#11478. Procedural convergence

August 2026publication date
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Journal’s subject area:
Law;
Sociology and Political Science;
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More details about the manuscript: Science Citation Index Expanded or/and Social Sciences Citation Index
Abstract:
Universities face a dilemma in determining how to create fair, consistent, and reliable processes that respect the rights of both alleged perpetrators and victims and encourage people to bring complaints forward. Using the literature on non-law forms of ordering and neo-institutional theory, this article examines university Ombuds and Title IX Coordinators and their handling of sexual misconduct disputes. Primary data collection included a review of 1200 documents and interviews with 14 Ombuds and 13 Title IX Coordinators from 22 large institutions of higher education between 20XX and 20XX. This study concludes that Ombuds and Title IX Coordinators, despite being designed in sharply contrasting ways, converge (but not fully) toward a hybrid of formality and informality. As Title IX law continues to develop, the theory of procedural convergence has important implications for the creation of non-law dispute mechanisms and the balance between individual rights and the organizational development of legal norms.
Keywords:
Perpetrators; victims; sexual misconduct disputes; Ombuds; Coordinators; legal norms

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