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Title IX Activists: A First Look at States have used law to push for social
change from the abolitionist, women’s
Movement Goals suffrage, and labor movements of the
nineteenth century to the Civil Rights,
Jamie Huff and Sarah Cote Hampson women’s liberation, and LGBTQI
movements of the twentieth and
This research was funded by a Faculty/Librarian Research Grant from the Center for twenty-first centuries. American social
Academic Research and Scholarship at BSU. Dr. Hampson and Dr. Huff are extremely movements used law to confront gender
grateful for the support the grant provided. In addition, we thank Mikayla Eaton at BSU inequality in numerous areas, including
for her research assistance.

ith the proliferation of the #metoo
movement, public attention has focused
Won the persistent issue of sexual violence.
The movement to confront sexual violence has its
roots on American college campuses in the activism

of students. Beginning around 2011, many students
demanded that their campuses create better policies
to address sexual violence, and many initiated lawsuits

through Title IX of the Education Amendments of
1972 (Title IX). Beginning in Fall 2017, we began a
study of the goals and strategies of activists using Title
IX to confront sexual violence on college campuses
and how campuses respond to these demands. This

brief article highlights the preliminary results from
our ongoing study. Timesup sign (Photo Credit: Wikimedia).

Title IX, the “Dear address allegations of sexual violence pay equity (McCann 1994), sexual
Colleague Letter,” and promptly, to use the preponderance harassment (Epp 2009), and parental
Legal Mobilization of evidence standard used in the civil leave policies (Albiston 2010; Hampson
courts, and to provide accommoda- 2017). Legal mobilization studies
For much of its history, Title IX has tions to victims during the investiga- examine how activists use the law to
been known as a law affecting uni- tion process. The letter also required achieve their goals, often uncovering
versity sports. The law, which bars sex universities to treat all parties to a case how activists make meaning of the law
discrimination in educational settings, equitably and encouraged schools to in the process. For example, McCann’s
requires equal treatment in educational prevent violence through educational 1994 study of the pay equity movement
opportunities. A series of lawsuits gave programs. Title IX activists consider found that while legal victories were
rise to the idea that Title IX required the 2011 DCL a major development in few, activists were galvanized by their
something more. Beginning with cases addressing sexual violence. interaction with the law, ultimately
like Mullins v. Pine Manor (1982), courts raising their consciousness about issues
held that universities had obligations to Researchers in our field, Law and of inequality. The legal mobilization
keep students safe on campus. In 2011, Society, have studied the relation- literature finds similar patterns in other
the Obama administration codified ship between activism, law, and social movements—that is, the law itself may
guidelines to help universities deter- change. Using a framework called legal not result in immediate social change,
mine their obligations under Title IX, mobilization, we study how activists but activists’ use of the law raises their
called the “Dear Colleague Letter” use law to pursue social change, and understanding of legal issues and allows
(DCL). The DCL ordered campuses to how the laws they interact with shape them to draw public attention to social
social meaning. Activists in the United

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