Efforts to rein in UT's Sex Week met by resistance, legal concerns, new report finds

The University of Tennessee at Knoxville's actions to curb controversy surrounding Sex Week was met at times by reluctance, resistance and concerns of possible legal consequences, a lengthy new report details.

Those findings, along with many others, are detailed in a 269-page comptroller report released Wednesday during a state Senate Education Committee hearing.

Legislative leaders requested the report in April to determine whether state funds were being used for Sex Week.

The conclusions are accompanied by more than 14 possible policy considerations school administrators and legislators could make to address the controversial event organized by a student group, although the comptroller does not make formal recommendations.

First created in 2013, Sex Week is an annual spring event held by student group Sexual Empowerment and Awareness at Tennessee — known as SEAT — that includes a variety of sex-related events. Panels focus on topics such as sex, sexualityand gender.

Sex Week has long been a target for conservative lawmakers at the state Capitol. They have relayed to university officials their disgust over the event. Two legislators at one point called it a "national embarrassment."

It has also drawn national attention, drawing criticism last year from Christian evangelist Franklin Graham.

Senate Education Chair Dolores Gresham, R-Somerville, said during the committee hearing that the scrutiny from lawmakers is because the school is held to a higher standard as the state's flagship university.

"It is the flagship in which we have such pride and reflects to the world who we are as Tennesseans, what values we have and what our legacy is to our children," she said.

Changes promised after the report

In a letter included within the report, University of Tennessee system Interim President Randy Boyd and Interim Chancellor Wayne Davis promised policy changes. Both Boyd and Davis said that "too many events have been more sensationalism than education."

And Boyd said during the Senate hearing that the university will adopt several of the considerations, including the administration taking over how student groups are funded to ensure that there is a focus on educational content.

He said he believes in the right of free speech of students, but that the university doesn't condone Sex Week.

"The University of Tennessee doesn't condone the sensational and explicit programming has often provided," Boyd said. "We believe it has damaged the reputation and overshadowed the many achievements of our university."

Joan Heminway, law professor at UT Knoxville and SEAT faculty adviser, said Sex Week will continue no matter how the event is funded.

“Sex Week has never really needed to be funded by the school or by the state," Heminway said. "It can exist without that funding and it’s up to the students as to whether it does.”

2018:UT's SexWeek returns with packed programming for sixth year

Organizers:Consent, respect are essential to UT Sex Week events

Indirect benefits, not state funding

Some state funding was allocated to Sex Week and then rescinded prior to SEAT's first event.

But in the following years, funding for Sex Week has relied on student activity fees, gift funds and private donations, the report found.

SEAT receives about $15,000 annually from student activity fees for the event. And since fall 2014, the University of Tennessee has allowed students to opt in or out of using their activity fees for student events such as Sex Week.

In four of the last five years, SEAT received the most funding of any group from student fees, according to the report. Only a small portion of the college's students attended Sex Week in 2018.

Despite no direct state funds going toward Sex Week, the comptroller found SEAT's use of facilities for the event was about $4,500 annually in 2017 and 2018.

Those are indirect state-funded benefits all students groups receive, including the use of campus facilities at no cost and a student organization email account.

Rep. Micah Van Huss, R-Jonesborough, has argued that indirect use of state funds violates a state law passed in 2016.

The law says "state funds shall not be expended by the University of Tennessee to promote the use of gender-neutral pronouns, to promote or inhibit the celebration of religious holidays or to fund or support Sex Week.”

The comptroller didn't provide a legal determination on whether there was a violation of that law.

Resistance from the student group

The comptroller found that students running SEAT have been unwilling and resistant to requests by administrators to "tone it down."

In 2014, the student organization leased a billboard on Interstate 40 in Knoxville to advertise Sex Week after administrators relayed concerns. And the group has openly been critical of the university administration and state legislature.

SEAT, on social media, has said the administration has refused to stand up for sexual education for students and asked lawmakers to "stop trying to censor student run and student funded programming.”

Sex Week isn't unique to the University of Tennessee at Knoxville, the report says, with similar events at other public schools in the state.

The report also says Sex Week hasn't consistently generated concern among lawmakers, with little attention paid to the event in 2015 and 2017.

More:University of Tennessee Sex Week founder says it's here to stay

More:Sex Week at the University of Tennessee isn't just about sex, student organizers say

UT's First Amendment concerns

University administrators have argued that there is little they can do to change the situation without violating free speech protections.

“Top university administrators indicated that if the legislature wants to ban the event then lawmakers should pass a law explicitly stating that Sex Week shall no longer occur at UTK, but officials also warn that a First Amendment lawsuit will surely follow," the report states.

But the comptroller found there was a reluctance to put into place opt-in funding of student fees for student groups. And that the university hasn't put into place all of its recommendations from an internal review of student activity funding.

For example, the task force recommended that the university publicly provide information about student activity fee funding requests, allocations and denials, the report says.

And the comptroller looked to other campuses where schools have policies that could help address the controversy.

"Some public universities in Tennessee, including UTK, charge registered student organizations for the use of campus facilities (under certain circumstances) and limit the amount of funding registered student organizations may request, among other practices," the report says.

A long list of options

The report stops short of listing an exact path to deal with Sex Week. But it does lay out a list of items the state and school could consider. 

Boyd said he would adopt four considerations in the report, including three, six, seven and eight. He said consideration 10 will be closely studied.

The considerations are:

1. The Tennessee General Assembly could pass a law stating that Sex Week shall not occur at the University of Tennessee at Knoxville. The report warns of possible legal action that could follow.
2. The General Assembly could direct the university to declare itself the sole provider of sex-related programming on campus.
3. The General Assembly and school may choose to provide more detailed and transparent information to students, legislators and Tennesseans about funding for registered student organizations.
4. The General Assembly may wish to require that the school review the comptroller’s report, carefully consider all policy options, state its current position given the university’s new leadership, and report any actions to the legislature.
5. The General Assembly may choose to ignore Sex Week as it has in some years and as it has with similar events at other Tennessee universities.
6. The university should adopt a more consistent and proactive communication strategy for students, parents and Tennessee residents regarding controversial events.
7. The school should take additional actions to reduce the perception of bias in the student activity fee funding allocation process.
8. The university could stop allocating funding directly to registered student organizations, and retain the responsibility for organizing nonacademic student activities.
9. The university could limit the amount of funding registered student organizations can request annually.
10. The university could charge registered student organizations for the use of all facilities.
11. The Student Programming Allocation Committee could be required to consider the benefit of the student body and the entire university when making funding decisions. 
12. That committee could be formally prohibited from allocating funds for income-producing events. 
13. The committee could be formally required to consider event attendance when making funding decisions.
14. The SEAT student group should reflect on how student organizations at other universities have offered week-long sex-related programs. The report says that current student co-chairs of SEAT told the comptroller’s office that it is not their intention to “stir the pot," despite a demonstrated unwillingness to compromise in the past. "A different marketing strategy for Sex Week at UTK might generate different results."

Reach Jason Gonzales at jagonzales@tennessean.com and on Twitter @ByJasonGonzales.