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Discrimination and Retaliation within the Dissertation Process for Doctoral Students

On Behalf of | Aug 16, 2024 | Firm News |

Discrimination and Retaliation
Discrimination and retaliation within the dissertation process sadly happens and significantly affect the academic and personal lives of doctoral students. Discrimination and retaliation not only hinder students’ progress but also create an environment of fear and additional stress. Addressing these issues requires a proactive approach from institutions, faculty and students.

Below, we define discrimination and retaliation in the academic setting and suggest ways to address these biased actions.

Defining Discrimination and Retaliation in Doctoral Programs

Put simply, discrimination in an academic environment refers to unfair treatment based on a person’s race, gender, sexual orientation, disability or religion. Some examples include biased grading, exclusion from opportunities and negative comments about personal characteristics not based on an individual’s academic abilities.

Retaliation, though, occurs after a student reports discrimination or any unlawful action. It’s when a student faces adverse effects, or “punishment,” for reporting the event(s) or for standing up for their rights. Negative evaluations, loss of funding on a research project or social ostracism within the academic community are examples of retaliation.

Common Forms of Discrimination and Retaliation

Racial and Ethnic Discrimination. Doctoral students from minority racial and ethnic backgrounds may experience microaggressions, which are subtle, often unintentional, discriminatory comments or behaviors. An example of a microaggression may be, “It’s great that someone from your background can apply and even be accepted to this challenging program.” Also, minority students might face biased evaluations where their work is scrutinized differently compared to their peers. Research studies reveal that many women of color report higher standards placed on their work than on other groups. And the 2023 Supreme Court decision against Harvard and the University of North Carolina found that their admission processes were unconstitutional, placing higher standards on Asian students compared to other student groups.

Gender Discrimination. This can take many forms, including verbal or sexual harassment, unequal opportunities and biased evaluations. For instance, female doctoral students and those identifying outside the gender binary report academic settings where their contributions are not valued or are dismissed. Examples like these lead to a hostile, unproductive school environment.

Disability Discrimination. Students with disabilities may face inadequate accommodations (i.e., the lack of assistive technologies, no physical access to facilities, etc.). Also, they might experience skepticism from faculty and peers about their academic abilities. These obstacles can make the dissertation process more challenging than it is already.

This section is not exhaustive; unfortunately, other forms exist. If you suspect that you’ve experienced discrimination of any type in the academic setting, call our office (1-800-580-9167).

A Fear of Retaliation for Reporting Discrimination

It’s common for students who report discrimination or harassment to fear retaliation. Retaliation can include negative feedback on their work without justification, exclusion from projects, withholding of funds and threats to ruin their academic standing. The fear of these consequences deters students from speaking out, which means discriminatory practices continue.

How to Fight Discrimination and Retaliation

To start, universities must implement and enforce strong, clear anti-discrimination policies. To make sure these policies are well communicated, mandatory training for teachers, staff and students should be considered. The goal of this training is to teach participants to recognize and address discrimination and retaliation.

Establishing private, accessible reporting channels is just as important as creating university policies. If students feel that their reports will remain confidential, they are more likely to come forward. Furthermore, universities should have processes to ensure reports are handled promptly. Quick actions and decisions will promote greater confidence in the university’s reporting system.

Lastly, accessible mentorship opportunities are important to all students, especially those from diverse backgrounds. Mentors experienced with the dissertation process and who understand diversity can provide valuable guidance and support for doctoral students.

The Education Litigation Group Fights Against Discrimination and Retaliation

To create an inclusive and supportive academic setting, universities must take a strong stand against discriminatory practices. Robust, well-written policies, private channels for reporting, prompt decisions and mentorships are ways to address discrimination and retaliation. All of these require collaboration and communication among staff and students, and change will take time. (But it’s worth it!)

If you’ve experienced discrimination or retaliation, call us (1-800-580-9167). We’re experienced in education law and want to see all students thrive.