Leadership Studies Ed.D. Dissertations

Examining the moral and ethical implications of Ttitle IX compliance

Date of Award

2022

Document Type

Dissertation

Degree Name

Doctor of Education (Ed.D.)

Department

Leadership Studies

First Advisor

Patrick Pauken (Committee Chair)

Second Advisor

Juan Bes (Other)

Third Advisor

Matthew Caires (Committee Member)

Fourth Advisor

Christy Galletta Horner (Committee Member)

Fifth Advisor

Judith Jackson May (Committee Chair)

Abstract

The purpose of this phenomenological qualitative study was to explore the ethical and moral implications for higher education administrators as they navigate minimum expectations regarding compliance with federal and state laws and regulations regarding Title IX of the Education Amendments Act of 1972. This study attempted to navigate the way administrators balance Title IX from both an ethic of justice and an ethic of care approach, while maintaining compliance with often changing federal regulations. Interviews were conducted with nine (9) individuals who had experience with Title IX compliance. The study sample were members of the Association for Student Conduct Administration (ASCA) and the Association of Title IX Administrators (ATIXA) who resided in Ohio, Michigan, Kentucky, or Tennessee. The data were organized into 41 final codes and eight (8) categories of themes were identified: Research Question 1 – (1) External Factors Influence Compliance Experience and (2) Personal Impact of doing the Work; Research Question 2 – (1) Humanistic Elements including Values Matter and (2) Regulations & Legal Requirements Establish Minimum Response; Research Question 3 – (1) Balance of Individual Rights & Individual Regard and (2) External Influences Complicate Decision Making; and Research Question 4 – (1) Making Decisions for the Right Reasons and (2) Frequent Challenges. The findings indicate that while the participants aspire to make decisions from an ethic of care lens, overall, they rely heavily on federal and state regulations as well as relevant case law as their operating framework. Then, within that framework, they apply aspects of care such as empathy, care, and support. What this suggests is that campus administrators mainly make decisions from an ethic of justice. Implications for practice include the need to invest in compliance, understanding that ethical and moral decision-making is critical but so is the need to abide by requirements, and the acknowledgment of the versality and importance of those doing the work. These individuals serve in capacities that heavily impact campus safety and institutional liability and thus need to be appropriately trained, compensated, and staffed to avoid costly mistakes for the institution that come with OCR complaints and investigations, fines, civil lawsuits, and negative publicity.

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