@article{IR,
      recid = {1127467},
      author = {Gersen, Jacob and Suk, Jeannie},
      title = {The Sex Bureaucracy},
      journal = {Calif. L. Rev.. California Law Review},
      address = {2016-08},
      number = {IR},
      volume = {104},
      pages = {881},
      abstract = {<p>We are living in a new sex bureaucracy. Saliently  decriminalized in the past decades, sex has at the same  time become accountable to bureaucracy. In this Article, we  focus on higher education to tell the story of the sex  bureaucracy. The story is about the steady expansion of  regulatory concepts of sex discrimination and sexual  violence to the point that the regulated domain comes to  encompass ordinary sex. The mark of bureaucracy is  procedure and organizational form. Over time, federal  prohibitions against sex discrimination and sexual violence  have been interpreted to require educational institutions  to adopt particular procedures to respond, prevent,  research, survey, inform, investigate, adjudicate, and  train. The federal bureaucracy required nongovernmental  institutions to create mini-bureaucracies, and to develop  policies and procedures that are subject to federal  oversight. That oversight is not merely, as currently  assumed, of sexual harassment and sexual violence, but also  of sex itself. We call this bureaucratic sex creep—the  enlargement of bureaucratic regulation of sexual conduct  that is voluntary, non-harassing, nonviolent, and does not  harm others. At a moment when it is politically difficult  to criticize any undertaking against sexual assault, we are  writing about the bureaucratic leveraging of sexual  violence and harassment policy to regulate ordinary sex. An  object of our critique is the bureaucratic tendency to  merge sexual violence and sexual harassment with ordinary  sex, and thus to trivialize a very serious problem. We  worry that the sex bureaucracy is counterproductive to the  goal of actually addressing the harms of rape, sexual  assault, and sexual harassment. Our purpose is to guide the  reader through the landscape of the sex bureaucracy so that  its development and workings can be known and debated.</p>},
      url = {http://lawcat.berkeley.edu/record/1127467},
      other-identifiers = {10.15779/Z38HV80},
      content-type = {Article},
}