Administrative Law and Title IX
Administrative laws are created and enforced by government agencies on both the federal and state level. The agencies are mainly created to handle matters of public interest and must follow the Constitution, without violating any citizen’s rights. Title IX, when related to Housing and Residential Programs, is enforced through the United States Department of Housing and Urban Development (HUD) and the United States Department of Agriculture (USDA). The HUD was given this duty through Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601-3619). Their job is to “handle cases that report housing discrimination, attempt conciliation of all housing complaints, and determine if there is reasonable cause to
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One of the Housing and Residential Programs regulations, that is of utmost importance to any campus that provides on-campus housing, is 65 FR. § 52871. This regulation states that colleges are not allowed to have different rules or regulations, fees or requirements, and/or services or benefits in the areas related to student housing; however, they are allowed to have separate lodging facilities for male and female students. If the facilities are separated by sex, the quality and cost of living must be comparable to both sexes. The amount of housing provided must be consistent with the percentage of the sex submitting applications. It is critical that any vendors, agencies, organizations, or people that are providing assistance to developing or permitting students to live in on-campus housing uphold the standards and are not partaking in discriminatory acts. This is inclusive of discrimination based on sex, race, disabilities, or anything else.
Texas Administrative Laws The state of Texas’s administration laws are composed by the Texas Administrative Code (TAC.) The TAC is sixteen titles that are related to a variety of topics, that each have various agencies enforcing the policies and procedures. The Texas Higher Education Coordinating Board (THECB) is responsible for access, cost, quality, success rates, admissions, and any other detail relating to higher
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The ASU website, angelo.edu, also organizes the information in an easy to understand, thought out method. There is a tab located on the left, Organizational Structure, that breaks down the chain of command that the filed complaint will move through. In the File a Complaint tab, the individual is led informed on who and how to contact the proper channels if they fell they have been discriminated against. ASU also has a policy that any responsible employee must report any form of sexual misconduct on behalf of themselves, students, or other employees. A responsible employee is defined as a majority of the staff and faculty. ASU policies also dictate there must be at least one employee responsible for evaluating the current policies and practices to ensure they are in compliance, organize their efforts to ensure maximum efficiency and effectiveness are put forth when handling sexual discrimination claims (inclusive of sexual harassment), and that every student and employee has an equal opportunity to an education and employment. One of the major downfalls of the website is that there is a focus mainly on the sexual misconduct portion of Title IX. These cases are serious matters, but only a portion of everything that is covered in the