Faculty-student Consensual Sexual Relationships and University Policy PDF Download

Author: Mary Cynara Stites
Publisher:
ISBN:
Category :
Languages : en
Pages : 348

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Author: Alyssa Nystrom
Publisher:
ISBN:
Category : College students
Languages : en
Pages : 0

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Recent social movements such as #MeToo have brought a renewed focus on the issues of sexual harassment and assault. No sector of society has gone untouched by the heightened scrutiny, including academia, which provides an opportunity to re-examine related policies at Institutions of Higher Education (IHE), such as faculty-student consensual sexual relationship policies (CSRPs). Using nationally representative data from the Campus Sexual Assault Policy Project (CSAPP) (n = 448), this research sought to identify (1) the prevalence of CSRPs, (2) the types of CSRPs, and (3) whether there was a relationship betwee CSRPs and/or CSRP type and IHE sector type: 4-year public, 4-year private non-profit, 2-year public, HBCUs, and Tribal institutions. Findings show that less than half of the IHEs (44.4%) have a CSRP in place. The most common type of CSRP is limited to bans (39.19%) which prohibit faculty-student CSRs only when the faculty has direct responsibility over the student, followed by "advisory" policies (26.13%) which simply discourage such relationships. A series of chi square tests indicated no significant relationships between IHE sector type and likelihood of faculty-student CSRP policy presence (x2 (8) = 10.65, p = .22) and/or between IHE sector type and type of CSRP in place (x2 (20) = 10.65, p = .76). Implications of these findings and potential future research opportunities are discussed.

Author: Paul M. Secunda
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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A prominent law dean is forced to resign over an alleged sexual affair with a student; a writing instructor details in a national magazine his steamy affair with his married student; a student stalks her male professor after he ends their sexual relationship and the criminal stalking charges against her are only dropped when she agrees to voluntarily leave the country. Increasingly, such tantalizing scandals are making their way into the nation's daily consciousness. Yet, behind all of these shocking tales of decadence lays the very real dilemma as to how college and university administrators should regulate consensual relationships between faculty members and students. Although numerous scholars have posited various approaches to these seemingly intractable matters of the heart, none of these commentators have adequately balanced the bewildering array of overlapping faculty, student, university, and third-party interests. Furthermore, current faculty-student consensual relationship policies are either underinclusive in not providing a sufficient institutional response to troubling faculty conduct or overinclusive in ignoring the very real privacy and associational interests that individuals have in forming private intimate associations away from the workplace. As someone who teaches labor and employment law and education law, and who comes from a labor and employment law practice background, I approach the regulation of faculty-student consensual relationships from a distinctive viewpoint. Rather than focusing on highly indeterminate, and politically charged, concepts such as consent and power as most scholars and postsecondary institutions do, my approach examines the more easily discernible impact or effect that consensual relationships have on the college and university environment. The premise underlying this approach is that a college or university may only legitimately regulate the private affairs of its employees if such private conduct spills over into the academic arena and adversely affects the college or university by damaging the school's reputation, by interfering with a professor's ability to properly perform his or her job, or by causing other faculty members and students not to want to work with the offending professor. While this approach to consensual relationships is new in the college and university context, the idea of regulating these relationships based upon their impact on the surrounding workplace environment is not. In fact, there already exists an extensive body of labor arbitration case law concerning the regulation of employee off-duty conduct. For over a half a century, labor arbitrators in the union context have applied the so-called nexus principle to determine whether an employer could properly discipline or discharge an employee for private conduct away from the workplace on the employee's own time. In such cases, arbitrators have consistently held that an employer has no business interfering with the private lives of its employees unless such conduct adversely affects an employer's business interests in some relevant manner. By applying this nexus principle to the college and university environment, a number of guideposts emerge as to how postsecondary institutions should treat faculty-student consensual relationships. First, a blanket rule either permitting or prohibiting all consensual faculty-student relationships is not appropriate, as the facts of individual cases will determine whether the private sexual conduct of the faculty member has a detrimental impact on the college or university. Second, although a general rule would appear not to be possible, useful presumptions can nevertheless be established. Where the faculty member is involved in a consensual relationship with a student with whom he or she is supervising or evaluating, the presumption is that a private relationship in these circumstances is likely to adversely affect the college or university environment in some fashion, unless the faculty member can establish that the relationship in question in fact caused no detrimental impact to the college or university. On the other hand, where no such supervisory or evaluative relationship exists, the opposite presumption applies unless the college or university can establish that specific facts exist suggesting that such private conduct is directly interfering with the academic setting. In a nutshell, the nexus test supports a sliding scale approach to consensual relationships between a faculty member and a student.

Author: Anne Louise Byer-Rajput
Publisher:
ISBN:
Category :
Languages : en
Pages : 366

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Author: Michele Antoinette Paludi
Publisher: SUNY Press
ISBN: 9780791428016
Category : Education
Languages : en
Pages : 344

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An updated and expanded revision of the first edition, which received the Gustavus Myers Center Award for an outstanding book on Human Rights in the United States. Intended for administrators and faculty, it is also a resource book for individuals wanting to make changes in their campus' policy and procedures with regard to sexual harassment.

Author: Michele A. Paludi
Publisher: State University of New York Press
ISBN: 1438415419
Category : Social Science
Languages : en
Pages : 344

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Book Description
Based on her work as a private consultant, Michele A. Paludi recognized the need for an updated version of her book Ivory Power: Sexual Harassment on Campus. This need for a second edition was not only facilitated by updated case law, but also by the considerable work published since the first edition concerning training of personnel at colleges and universities and setting up policy statements and effective grievance procedures. Additional attention is devoted to 'consensual relationships' between faculty and students, a topic only touched upon lightly a few years ago. The events of the last few years at Antioch College and the University of Virginia that have stimulated discussion on peer sexual harassment also led to the need for a second edition of Ivory Power. For this edition Dr. Paludi invited the contributors ofIvory Power to update their chapters, focusing on new research, case law, and theory, and new contributors offer their perspectives on sexual harassment in the academic environment. New forewords have been added, most notable are those written by clergy--one a Methodist, one a Roman Catholic--who are dealing with victims of sexual harassment in their parish.

Author: Elisabeth A. Keller
Publisher:
ISBN:
Category :
Languages : en
Pages : 23

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Surveys of college students in the United States revealed that a significant number of students thought they had been victims of some form of sexual harassment. Growing awareness of the magnitude, dimensions, and effects of sexual harassment at educational institutions and the potential for institutional liability have prompted educators to adopt policies to avert such problems. The policies typically prohibit sexual harassment of employees and students and alert the university community to the serious effects of sexual harassment and the potential for student exploitation. Some universities have gone beyond establishing regulations directed at widely litigated problems of sexual harassment and have promulgated polices addressing the problematic issues surrounding consensual amorous relationships between faculty and students. However, such policies highlight the potential conflict between concerns for preventing victimization of students through sexual harassment and concerns for the individual's right to enter intimate relationships. This article contends that the constitutional right to privacy applies to consensual amorous relationships between faculty and students in public colleges and universities. Accordingly, such institutions must recognize this right when regulating faculty-student amorous relationships.

Author: Billie Wright Dziech
Publisher: Routledge
ISBN: 1136518118
Category : Education
Languages : en
Pages : 205

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First Published in 1998. In 1984, Billie Dziech co-wrote The Lecherous Professor, one of the first books to articulate the problem of sexual harassment on college campuses. Since that time a number of books exploring the issues, cases, and laws have moved the topic into the public eye. This work, the brainchild of a lawyer and an academic, reflects on some of the more controversial and overlooked aspects of sexual harassment and its litigation and law. Chapters cover the legal and regulatory evolution of the issue and its context in higher education at the end of the 20th century; the importance of having colleges approach policy making and harassment by analyzing their own environment; an examination of the treatment of women experiencing harassment, with special focus on women who appear unscathed by it; the situation of the male on campus and the problem of non-meritorious cases; the most familiar myths of consensual relationships and the role of bans in dealing with them; and the contention that the sexual harassment issue has exposed higher education's excesses and contradictions.

Author: Virginia Lee Stamler
Publisher: SAGE Publications, Incorporated
ISBN:
Category : Education
Languages : en
Pages : 136

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Book Description
This book will clarify issues involved in faculty-student sexual relationships. The controversy is brought into focus, and the text enlivened, by the inclusion of specific, vivid examples and antedotes, illustrating sexual harassment, power and other issues.

Author: Patricia Keith-Spiegel
Publisher: Psychology Press
ISBN: 1135640106
Category : Psychology
Languages : en
Pages : 289

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Book Description
The bk provides a discussion of the ethical dilemmas that can arise in faculty interactions w/students as well as tips on how to avoid & deal with these predicaments when they occur. It focuses on common & gray areas rather than extreme & clear cut.