of any kind is contested and political but nevertheless an exercise that elementary school teachers need to engage in. The ideas examined in the article are timely given recent ‘re-thinking’ language policy work across the region initiated in early 2005 by the Institute of Education at the University of the South Pacific and the Pacific Regional Initiatives for the Delivery of [basic] Education (PRIDE), in Fiji. This article draws on a template for education policy analysis that enables teachers in particular to ask critical key questions around language policy context, text and consequences (Taylor et al., 1997). These questions offer teachers a language for examining language and language policy issues that concern them in their everyday work and thus a possible way of accessing and contributing to debates from which they are often excluded.     

Bathrooms without Borders: Transgender Students Argue Separate is not Equal

Title IX guidelines governing equal access to collide with state legislation around gender identity and multiple use bathrooms and changing facilities. This policy review of literature argues for a stronger voice from Washington, protecting the rights of all students to feel safe using private spaces at school. The many court rulings offer a fair perspective upon which to act. State laws are inconsistent and at times challenge the Constitutional limits on individual rights.     

Comparing HE policies in Europe

The purpose of this paper is to develop a conceptual framework for a comparative analysis of Higher Education policies that enables us to investigate the explanatory power of structural characteristics of politico-administrative systems. The policies that are studied aim at improving the efficiency and quality of institutional performance. The paper focuses on policy trends in higher education in the eight countries in the study. It discusses how the literature on comparative political and administrative systems can help formulate assumptions about public policy making and policy change. The ideas that are developed are then applied to public reform policies in general and in the area of higher education in particular, followed by a test of the assumptions on available data on reform outcomes in the countries involved. The data indicate that a comparative politico-administrative perspective is potentially useful with regard to explaining cross national variation in higher education reform policies in Europe.     

The hiring of academic administrators since the 1972Higher Education Guidelines

With the announcement of the 1972Higher Education Guidelines, colleges and universities were mandated to expand recruitment activities beyond the usual network approach. The intent of theGuidelines was to broaden the search process with the ultimate goal of placing more candidates from underrepresented populations. The purpose of this study was to determine if any change occurred in hiring practices and, particularly, if any change occurred in the hiring of candidates from underrepresented populations for select academic administrative positions in four-year colleges and universities as advertised in theChronicle of Higher Education during the period from 1972 to 1976. It was found that changes in recruitment had taken place but that changes in hiring appeared not to have occurred.     

STUDENT CONSTRUCTIONS OF 'ACTIVE CITIZENSHIP': WHAT DOES PARTICIPATION MEAN TO STUDENTS?

ABSTRACT:  'Active citizenship' is currently a popular term in citizenship education policy discourse. Despite this policy interest, there is no agreement about the meaning of 'active citizenship'. This article draws on data from the IEA Civic Education Study to explore how students themselves construct 'active citizenship'. The results show that students have quite sophisticated conceptions of citizenship responsibilities although their attitudes are gendered. They seem committed to political obligations rather than social obligations and they do not seem inclined to take advantage of their political rights or become involved in protest activities of any kind.     

The Evolution of Government Policy on Widening Participation

This paper examines the evolution of government policy in England on widening participation. It traces government policy on widening participation in relation to social class from Robbins (1963 ) through Dearing (1997 ) to ‘The Future of Higher Education’ (2003 ) and the passing of the Higher Education Act (2004). The paper concludes that there is a lack of participation in policy formulation by certain key groups, particularly those directly affected by widening participation policy. In addition, although the government's widening participation policy has generally progressed, it has done so within an overly bureaucratic system of control that fails to give higher education institutions the autonomy they need. There are also occasions when aspects of policy seem to be taking backward steps. Moreover, while the government adopts a rhetoric of strategic rationality, policy on widening participation often appears to be ad hoc, piecemeal and lacking a cohesive, evidence‐based rationale. Finally, there are times when New Labour appears to lack the political will to implement radical policies.     

Table of Contents

Introduction and Overview The Problem in Decision Making Related to Athletics Interpretations of the Problems Theoretical Context Structure of the Monograph Significance to Higher Education Study and Practice The Athletics System in Higher Education Contemporary Governing Organizations Historical Context: Men, Women, Football, and University Growth Dilemmas and Tensions Revealed by a Structural View The Legal and Regulatory Context Origins and Impact of Rules Title IX: Prohibiting Gender Discrimination in Education Summary and Implications The Social and Cultural Context Gender, Power, Privilege, and Intercollegiate Sports The Gendering of Intercollegiate Athletics Homophobia and Masculinity Race and Intercollegiate Athletics: Opportunity or Exploitation? Sports and Academic Culture Sports and the American Psyche Conclusion: Social and Cultural Shaping of Decision Making in Intercollegiate Athletics Economics and the Athletics System Commercialization of Intercollegiate Athletics and the Entrepreneurial University Summarizing the Impact of the Economics of Intercollegiate Athletics Summary, Conclusions, and Recommendations The Athletics System and Intersecting Environmental Forces Observations, Themes, and Recommendations Conclusion References Name Index Subject Index About the Authors     

Bologna 2010. The Moment of Truth?

Government policies are central factors shaping the environment of higher education institutions. European governments have included in their higher education political strategies the principal goal of implementing the European Higher Education Area (EHEA). The perceptions that key actors of higher education institutions (HEIs) have about political developments are important as they may influence the achievement of government policy. The Bologna Process is at the heart of policy coordination, the instrument selected at European and national levels to establish EHEA. This article seeks to discuss empirically the views of institutional actors about the Bologna Process, taking into consideration the achievement of EHEA. The discussion is based on the analysis of the EHEA implementation in seven HEIs located in four higher education systems — Germany, Italy, Norway and Portugal. This paper draws on the theoretic-methodological approach of the policy cycle to analyse the perceptions of HEIs' constituencies about Bologna.