Since November 8th, Americans have been doing what they do best. The election merely offers new fodder for the same armchair commentators to argue over what might (or might not) happen in the years to come. Those of us waiting to learn more about the uncertain future of Title IX compliance bear our own special flag in these conjecture Olympics as we brace ourselves for the changes that may come. But notwithstanding all that we don’t know, this much is evident: if we weren’t at a crossroads before, we are now.
Regardless of how we feel about the propriety of their implementation, the administrative directives of the past five years have been well intentioned. Each measure sought to make the educational experience a more inclusive and accessible one. Every directive strived to make the modern college campus a safer place.
But this push for progress came with its share of hardships. Most institutions felt the financial sting of these unfunded mandates. Administrators were continually required to re-evaluate how they would allocate precious resources in order to meet expectations that seemed to become loftier by the day. For some schools, these demands have stretched the available resources to their outermost limits. Notwithstanding these sacrifices, many institutions have endured relentless media coverage and litigation involving complainants who allege that schools have not done enough. They wake up the very next day and respond to similar attacks by respondents for letting the proverbial pendulum “swing too far.” While institutions work to find their footing, current students and employees are left to dodge the pitfalls of a system in flux.
In the coming year, the administrative guidance that prompted this frenzy might be retracted with the stroke of a pen. Speculation abounds regarding whether or not the documents that guide our contemporary understanding Title IX compliance will survive the next four years. Even the fate of duly enacted legislation is in question.
But even where the current sources of authority manage to survive, we can count on one thing: enforcing the current mandates will not be a priority for the President-elect’s administration. The existing enforcement measures of an already understaffed and underfunded Department of Education will change course. Enforcement may even become stagnant.
While decreased pressure from the federal government might provide institutions with some much-needed breathing room, this renewed sense of autonomy will offer the first true test of our commitment to inclusive excellence and campus safety. As campus leaders, we will have to choose a path.
Backtracking on the progress of the last several years will be an attractive option for many. Institutions might be eager to consolidate or eliminate some of their freshly minted compliance programs in order to allocate resources elsewhere. Some may be tempted to revive the systems of old in the name of efficiency or fiscal responsibility. There will be countless incentives and justifications for doing no more than what the federal government demands. And when those demands change years later, we will find ourselves scrambling to come back into compliance.
Or, we can view tempered regulatory expectations as a floor rather than a ceiling. Campus leaders can spend the next four years leveraging a newfound freedom from overregulation to focus on offering true support to the members of their campus communities. We can devote resources to nurturing progress, rather than running from liability. We can take time for introspection, and develop the policies and practices that will best serve the unique communities on each of our respective campuses. We can view the dignity and safety of all people as the metric for our success, rather than as an uncertain byproduct of compliance measures that are imposed upon the institution.
While doing no more than necessary will certainly be an option, we can also choose to continue to make our campuses safer and more inclusive spaces in the absence of government demands. And where we leverage the opportunity for greater self-regulation to this end, we will likely come out of the next four years stronger than ever.