Using Intersectionality to Reimagine Title IX Adjudication Policy

Abstract

Using critical discourse analysis, this article reveals how power is inherent in and maintained through Title IX campus-based adjudication processes. We interrogate the role of identity and power in Title IX adjudication processes through an intersectional analytic framework. We challenge the reliance on fairness and neutrality, which leads institutions to a one-size-fits-all approach to implementing this policy. We also demonstrate how parallels to the criminal justice system disproportionately oppress survivors with marginalized identities. We offer policy recommendations and alternatives to Title IX adjudication, such as restorative and transformative justice community-based processes. We urge campus educators to push for policy that attends to the sociopolitical and historical context of survivors and moves from punitive processes to survivor-centered and community-focused ones.