Clemson University has suspended a mandatory online training program about Title IX after receiving many complaints from students that survey-type questions in the program were too personal. Some questions asked students how many times they’d engaged in sexual activity in the last three months, and with how many partners.
One student told Campus Reform “I have [no] issue with being trained on Title IX … I have an issue with the personal questions that are asked.” This sentiment is understandable, as there is no clear connection between students’ personal sex lives and Title IX. However, there is a connection between sexual violence and Title IX, because the prevalence of sexual violence on a college campus can be categorized as a form of sex discrimination. Clemson University advertised this program as an educational assignment, but the questions about personal sexual encounters do not contribute to a student’s understanding of the law. Title IX is about institutional practices; it is not concerned with private lives.
It seems as though Clemson did not clearly establish the purpose of its online educational program. If it really was to educate students on Title IX, it should have solely presented information about the law, and about the university’s procedures to comply with the law, and then quizzed the students on such information. However, the questions contained in the program made it seem more like a climate survey, aiming to garner information about students’ experiences.
Nobody has come forward saying the program included questions about sexual violence or about consent, only about sexual activity and drug use. If Clemson aims to collect information about students’ practices that is in any way related to its Title IX obligations, it should collect information about sexual assault. Asking about the number of sexual partners a student has had does nothing to gauge information about the prevalence of sexual misconduct at a university. An example of a relevant question is if a student has ever had a non-consensual sexual encounter, and how many times if it occurred more than once.
Part of the University’s new strategy for combatting sexual misconduct is to distribute climate surveys to students, “which will study the prevalence of sexual misconduct at the University and the efficacy of certain measures against it.”
In developing such climate surveys, universities must maintain a balance between their obligation to assess their students’ safety and their obligations to protect student privacy. Students should not be required to answer questions which they feel uncomfortable answering, but in order to get a good sample of information, it is reasonable to require all students to complete a climate survey. To alleviate concerns, when faced with personal questions students can select an option which reads “I prefer not to answer.” Students at Clemson also raised concerns that their answers to the question are not truly anonymous, as the university claimed. Logging in with student IDs is a way of ensuring that all students complete the program, but it should not be necessary for them to provide any additional information, and universities should take care to ensure names are not ultimately attached to answers.
It is crucial that all universities conduct climate surveys, as well as educate students about what resources are available to them. Clemson, it seems, combined multiple objectives into one program, did not clearly outline such objectives and did not thoroughly explain the purpose of the questions, which created confusion and frustration among the students. Tackling the issue of sexual misconduct may require asking personal questions, as with tackling the issue of alcohol and drug abuse, and many universities already conduct surveys and require training modules for the latter.
It is important that students know their universities are on their side — that the institution asks such questions because it is primarily concerned with their safety. Clemson missed the mark this time around, but with greater attention to detail the university could accomplish its goal, with less resistance from the students it aims to serve.
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