"Title IX was a breakthrough, but it is flawed." says British academic and Professor of Humanities, Jacqueline Rose:
"Legal critics have claimed it abuses ‘due process’ by acting as a court of law while neglecting protections such as the right to an attorney, or full advance notification of charges. They also disapprove of the standard of proof used in sexual misconduct cases: a ‘preponderance of evidence’ – 51 per cent, as it were – rather than the higher standard, ‘clear and convincing evidence’.
It is also sometimes unclear in these cases who is acting on behalf of whom. In one of its most striking clauses, the letter [the 2011 the Department of Education ‘Dear Colleague’ letter about sexual harassment on campus, which became a policy-defining document] states that a college must take ‘all reasonable steps to investigate and respond to the complaint, consistent with the request for confidentiality or request not to pursue an investigation’. This is a rare moment when the possible human cost of assault, how it might silence someone who has been its target, shows through the legalese."
This fascinating article in the London Review of Books explores Title IX through the texts of five recent books and asks why it took Harvey Weinstein to turn the sexual harassment of women into front page news.