HOW THE CHANGES IN TITLE IX GUIDANCE SHAPE HIGHER EDUCATION INSTITUTIONS’ LIABILITY IN FEDERAL COURT CASES, 2000–2022: A CONTENT ANALYSIS

In this qualitative study, 21 Title IX federal court cases between 2000–2022 were examined. The purpose of this analysis was to explore how the changes in Title IX guidance across President George W. Bush (R), President Barack Obama (D), and President Donald Trump (R) administrations have impacted higher education institutional liability lawsuits. Guided by content analysis and the power-conscious framework, three research questions were asked: (1) How have the Title IX policy changes under the Bush, Obama, and Trump U.S. presidential administrations impacted higher education institutional liability lawsuits? (2) What specific Title IX requirements within the Bush, Obama, and Trump U.S. presidential administrations are higher education institutions being held liable for violating? (3) How effective is the Title IX guidance under the Bush, Obama, and Trump U.S. presidential administrations at reducing institutional liability? Four themes emerged from this study: (1) Increase in Title IX lawsuits, (2) Violation of Presidential Guidance Does Not Mean Violation of Title IX, (3) Previous Court Cases, (4) Guidance with More Legal Protocol Can Reduce Title IX Liability.
This content analysis concluded that higher education institutions should incorporate legal standards into their Title IX process and work to be compliant with federal law and the guidance provided by the Department of Education. Furthermore, this study demonstrates the different types and forms of power that change over a period of time. Based upon these conclusions, recommendations were made for higher education institutions and the U.S. Department of Education to create policies that would be fair and equitable to the involved parties while also reducing institutional liability.