The allegation that seven members of the Chi Phi fraternity at Cornell University drugged and sexually assaulted a female student has roiled the country. The female student, identified only as Jane Doe, has brought a civil suit against the university, the fraternity, and others. (The men deny the allegations.) Two investigations about that night two years ago and its aftermath are underway. One was commissioned by Cornell, and the other—initiated by the governor of New York—has the state’s attorney general looking into what happened.
But following the intricacies of a Title IX case—even understanding how the law known as Title IX works—is not easy. So, I reached out to Title IX attorney Justin Dillon, a former federal prosecutor who has represented accused students and professors at more than 100 schools across the country, to unpack what we should expect as the case gripping the country goes through the legal system.
—Emily Yoffe
Emily Yoffe: Can you explain what Title IX is and how it works on campus? It used to be about opportunities for female athletes, right? But now it seems like it’s more often about investigating and punishing sexual misconduct.
Justin Dillon: Title IX is a 1972 federal law that prohibits sex discrimination in education: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance. . . ”
For decades, Title IX was applied most often to college sports, and it was interpreted to require parity between men’s and women’s athletics. The Obama administration then began to apply Title IX’s logic to sexual assault on a broad scale, making it a central domestic initiative.