Sex Crimes

Ohio State: Students Must Agree on Why They Are Having Sex

|

Sex
Zenon Evans / Reason

The federal government has ended its four-year investigation of Ohio State University, which was suspected of committing various gender bias crimes in violation of Title IX. OSU reached a settlement with the Department of Education's Office of Civil Rights—an agency currently probing 78 other colleges over the same allegations—and agreed to improve upon its shortcomings related to how the university reports sexual assault. From Inside Higher Ed:

During the investigation, Ohio State established a "one-stop" Title IX webpage and office, formed a sexual violence consultation team that meets bi-weekly, and developed online training modules about bystander intervention. The university also made "substantial improvements" in how it documents sexual assault investigations, the department said. "The university will maintain comprehensive documentation of its receipt, investigation, and resolution of all oral and written complaints, reports or other notice of sexual harassment," according to the resolution agreement. Previously, the department had found that Ohio State had failed to keep clear and consistent records of cases of sexual violence, and the office had trouble even telling if some cases had been addressed or not.

DOE praised OSU for how it handled the big complaint, which was sexual harassment within the marching band. According to the details of a complaint against the college, Marching Band Director Jonathan Waters presided over a culture of gratuitous sexual harassment and sex-based hazing. OSU fired Waters in July. Read the full complaint here—there is some truly gross conduct, and ample evidence that Waters knew what was going on.

A separate aspect of the settlement is drawing the ire of some civil libertarians, however. OSU agreed in the resolution to establish clear definitions of what constitutes consensual sex. It's not entirely obvious whether the definitions listed here are in line with the resolution yet, but they already seem troubling. According to OSU, participants in sexual activities must agree "why" they are having sex:

  • Effective consent can be given by words or actions so long as the words or actions create a mutual understanding between both parties regarding the conditions of the sexual activity–ask, "do both of us understand and agree regarding the who, what, where, when, why, and how this sexual activity will take place?"

That's absurd, as Hans Bader, a senior attorney at the Competitive Enterprise Institute and a former OCR lawyer, writes:

At Ohio State University, to avoid being guilty of "sexual assault" or "sexual violence," you and your partner now apparently have to agree on the reason WHY you are making out or having sex.  It's not enough to agree to DO it, you have to agree on WHY: there has to be agreement "regarding the who, what, where, when, why, and how this sexual activity will take place."

There used to be a joke that women need a reason to have sex, while men only need a place.  Does this policy reflect that juvenile mindset?  Such a requirement baffles some women in the real world: a female member of the U.S. Commission on Civil Rights told me, "I am still trying to wrap my mind around the idea of any two intimates in the world agreeing as to 'why.'"

Bader also notes that OSU misinforms students about alcohol levels and consent. Its website cryptically describes consent as invalid when the person "is so intoxicated or unconscious due to alcohol or drugs." Well, how intoxicated is so intoxicated? An intoxicated person can absolutely consent to sex; only an incapacitated person cannot, by definition, give consent.

Only 78 more universities to go. Read more from Reason on college sex here.

Advertisement

NEXT: David Harsanyi on Protecting Free Speech From Politicians

Editor's Note: We invite comments and request that they be civil and on-topic. We do not moderate or assume any responsibility for comments, which are owned by the readers who post them. Comments do not represent the views of Reason.com or Reason Foundation. We reserve the right to delete any comment for any reason at any time. Report abuses.

  1. But why? But why? But why? But why? But why?

  2. This Bloom County cartoon is still the best comment on the whole thing:

    http://www.cartoonistgroup.com…..?iid=82511

    1. Dallas….you magnificent bastard!

  3. So couples now have to agree that they’re screwing around so that he’ll stop whining and she can get some sleep? So much for romance.

    1. Works for me.

      /Pregnant wife.

      //Second trimester can’t come soon enough.

  4. It would have been nice when I was in college to know how I was eventually going to pay for getting some. Maybe reading the Why section of the consent form would have given me a clue.

    1. As a card-carrying marriage cynic, I believe that the act of getting married should be a fucking paperwork nightmare of contracts, form-signing and hefty lawyer fees. Divorce on the other hand should be as easy as saying “I do”.

  5. While life is meaningless, endorphins are a temporary respite.

  6. So how long will it take before everyone needs three 500-page forms in triplicate in order to fuck?

    1. You know America’s gone bad when perverts have to pay lawyers every time they want to record their wives cuckolding them with big-dicked strangers.

      1. What about non-perverts who want to record their wives cuckolding them with big-dicked strangers?

        1. Just now it dawns on me what the internet has done to perversion.

          Perverts of the 1980s, you are now normal.

          1. Does it depend on wearing a chicken costume while it’s being completed?

  7. It’s possible that this is aspirational and ideal language and not an attempt at an actual definition of consent.

    Otherwise, lying in answer to “will you still love me tomorrow” is rape.

    1. I predict it will be used selectively against people out of favor with those in power.

      Counter-intuitive, I know.

    2. How can you be at reason and popehat at the same time, Ken?

      I have my doubts about you.

      1. I continue to believe this is Clark in disguise. I may be wrong, though, since if it were he’d be hanging out here more instead of with the Popehat commentariat. They have some doozies, without even any odd sexual proclivities to lighten up the discourse.

        1. Did I threaten to set any government officials on fire? No. So how can I be Clark?

          1. Hmmm. I’m still skeptical. Say “9/11’s heroic NYPD” without bursting into flame.

    3. “Sure baby, I’ll still respect you” (just less)

  8. Fuck Michigan.

    That is all.

    1. No means no!

  9. Wow, no definite article at all. What a slap in sloopy’s face. Hope you have mailbox insurance.

  10. “The university will maintain comprehensive documentation of its receipt, investigation, and resolution of all oral and written complaints, reports or other notice of sexual harassment,”

    “Complainant was instructed to grow up, and/or act like a civilized human being. File closed.”

    1. The last thing colleges want their students to do is grow up. And civilization is so old-dead-white-man.

  11. What if there is later disagreement on the how? I mean, like a debate on previously-agreed-upon positions and that sort of thing. And who gets to climax first. Not to mention an itemized list of accessories, each presumably bearing a calibration certificate from an approved agency.

    I certainly hope the school is not being so cavalier about this serious issue.

    (Also, what about the Mexicans, pot, and cocktails? Or do those fall under accessories?)

    1. No anal!

      1. Look, if you insist that I turn off the lights in accordance with your insistence on the full application of Article XVI, I can’t assure you that I will be able to maintain a reasonably certain penetration zone of +/- two inches in keeping with Section Eight of the Sexual Conduct Code.

        Frankly, it would be much easier if I could just zoom in on the disputed areas with my iphone to ensure that no accidental slippages occur to our mutual dissatisfaction.

    2. Both (or all, in the case of a group event) will have to provide certificates of competency, issued by an accredited licensing/educational institution. Also, they will have to show that they have kept up their proficiency, by periodic training courses, testing, and activities.

      And, of course, since this activity has the potential to affect the environment, an environmental assessment will have to be provided, showing the consequences of an accident during this activity, where a new human life might be produced that could tip the planet out of its delicate ecological balance and destroy all life as we know it.

  12. It’s only good manners to make sure you partner understands when you are just interested in a booty call vs. a long-term relationship.

    But it’s a little absurd to say that not doing so would count as “rape”.

    1. Especially, since, people change their mind. At what point do you look at the motive?

  13. “Students Must Agree on Why They Are Having Sex.”

    By the standard, no couple anywhere can ever have sex.

    1. Bias for the thread win.

      Enjoy this handcrafted speedball as your prize.

      1. One try couldn’t hurt, it is the offseason.

    2. I agree, this is wins the thread.

  14. But what about the University of Maine at Bangor?

  15. This is all easily solved. Market a consent app for mobile devices.

    1. Then record everything on the cell phone video camera, in case it goes to the one-stop hearing board later. Don’t worry about the video getting hacked, we’re talking about Apple here.

    2. Nah. Too hard to fill in all the who, what, where, when, why, and how blanks on the form. You’ll need serious word processing for that.

      1. Bump Uglies — an extension of the Bump act which transmits information between phones to end all of that.

        1. Sorry. Still have to fill in the who, what, etc. On a phone, even drop-down menus are going to be tough to use. And forget about free text entry.

          I just don’t see it. Sorry.

  16. The obvious solution is for the school(s) to provide designated on-campus sex facilities, with grandstands for observers and referees.

    1. Orgasmatrons? Perhaps they could require each party to scan a credit card for entry, thus indicating consent (along with a video statement also confirming consent at each stage of the coitus).

      1. Perhaps they could require each party to scan a credit card

        Another win for student debt!

  17. I swear that all the intrusion into people’s lives by the government and authority figures has just been groundwork for the final endgame: seriously intruding into people’s sex lives.

    Tax thingy?!?

    1. You mean…. number twos?

    2. Well, I’m certainly glad that we expended all that effort to get the government out of our bedrooms.

    3. Remember when Progressives wanted to keep government out of their bedrooms?

      1. Well the funny thing is that as the progs struggle to increase government and control over people, they create heretofore unheard of positions of power (someone who enforces sex codes?) and therefore the worst possible people are going to gravitate to those positions as they always do, but a new flavor of worst (like Nicole). We’re going to see some weird shit because of it, like we’ve seen with principals strip searching teenagers and TSA screeners making women drink their breast milk and so on.

  18. “The federal government has ended its four-year investigation of Ohio State University, which was suspected of committing various gender bias crimes in violation of Title IX.

    OSU reached a settlement with the Department of Education’s Office of Civil Rights?an agency currently probing 78 other colleges over the same allegations…”

    So, the “DoE Office of ‘Civil Rights’…(what?)…

    …is ‘probing’ 78 colleges (nothing else to do?) over ‘allegations’….

    …because of a sexist “Marching Band”.

    And the Solution to this Real Problem…was,

    ” Ohio State established a “one-stop” Title IX webpage and office, formed a sexual violence consultation team that meets bi-weekly, and developed online training modules about bystander intervention. “

    OH! Moar Bureaucracy that will need to justify its own existence. and force people to take ‘training’.

    which reminds me… one time? In band camp?…

  19. We’re getting closer and closer to Demolition Man.

    “Hey baby, let’s have… ”

    [looks at stack paperwork that must be signed in triplicate with a notary public present]

    “VIRTUAL REALITY VIDEO GAME TIME!!!”

    1. Even Demolition Man didn’t think of the need to spell out WHY they wanted to have intimate virtual sexual happy fun time or whatever.

      It was spot on with the Taco Bell winning the Franchise Wars thing at least.

      1. I take it you’ve never seen the Europe/Asia version.

        1. Damn you, YUM Brands! DAMN YOU!!

  20. Abstinence by litigious overload, who’d of thought?
    Used to be guys girl, girl fucks guy later…now you’re fucked before zippers or buckles are off.
    No male college goer in his right mind would screw around with a fellow goer, I see an influx in dorm prostitute calls in the near future at OSU.

  21. Those three days a year when I get some, I always have the wife initial her consent after each stroke. We attempted to agree to a specific number of strokes in advance but the timekeeper always got distracted and could not agree with the referee or the attorney on the count number. We considered averaging based upon video evidence but let me tell you, that was a whole other crime in itself.

  22. In some ways, the “consent in relationships” part is the bestworst:

    ?Current or past sexual relationships or current or past dating relationships are not sufficient grounds to constitute consent.

    So, the fact that you are in a current sexual relationship with someone means you still have to run through the questionnaire with them every single time you’re feeling a little frisky? The fact that your partner has given you no indication that she has withdrawn her ongoing consent to sexing you up means nothing?

    ?Regardless of past experiences with other partners or your current partner, consent must be obtained.

    I don’t even know what this means. What kind of idiot would ever think: “Welp, Mary Jane consented to blow me last week, so that must mean that Peggy Sue consents to blow me right now.”

    ?Consent can never be assumed, even in the context of a relationship. You have the right to say “no” and you have the right to change your mind any time.

    The whole point of a relationship is that it allows you to rely on your, well, relationship and history with someone. You don’t have to affirmatively confirm the existence of your relationship every single frickin’ day; you need to notify your partner when the relationship changes, not mechanically obtain confirmation every day that it hasn’t. What they are really saying is that there’s no such thing as a sexual relationship, only atomized and isolated sexual encounters.

    1. The whole point of a relationship is that it allows you to rely on your, well, relationship and history with someone.

      Agree; I’m not sure I want to live in a country where Hillary has to ask Bill’s permission before she pegs him.

    2. What they are really saying is that there’s no such thing as a sexual relationship, only atomized and isolated sexual encounters

      For the sick damaged fucks who want to enforce this kind of shit on others, I think that is a true statement. They do not have a “healthy” view of sex in any way, and really don’t get it either. That’s why they’re so fucking obsessed.

    3. So, the fact that you are in a current sexual relationship with someone means you still have to run through the questionnaire with them every single time you’re feeling a little frisky?

      Are you kidding? Even the fact that you are *married* to someone doesn’t relieve you of the responsibility to do that.

      1. Of course not. As far as I can tell, this policy applies to married students as well, including the statement that you current sexual relationship should not be considered in any way in getting fresh, complete consent every. single. time.

    4. This is what happens when you let people too far down the austism spectrum makes rules about human sexuality.

  23. Remember the following guidelines.

    Be Hansome,
    Be Attractive,
    Don’t be Unattractive

    1. Don’t Stick it in Crazy

  24. “Because it is our honeymoon”.

    We can bring back 1950 as it exists in our imaginations if we try hard enough.

    1. I’m betting they weren’t even including America’s insanely massive prison population in that.

      Remember folks, rape is never funny, unless the victim is a man. Don’t drop the soap.

      1. That doesn’t include any of what you’d consider classic man-on-man rape. That’s “forced to penetrate” a crime overwhelmingly perpetrated by women.

        1. I know, I’m just pointing out that when you consider the percentage of the population in prison, the rape-rape rate in prison, and the male/female skew among prisoners, men are probably more likely to be rape victims by any standard.

    2. How exactly would a woman force a man to penetrate? If he’s not aroused it’s not going to go in.

      Unless you’re talking about penetration by other body parts?

      1. How exactly would a woman force a man to penetrate? If he’s not aroused it’s not going to go in

        That’s an odd question. If the woman’s vagina lubricates is it no longer a rape?

        Some cases the woman is bigger and stronger and holds the guy down. Sometimes it’s done with a threat “If you don’t fuck me I’m gonna say you raped me”. Then let’s not forget that the average guy gets an erection several times per night in his sleep.

        An erection happens when the penis is stimulated. I know that I’m not attracted to myself in the slightest, yet I manage to stimulate myself to an erection on a regular basis.

        Shit, before the age of 17 it was up more than it was down. Even corpses get erections.

        1. Not to get too graphic here, but a soft cylindrical object is not going to fit into a hole smaller than its radius.

          An erection happens when the penis is stimulated. I know that I’m not attracted to myself in the slightest, yet I manage to stimulate myself to an erection on a regular basis.

          Wow, you’re a blessed individual! You weren’t thinking of a person you’d like to have sex with when you got the erection or anything? It’s amazing that the porn industry could exist when all it takes is mere physical stimulation.

          1. No it’s fair. I’ve heard from men before that it’s possible to force an erection even if they don’t want to have sex.

            Penises are wierd. They have minds of their own. Sometimes they don’t work when the guy is horny, and sometimes they work when the guy isn’t horny.

            1. The latter is very unusual for adult, wakeful males. The penetration-forcer must have a great deal of lucky timing, it would seem.

  25. “By law, a person cannot give consent, even when he or she might verbally say so, when:

    The person is physically or mentally disabled”

    So, if you become physically disabled, you are legally no longer to ever have sex again. All sex with a physically disabled person is rape. I would like to say I’m being hyperbolic, but that’s exactly what it says.

    Sorry, one-legged veterans, people missing a hand, deaf people, blind people, etc., you are never, ever getting any sex at OSU.

    1. That is certainly a false statement of what the law is. I cannot believe for one instant that there is a law on the books anywhere which states that physical disability impairs the legal capacity to consent.

      1. I’m pretty sure they mean something more like incapacitated. Like being tied up.

        1. From the actual OSU sexual misconduct policy page (which the linked page is not):

          An individual cannot consent who is substantially impaired by any drug or intoxicant; or who has been compelled by force, threat of force, or deception; or who is unaware that the act is being committed; or whose ability to consent is impaired because of a mental or physical condition; or who is coerced by supervisory or disciplinary authority.

          Physical restraint would seem to be covered by the “force, threat of force” bit. Maybe they’re referring to a physiological condition that renders quick, intelligible speech difficult or impossible (in particular the ability to say “no” or “stop” when one changes one’s mind).

  26. Current or past sexual relationships or current or past dating relationships are not sufficient grounds to constitute consent.

    What is the standard time scale for wiping the slate clean? Does the clock reset when the visiting team leaves the field? After each touchdown? After each first down?

    Come on, give me some guidance.

    1. WHAT?!? NO BOOTY-CALL PROVISO?!

    2. Baseball, not football. First base, second base and son on. This is apparently the kind of confusion they were hoping to clarify.

  27. Why? Well, there’s only one legitimate reason to engage in sexual intercourse: to make babies.

  28. Possibly the most pointless question in the universe.

  29. Isn’t the “why” answered by the actual act of having sex?

  30. Effective consent can be given by words or actions so long as the words or actions create a mutual understanding between both parties regarding the conditions of the sexual activity–ask, “do both of us understand and agree regarding the who, what, where, when, why, and how this sexual activity will take place?”

    So which is it? Do the two people merely need a “mutual understanding” of why they’re individually doing it, or do they have to “understand and agree” why the two of them are doing it?

    For instance, “I understand you’re willing because you’re getting revenge on your ex, but I don’t even know your ex, I’m down for it because I’m horny.”

    1. Clearly, what they are saying is that you can get full consent only after

      (a) a long and tedious discussion of the who, what, etc.

      OR

      (b) a particularly demanding game of charades.

      1. Or

        (c) they expect students to have sex without going through this farce anyway and they really dig the idea of putting the male indefinitely at risk of expulsion at the woman’s whim.

  31. The article doesn’t mention something that has been reported extensively locally: the supposed “victims” in the OSU marching band included in the report weren’t interviewed prior to the report’s release, and many of them objected to how the events involving them were presented, both in what was described, and the claims that they were anything other than consensual.

  32. It seems clear that the DOJ is actively trying to stop young men from getting laid; presumably, a large number of sexually frustrated men will lead to an increase in crime or even insurrection, which will give the DOJ more reasons to justify its budget. Devious bastards.

    1. Sexual assault rates have fallen. By any metric.

      1. Sexual assault rates have fallen. By any metric.

        Not according to the Feminist Feels Index.

      2. I take it you are unfamiliar with the “it’s in the news more often” metric.

  33. Given the attitudes and the spirit of people today, I would record with my iPhone the consent. I would not just merely take her word for it.

    1. Make sure your battery is topped off to make sure you get an adequate description of the who, what, why, where, when, and how on tape.

  34. I think there needs to be a signed affidavit whenever any man has sex with any woman. And, of course, we must never forget that sex is something a man does to a woman and any sex is a form of rape. We are all, each and everyone of us, the product of rape. It’s just that some rape is consensual.

  35. Whenever I think I’m going to get some I tape a gauze pad on my crotch, with the notice “BY BREAKING THIS SEAL YOU SIGNIFY AGREEMENT WITH THE TERMS OF THE END USER WHOOPEE AGREEMENT.” If it’s good enough for Microsoft it’s good enough for me.

  36. Politicians are already working on law against wet dreams.

  37. This will go full circle. Politicians will soon campaign against feminists, claiming WAR ON MEN.

  38. I’m sorry, normally I’m a fan of Reason but this is absolutely terrible reporting. Go read the OSU page linked to in the article. There’s a section defining consent, which allows for both “verbal or non-verbal” consent. Note that this is a) less stringent than some other schools and b) inconsistent with the claim that couples must agree on why they are having sex.

    After that, there is a section explaining to students how to have effective consent. In context, the section quoted is clearly a suggestion– not a requirement– of how people can have effective consent if they’re really not sure. It’s cheesy and unrealistic, but that’s beside the point.

    This is a poorly written guidebook and there’s much to criticize, but the main criticism in this article is entirely nonsense.

    1. Hard to see how that interpretation would work. They’re not really making a distinction between “consent” and “effective consent” — the latter is certainly not presented as “consent for dummies”, it appears to be considered the only sufficient kind of consent (what would “ineffective consent” be?).

    2. How do you read that as a suggestion? What makes it different than the first section?

    3. After that, there is a section explaining to students how to have effective consent.

      A student of OSU could be as old as, what, 25? I mean, in general. So… think about the words you typed on your keyboard. A section, explaining to full grown fucking adults HOW TO HAVE EFFECTIVE CONSENT FOR SOMETHING THAT IS ENTIRELY A PERSONAL MATTER!

      Sorry for the shouting, but one gets the feeling one isn’t being heard.

    4. In context, the section quoted is clearly a suggestion– not a requirement

      You mean like how paying income tax is “voluntary?”

      “We suggest you follow this suggestion if you want to continue to go to school here.”

  39. Given enough time, Darwinian theories would indicate that OSU is doomed due to a lack of alumni children existing and due to a lack of everyone else having any desire to enter.

  40. so intoxicated or unconscious

    Probably a typo for “so intoxicated as to be unconscious”. Or their brain activity is Sofa King low.

  41. Waters has received huge amounts of support in Columbus especially in the local media who’ve run literally dozens of stories about what he shouldn’t have been fired. In fact, he is participating in the pre-game show for today’s game. How exactly do you stop a sexualized culture at a University (and why would you). Although I had heard that there were some fairly serious assault allegations that he did not handle very well. Of course if they’re that serious I would think one would go to the police and not the band director.

  42. “’cause I’m horny again” isn’t enough?

Please to post comments

Comments are closed.