Chapter 5: Recognizing and Addressing Implicit Bias in Adjudication and title IX Procedures: A Case Study Approach

This chapter examines some of the ways implicit bias exists, emerges, and develops in conduct hearings and Title IX proceedings on college campuses. Title IX procedures have emerged as a way to correct gender discrimination in higher education, and universities must demonstrate strict accordance with the due process clause of the 14th Amendment. Similarly, investigative procedures and conduct hearings must afford due process as outlined by an institution’s respective code of conduct and hearing policy. Still, concealed assumptions continue to influence the manner in which faculty and staff engage with reporting, investigations, hearings, ancillary procedures, and sanctioning. This chapter addresses the ways educators could seek to reduce instances of bias and harm in conduct and Title IX proceedings.