Who is (Not) Protected by Title IX? A Critical Review of 45 Years of Research

Abstract

Background/Context This is the first published systematic literature review with an exclusive focus on Title IX scholarship. This article aims to offer a holistic view of the existing knowledge base in this field presented in peer-reviewed scholarly publications. Purpose This review of the literature identifies key trends in this body of research and highlights strengths, as well as gaps and oversights, that future research should address. Research Design This descriptive literature review systematically collected 169 peer-reviewed articles to identify the conceptual boundaries of the field and the current gaps. Data Collection and Analysis Authors applied Booth, Sutton, and Papaioannou's SALSA approach (Search, AppraisaL, Synthesis, and Analysis) to this systematic review to identify and analyze the 169 articles included in the study. We applied an intersectional feminist lens and Queer of Color critique to the analysis of the included articles. Findings/Results Peer-reviewed scholarly publications on Title IX (169) have generally focused on analyses of legal decisions (93) and studies of athletics (75), with little attention to other aspects of the law. Most studies lacked intersectional analyses of how “sex discrimination” has been understood in K–12 and higher education contexts, which leaves experiences of students of color, transgender students, and LGBQ students missing from most of the scholarship in this field. Conclusions/Recommendations This review of the literature is intended to help scholars interested in issues of sex discrimination and gender equity in educational institutions in the United States have a clear overview of scholarship that already exists related to Title IX in order to ask more focused and critical questions about its impacts and implementation. More research is needed to understand the ways in which educational institutions interpret and apply their responsibilities under this law—particularly through the lenses of intersectional feminism and Queer of Color critique. Contemporary issues, including campus sexual assault, and the negative experiences documented about gay, lesbian, bisexual, and transgender students in schools underline the importance of staying current with Title IX, and the current body of literature indicates scant attention to collecting and analyzing data about this law's application in practice and implications for diverse groups of people.

A Starting Point: Gender, Hot Cognition, and Trans-Informed Administrative Guidance

“…Rather than drawing from personal experiences and identity (i.e., “hot” cognition), couching gender reforms as an obligation of their professional role encouraged administrators to use a more rational, evidence-based decision-making process (i.e., logical cognition). Meyer and Quantz’s (2018) findings support the need for additional interpretation of the law in their interview study of local, K–12 Title IX coordinators. Few Title IX coordinators believed the equitable treatment of transgender students fell under their responsibilities.…”

Scaling Gender and Sexual Diversity Policies in K-12 Schools

“…Yet, it is unclear how much these top-down processes, such as legislative mandates and reliance on state administrative agencies, contribute to educational GSD-related reforms. Indeed, Meyer and Quantz (2021) identified the lack of K12 studies focusing on the role of Title IX in supporting transgender and gender-nonconforming students as a major gap in the existing educational research literature in their extensive review of 169 peer-reviewed Title IX articles.…”

Disrupting cisheteronormativity in STEM through humanism

“…Cech and colleagues (2017) found LGBTQ students in engineering feel depressed and marginalized in their chosen fields of study. Students notice the lack of MIoSG representation in STEM and have to navigate these environments carefully in order to assess whether they can be out or not (Cech and Waidzunas, 2011;Hughes, 2017;Mattheis et al, 2020) and what, if any, protections might be afforded to them by educational policy (Meyer and Quantz, 2021). Additionally, college STEM students with MIoSG who seek affirming spaces through STEM clubs or organizations must navigate the fore fronting and/or backgrounding of multiply marginalized identities as they seek belonging and community, as well as the presence or absence of such spaces, on their campuses (Forsythe et al, 2023).…”