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Title IX evolves with the times

Holly Rodriguez | 7/7/2022, 6 p.m.
On June 23, Title IX of the Education Amendments of 1972 turned 50 years old.

On June 23, Title IX of the Education Amendments of 1972 turned 50 years old.

Before Title IX, there was no law prohibiting discrimination on the basis of sex in programs or activities in federally funded educational institutions. If a conflict arises that violates the law, there is a formal conflict resolution protocol that is often followed. But some local universities are offering an alternative as long as the parties involved agree to it.

At Virginia Commonwealth University, Cleo Magwaro, associate vice president of institutional equity and interim Americans with Disabilities Act coordinator, describes using an alternative to the investigation model as a “human-centered” approach to meet student needs.

During the formal process, an investigator talks with the parties involved and witnesses while conducting an investigation. The information is turned over to a hearing panel - at VCU, this panel includes trained faculty and staff - who render a decision. If any party is dissatisfied with the panel’s decision, they have the right to appeal.

This formal, investigation model is standard at federally funded educational institutions. But locally, Virginia State University and University of Richmond also offer an informal, mediation-based alternative to the formal process as well.

At VCU, the informal process is reserved for nonviolent Title IX conflicts. Methods of informal resolution may include conflict resolution, mediation, restorative justice, facilitated conversations, counseling, training and/or educational conversations or projects.

For example, the school’s Title IX office, Equity and Access Services, can provide a trained mediator who listens to each party share what they believe is the best way to resolve the conflict. The goal is for all parties to be heard in a way that feels more restorative, rather than punitive. From there, the mediator works with all parties to agree on solving the issue.