Leveling the Playing Field: Aligning Title IX and Title VII Sexual Harassment Standards to Ensure Equity for Female Hazing Victims

Authors

Cammie Swain, Benjamin N. Cardozo School of Law

Abstract

As hazing has become more common among student-athletes at colleges and universities throughout the country, litigants have used Title IX as a legal remedy to hold these educational institutions accountable for hazing practices on their campuses. However, while various male plaintiffs have brought successful Title IX cases alleging that their hazing experiences constitute actionable discrimination under Title IX, fewer women have had success in bringing such cases. This disparity looms especially large as the number of hazing incidents among women has grown and as intercollegiate athletics has transformed into a massive, lucrative industry. Since 2021, student-athletes have been able to profit from their name, image, and likeness and can be likened to “employees” due to their significant role in generating revenue and esteem for their colleges and universities. This Note attempts to reconcile the changing role of student-athletes with the stagnant legal standard that courts use to adjudicate hazing claims under Title IX. This Note argues that the Title IX peer-on-peer sexual harassment standard should be amended for hazing claims to be more aligned with the sexual harassment standard under Title VII, which addresses sexual harassment practices in the workplace.

Disciplines

Law

Recommended Citation

Cammie Swain, Leveling the Playing Field: Aligning Title IX and Title VII Sexual Harassment Standards to Ensure Equity for Female Hazing Victims, 46 Cardozo L. Rev. 1097 (2025).
Available at: https://larc.cardozo.yu.edu/clr/vol46/iss3/9