NCFM Contributor Jack Krammer, Is Title IX Being Administered Fairly? Don’t Ask.

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By Jack Krammer, MSW/MBA

Meet Jason, a sophomore at a large mid-western university. Jason has had a few dates with a student named Jessica. They have never had sex beyond kissing and some light petting. It is pretty clear that she likes him more than he likes her. He does not intend to date her again.

But at a party, Jessica comes up to him and asks why he hasn’t texted lately. He demurs, not wanting to hurt her feelings. Finally, he says, “Look, Jessica, I’m sorry to say this but I’m really not that into you.” Jessica responds, “Well, I am very, very into you. How about if we say good-bye by letting me give you a nice blow job? No strings attached.” Jason looks at her and says, “No, that doesn’t feel right.” Jessica says, “That’s only because we haven’t started yet. Come on,” she says as she takes his hand and leads him up the staircase to an open bedroom.

Fellatio begins and in a few minutes Jason is lying back on the bed, purring softly with his eyes closed. Jessica lifts her skirt, pulls her panties to the side and invaginates him. She rocks and thrusts a few times, but Jason opens his eyes, realizes what is going on and quickly rolls to the side to get Jessica away from him. She falls off the bed and bangs her elbow against the wall. “Ow!” she screams. “You hurt me!” He looks at her, sees she is not seriously injured and hurries out of the room and down the stairs to rejoin the party.

By coincidence the next day, a university Title IX officer comes to Jason’s fraternity and asks Jason and his brothers to take a survey about sexual assault on campus. In Title IX circles the survey is called ARC3. It stands for Administrator Researcher Campus Climate Collaborative. It is the most widely used such survey among Title IX researchers and administrators.

Jason beings eagerly to take the survey. But he gets to the point where he starts flipping pages back and forth. He thinks about raising his hand and asking about the problem he is seeing, but he doesn’t say a word.

The pages that have stymied Jason and his wish to cooperate in filling out the survey are attached.

Can you see the problem? Jason cannot report what happened to him. And when Jessica takes the survey she will not be required to acknowledge what she did.

The authors of the ARC3 have known about this glaring flaw in their research instrument since at least March 15, 2019, but still — as of April 2020 — it has not been corrected.

NCFM Member Jack Krammer, Is Title IX Being Administered Fairly? Don’t Ask.