Ms. Battalia:
Thank you for your closing statement. It is a well stated summation of
OCR's policy towards issues of educational gender discrimination.
I note the following passage, and wish that the "electronic conversation"
could continue [in your absence perhaps others on edquity will continue the
e-logue]
"In terms of Title IX enforcement, it is essential to
reiterate that when Congress enacted Title IX, it required OCR first
to ensure that compliance cannot be achieved voluntarily before taking
the steps necessary to terminate federal funds from a recipient for
noncompliance. OCR has been able to negotiate voluntary compliance in
our Title IX cases, consistent with the Congressional mandate."
Based on this statement, I would like to better understand HOW OCR
determines that voluntary compliance has been achieved. In other words,
what process is used to determine if voluntary compliance has taken place.
What is the METHOD? What is the PROCESS? What tools are in your 'quiver'
"to negotiate"? If those with whom you negotiate know that no action to
terminate federal funds has ever been forwarded, exactly what fear do they
have in continuing to act as they have in the past?
These questions touch at the heart of the liberal feminist model in terms
of the ability of the liberal approach to effectuate change through the use
of a regulatory agency. It appears to me that OCR leaves to the courts the
real business of enforcing the law. Perhaps that is not such a bad thing,
but just how often are children, girls, able to make effective use of
litigation. The answer to that question is obvious given that all major
Title IX litigation has resulted in wins for plaintiffs, and that
discrimination on the basis of gender continues to flourish at all levels
of education.
Anne Kinzel
akinzel@ames.net
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