DC victims' rights attorney Laura Dunn on how far we've come 50 years after Title IX, and why the law should do more.
This week marks the 50th anniversary of Title IX, the federal law that bans discrimination on “the basis of sex” in schools and in sports. In recognition of the milestone, the Biden administration, which would ensure sexual orientation and gender identity are included under the law, and strengthen protections for LGBTQ students.
Traditionally, there was always a question mark of whether Title IX also protected LGBTQ students. Some cases they said yes, some cases they said no. It had to do with the specific nature of the harassment – was it about their gender identity or their sexual orientation, which wouldn’t have been protected? So it left a patchwork, and a tough situation for a lot of LGBTQ students who were being harassed, bullied, and even pushed to the point of suicide.
The toughest cases are ones where the survivor and even the witnesses are doing everything they can to hold someone accountable, and yet for whatever reason, the school isn’t being fair. You would think that it would be simple that schools would want safe campuses, and it is not a priority. They are worried about money and reputation. In all the painful cases I’ve ever seen, the school just didn’t want to find a person responsible. I am big on due process, just not unnecessary process.
At first I did what so many survivors did. I chose silence. During a summer class, a professor talked about how over 80% of sexual assaults are never reported, and I was like, ‘oh, that’s me.’ She said the school has to do something. She was talking about Title IX, and I didn’t know that. I didn’t know what my options were. No one is prepared for that ever. Why should they be? We shouldn’t be having this issue. Once I felt empowered to go to the school and report, I did.
I’m supportive of transgender students and nonbinary individuals. I want them to have access to athletic opportunities and educational opportunities. The question is how do we do that and ensure fairness. Maybe it’s just because I was a female athlete that was faster than most men I competed against, but gender is not the criteria. There’s different ways for us to categorize and create fair competition without having to engage with gender discrimination.
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