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.     

Development and evaluation of computer‐assisted assessment in higher education in relation to BS7988

A university‐wide project team of academic and administrative staff worked together to prepare, deliver and evaluate a number of diagnostic, formative and summative computer‐based assessments. The team also attempted to assess the University of Southampton's readiness to deliver computer‐assisted assessment (CAA) within the Code of practice for the use of information technology in the delivery of assessments (British Standards Institution, 2002 British Standards Institution (BSI). 2002. BS7988: 200—code of practice for the use of information technology in the delivery of assessments, London: British Standards Institution.  [Google Scholar]). Evaluation data was used formatively to improve procedures during the project and summatively in preparing the project's final report, this publication and future support for CAA at Southampton. Some of the problems encountered during this pilot programme were anticipated, both by the project team and by BS7988; but they were not necessarily or entirely avoidable given the nature of control and management in an academic environment. Our approach was to encourage institutional learning via extensive dissemination and discussion of the results. To contribute to the public debate on the adoption of BS7988, we highlight difficulties in allocating responsibility for various aspects of the assessment process and make a number of recommendations about this and other practical issues.     

The weight of waiting: the impact of delayed early intervention on parental self-efficacy

Early intervention is a systematic approach for identifying and co-ordinating support for children up to five years of age with developmental delay. The increasing number of children needing early intervention is leading to longer waiting lists for assessment, treatment and diagnosis. Through a mixed-methods approach, this study examined the impact of waiting lists on parental self-efficacy (PSE). An online survey was completed by 197 mothers of children with special educational needs aged one to seven years. Six mothers later took part semi-structured interviews. The research aimed to establish (a) whether there was a relationship between length of time on waiting lists and PSE, and (b) whether there were specific themes or patterns associated with delayed early intervention and PSE. Results showed no significant relationship between time spent on a waiting list and perceived PSE. The qualitative results, however, found that limited contact and poor quality of interactions alongside a lack of information did reduce perceived PSE.