COLUMN: Title IX reform hurts survivors


opinion

Updated explanations of federal law Title IX requiring university employees to report instances of sexual assault have sparked a conversation about the handling of sexual assaults on college campuses.

I contend that the government has a role in ending sexual violence. 

I agree that Central Michigan University has a duty to its survivors to make campus safe. I do not, however, believe that the way to do this is by violating the privacy rights of students.

Title IX became law in 1972 and requires gender equality in any educational program that receives federal funding. Traditionally, Title IX is known for its role in school sports. The exact words, found on knowyourix.org read the following:

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.

What are the regulations? One of the most controversial aspects of the newly reformed Title IX program is that universities must comply with mandatory reporting. This was defined in detail in a Q&A released by the U.S. Department of Education's Office for Civil Rights in 2011. Mandatory reporting requires any agent of the university, from University President George Ross to teaching assistants like myself, to report to the Office of Civil Rights any disclosed experience of sexual violence. 

This applies to Resident Assistants, Multicultural Advisers and anyone else employed by the university, except for confidential sources such as the CMU Counseling Center and Sexual Aggression Peer Advocates. 

The survivor, should they disclose an experience of sexual violence to a professor or any other staff, will be contacted by the Title IX office to talk about their options in regard to disciplinary procedures and other resources.

While this might sound like a good way to deter sexual violence on campus, as an employee, activist and survivor, I find this process to be grossly humiliating to survivors of sexual aggression. While I think it is vital for survivors to know their options, I argue this process actually silences students. 

I certainly believe a student has a right to know every available option should they disclose their experience with sexual violence to a professor. However, the idea of being reported and then called into an office full of strangers to talk about private, personal experiences is traumatizing, embarrassing, and inhumane in practice.

I recommend not a total abolition of the reporting policy, but an adjustment to accommodate survivors. Instead of mandatory reporters being required to disclose names to the Title IX officer, it ought to be required to record the survivor anonymously. 

This way, data can be tracked without violating the privacy of survivors. There are directions and solutions available without harming the dignity of the person involved.

I am glad that our society is having a much-needed conversation on sexual violence. With dialogue comes understanding, and with understanding comes evolution of the human experience. 

Students have a right to feel safe on campus. Students have a right to privacy and to disclose their experiences during class discussions, office hours, etc. without the fear of being reported. 

Sexual violence is about taking away power from the individual. Unfortunately, the Title IX mandatory reporting policies do the exact same thing.

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