Misunderstanding Law: Undergraduates’ Analysis of Campus Title IX Policies

Abstract

Colleges and universities are legally required to attempt to prevent and redress sexual violations on campus. Neo-institutional theory suggests that the implementation of law by compliance professionals rarely achieves law’s goals. It is critical in claims-based systems that those who are potential claimants understand the law. This article demonstrates that (a) intended subjects of the law (colleges and universities) interpret and frame the law in very similar ways; (b) resultant policies are complex and difficult to navigate; and (c) university undergraduates in an experimental setting are not able to comprehend the Title IX policies designed to protect them. These findings suggest that current implementations of Title IX policies leave them structurally ineffective to combat sexual assaults on campus.