Dankprofessor’s Weblog

A weblog examining sexual politics in higher education and beyond.

University of Oklahoma Health Sciences Consensual Relationships Policy

The sexual regulations beat goes on in university land; it is everywhere  and nowhere.  Seldom commented on and tacitly accepted.
So the dankprofessor now goes to Oklahoma, the University of Oklahoma Health Sciences.  Here is their policy along with my comments.
CONSENSUAL SEXUAL RELATIONSHIPS POLICY
Rationale
The University’s educational mission is promoted by professionalism in faculty-student relationships. Professionalism is fostered by an atmosphere of mutual trust and respect.
Now the dankprofessor can relate to this- professionalism fostered by mutual trust and respect. Only if such were the case.  Mutual trust and respect is an oxymoron as to what now follows.
Actions of faculty members and students that harm this atmosphere undermine professionalism and hinder fulfillment of the University’s educational mission. Trust and respect are diminished when those in positions of authority abuse, or appear to abuse, their power. Those who abuse, or appear to abuse, their power in such a context violate their duty to the University community.
Of course abusers do violate their duty to the university community.  The problem is that the people who create and promulgate these policies are abusers since they systematically violate the autonomy and privacy of students, professors and staff.
Faculty members exercise power over students, whether in giving them praise or criticism, evaluating them, making recommendations for further studies or their future employment, or conferring any other benefits on them. Amorous relationships between faculty members and students are wrong when the faculty member has professional responsibility for the student. Such situations greatly increase the chances that the faculty member will abuse his or her power and sexually exploit the student. Voluntary consent by the student in such a relationship is suspect, given the fundamentally asymmetric nature of the relationship.
Axiomatic here, ignore what students say; they can’t consent so their input is of no value re consent.
Moreover, other students and faculty may be affected by such unprofessional behavior because it places the faculty member in a position to favor or advance one student’s interest at the expense of others and implicitly makes obtaining benefits contingent on amorous or sexual favors.
Implicitly is the keyword here.  But nothing elaborated on about implicitly.  What I think it means is when an administrator or whomever believes such is the case, it is the case.  No need to prove anything; this is what a person(s) believes.  Now if the student and the prof make it explicit
that there were no illicit benefits; such does not count; can’t take the student seriously.  Now, is this mutual trust and respect?
Therefore, the University will view it as unethical if faculty members engage in amorous relations with students enrolled in their classes or subject to their supervision, even when both parties appear to have consented to the relationship.

Again, no iota of mutual trust or respect.  Everyone, almost everyone, is suspect, except of course the administrators enforcing the policy.

May 28, 2010 Posted by | consensual relationships, higher education, sex, sexual politics, student-prof dating | 1 Comment

Case Western Reserve policy on consensual relationships

Case Western Reserve has developed a rather detailed consensual relationships policy for students, faculty and staff.  It is essentially of the boilerplate genre, but it does include a couple of patently “absurd” statements; examples follow and then the dankprofessor comments.
Faculty, staff, and students may not use, in a sexual
harassment proceeding, a defense based upon
consent when the facts establish that a real and/or
implied supervisory power differential existed within
the relationship.
Wow! Consent is impossible in power differentiated relationships.  Case has
bought into the hardcore feminist position that differential power precludes consent, no exceptions. Ideologues rule here.
Compliance
It is expected that all members of the university
community comply with the Consensual Relationship
Policy. When relationships covered by this policy develop,
responsibility for reporting the relationship falls to the
person with greater supervisory authority. Relationships
covered by this policy that go unreported will be
investigated by the Faculty Diversity Office, Employee
Relations, and/or the Office of Student Affairs.
Now this one beyond the fringe, so to speak.  How can relationships that go unreported be investigated?   Will the university have undercover persons on campus who will forward secretly info on suspected couples, but such will not be reported?  The dankprofessor confesses to be totally baffled by this one.

May 28, 2010 Posted by | consensual relationships, higher education, sex, sexual harassment, sexual politics, student-prof dating | 1 Comment

Duke University and Moral Repugnance

I recently blogged on the new Duke University policy which regulates in detail Duke University students sexual behavior.  The major rationale given for such intrusion into the private lives of Duke students is that the policy attempts to insure that all sexual interaction between students is ‘absolutely’ consensual.

What the dankprofessor finds bemusing is that Duke does not apply this policy to faculty, staff or administrators.  Shouldn’t Duke be concerned that all the sexual behavior engaged in by their employees is absolutely consensual?  The dankprofessor thought it would be of interest to see how Duke handles student professor relationships and if said policy is consistent with their coercively administered sexual code.

Their 2002 policy begins with the following statement-

Duke University is committed to maintaining learning and work environments as free as possible from conflicts of interest, exploitation, and favoritism.

Where a party uses a position of authority to induce another person to enter into a non-consensual relationship, the harm both to that person and to the institution is clear.

Note that the person inducing is the person in authority; the person not in authority cannot induce.  We shall see that the rest of their policy is consistent with this since students are hardly ever seen as being agents of their own behavior.

The policy continues-

Even where the relationship is consensual, there is significant potential for harm when there is an institutional power difference between the parties involved, as is the case, for example, between supervisor and employee, faculty and student, or academic advisor and advisee.

But even when there is no power differential there is risk of harm.  On the other hand, there is also the potentiality of good- romance, love and marriage and children.  But the Duke administration can never entertain that sexual behavior is good.  They embrace the notion that sexuality is intrinsically bad EXCEPT when there is regulation from above.  Only the powers that be can protect Duke students from such evil consequences; such is why Duke passed the draconian policy regulating sexual behavior of students.

The policy continues-

…the student–teacher relationship represents a special case, because the integrity of this relationship is of such fundamental importance to the central mission of the university. Students look to their professors for guidance and depend upon them for assessment, advancement, and advice. Faculty–student consensual relationships create obvious dangers for abuse of authority and conflict of interest actual, potential, and apparent. Especially problematic is such a relationship between a faculty member and a graduate student who is particularly dependent upon him or her for access to research opportunities, supervision of thesis or dissertation work, and assistance in pursuing job opportunities.

Interesting is their assertion that relationships between grad students and faculty are “especially problematic”.  Interesting since Yale in its newly revised policy only applied blanket bans to undergraduates.  Graduate students were given more leeway since they were seen as more mature.

Duke University has adopted a consensual relationship policy for the following reasons: to avoid the types of problems outlined above, to protect people from the kind of injury that either a subordinate or superior party to such a relationship can suffer, and to provide information and guidance to members of the Duke community. Most of all, this policy seeks to help ensure that each member of the Duke community is treated with dignity and without regard to any factors that are not relevant to that person’s work.

The last sentence brings us into the land of the absurd- policy insures each member of the Duke community is treated with dignity.  Is attempting to control the sexual decision making of others dignified?  Can outright coercion of others insure the dignity of others?  This policy as formulated may help the policy enforcers to feel more dignified, and facilitate their work of attempting to take dignity away form others.

The policy continues-

No faculty member should enter into a consensual relationship with a student actually under that faculty member’s authority. Situations of authority include, but are not limited to, teaching, formal mentoring, supervision of research, and employment of a student as a research or teaching assistant; and exercising substantial responsibility for grades, honors, or degrees; and considering disciplinary action involving the student.

No faculty member should accept authority over a student with whom he or she has or has had a consensual relationship without agreement with the appropriate dean. Specifically, the faculty member should not, absent such agreement, allow the student to enroll for credit in a course which the faculty member is teaching or supervising; direct the student’s independent study, thesis, or dissertation; employ the student as a teaching or research assistant; participate in decisions pertaining to a student’s grades, honors, degrees; or consider disciplinary action involving the student.

Students and faculty alike should be aware that entering into a consensual relationship will limit the faculty member’s ability to teach and mentor, direct work, employ, and promote the career of a student involved with him or her in a consensual relationship, and that the relationship should be disclosed in any letter of recommendation the faculty member may write on the student’s behalf. Furthermore, should the faculty member be the only supervisor available in a particular area of study or research, the student may be compelled to avoid or change the special area of his or her study or research.

If nevertheless a consensual relationship exists or develops between a faculty member and a student involving any situation of authority, that situation of authority must be terminated. Termination includes, but is not limited to, the student withdrawing from a course taught by the faculty member; transfer of the student to another course or section, or assumption of the position of authority by a qualified alternative faculty member or teaching assistant; the student selecting or being assigned to another academic advisor and/or thesis or dissertation advisor; and changing the supervision of the student’s teaching or research assistantship. In order for these changes to be made and ratified appropriately, the faculty must disclose the consensual relationship to his or her superior, normally the chair, division head, or dean, and reach an agreement for remediation. In case of failure to reach agreement, the supervisor shall terminate the situation of authority.

What the dankprofessor finds to be most degrading in regards to students is that the faculty member must disclose the consensual relationship to his or her superior.  What about the consent of the student re disclosure?  What about the student’s right to privacy?  And as for a faculty member unilaterally disclosing this relationship to a so-called superior, such behavior is damning.  The faculty member who ends up as being an informant should have grownup and had the ability to say no to arbitrary authority who refer to themselves as “superiors”.

Of course, there are ethical issues involved here.  But ethics are too important to be left to an authority which imposes its will on non-consenting others.  Ethical engagement should always be at the core of university life.  But the Duke student policy and student professor sexual relationships policy do not promote ethics.  The ethic they promote is one of force; is one of authoritarianism.  Consenting sexuality of adults is too important, too private to be controlled by university administrators, no matter how superior they consider themselves to be.  The dankprofessor feels that university administrators who end up being part of a sexual police are utterly morally repugnant.

May 16, 2010 Posted by | consensual relationships, Duke University, ethics, higher education, privacy, sexual policing, sexual politics, sexual rights, student-prof dating, Uncategorized | Leave a comment

The banning of student prof sex at Colorado College

Cypher Magazine reports on the adoption of a faculty student consensual relationships policy by Colorado College. Following are the key parts of the text of this article as well as my comments.  As you shall see, parts of this policy differ from those colleges which have attempted to ban “sexual or amorous” relationships between students and professors.  This policy and the rationale for said policy merit a detailed critical review.

The policy was created in part to ensure that no sexual relationship between a faculty member and student would “detract from the main goals of the institution,” as the policy outlines. The dynamic of a professor-student relationship could create an uncomfortable atmosphere for other students in a class, and could influence a professor’s capacity for fair evaluation. Regardless of whether or not the faculty member supervises the student, the relationship is inevitably characterized by an unequal distribution of power. Feminist and gender studies professor Eileen Bresnahan confirms that, “One of the problems that the college has had is professors sleeping with undergraduate students where there is a big age difference.”

Interesting, does Bresnahan believe there is no big problem when students and profs are of a similar age?  If so, then why doesn’t she and others advocate a ban for age differentiated relationships?  I guess they are inhibited from reducing students to a “kids” or “children” status.  In any case, universities do not formally invoke an age ban, but as I have argued previously many academic women embrace the banning movement because they feel threatened by younger women taking “their” men.  Unquestionably, if there was a proposal in the wider society to ban older men/younger women relationships, a number of “older” women would embrace this idea.  But such will not come about; it will come about in the universities under a different guise.

While the issues of evaluation and equity between parties are problematic, some faculty members insist that the policy should not prevent the possibility for close student-faculty relationships. The question arose as to where the line should be drawn between friendly and inappropriate relationships between students and faculty members. Faculty members displayed concern for this issue at the third block meeting as they became engrossed in a debate over the meaning of the word “amorous,” and eventually voted not to include this word in the policy. Along with several of his colleagues (both male and female), English professor George Butte rose to the microphone to argue against the use of the word amorous because of its possible implication of friendship. Other faculty members defended their freedom to distinguish students on the basis of academic merit and talent and, in some cases, to meet with them outside of class. Some professors wished to maintain the right to meet privately with students struggling with class work.

Professor Butte understands the dynamic here.  Banning amorous relationships goes way beyond the sexual area. As I have indicated previously, student professor bans have become an outright attack on love between students and professors.  And an unfortunate byproduct of this is that non sexual close relationships between students and professors become increasingly suspect and consequently impersonal.

But the word “amorous” seems to suggest romantic attachment, something distinct from student-faculty friendship. Sociology professor C.J. Pascoe explains, “There was some back-and-forth among faculty members [as to whether the policy] should be just about sexual topics or sexual and romantic topics.” Pascoe says that a number of faculty members wanted the policy to prohibit romantic interactions. But by voting to remove the word “amorous” from the policy, the faculty chose to condemn only relationships in which students have physical relations with professors. The word “amorous” would have allowed the policy to address romantic relationships between students and faculty members whether or not evidence of sex was present.  Ultimately, faculty voted to abolish this word from the policy. There are multiple reasons behind the decision, but, according to Pascoe, “There are some faculty who would prefer not to see emotional entanglements legislated.” By voting not to include the word “amorous” in the Consensual Relations policy, the faculty is consenting to romantic relationships as long as they are not sexual.

Yes, such is the nature of the consent, but they are also consenting to the idea that close relationships between students and professors are not antithetical to the ethos of liberal arts colleges; such is consistent with the idea that students and profs are part of a teaching/learning COMMUNITY.

But the dankprofessor also wants to be completely open here in the acknowledgement that dropping amorous from the code also functions to protect those professors and students who are in a sexual relationship.  The reality is that in student professor sexual relationship cases which come to the attention of university authorities such does not occur as a result of observing a prof having sex with a student; sexuality is inferred from the observations of behavior reflecting closeness and intimacy.  When amorous is dropped from the code, then the assertion that the student and professor were in sexual congress can simply be denied.

In the case of Colorado College, the college drops the whole appearances argument which is that the appearance of intimacy was sufficient to bring charges; all one had to prove was that the appearance had occurred and not the reality of sex.  Many universities have consistently argued that the appearance of so-called inappropriate relationships is just as damaging as actually relationships.  Of course, what they had in mind is that it is damaging to the reputation of the college. Whether such is really damaging to the reputation or prestige of a college or university is problematic, and more importantly reputation or prestige issues should not be ground for suspending persons basic civil liberties.

Another component relating to the elimination of the amorous clause may be the most important one which is that these rules supposedly come into being to avoid conflict of interests and to insure fair and impartial grading.  Implicit and sometimes explicit is the notion that close relationships supposedly threaten impartial grading.  Colorado College rejects this notion by prohibiting sexual relationships but not amorous or close relationships. The dankprofessor has argued that these bans are fueled by an anti-sexual component; remove the anti-sexual component and the fervor to pass these rules diminish.  The usage of conflict of interest simply is a smokescreen used to further said anti-sexuality.  And CC has removed said smokescreen and presented their policy as a policy to eliminate student prof sexual relationships.

While other small liberal arts colleges passed policies regarding student-faculty relations years ago, CC faculty long struggled to accept such regulations. Ragan confirms that “we are the last of the top twenty-five liberal arts colleges” to pass such a policy regarding student-faculty relations. Williams and Carleton approved sexual conduct policies regarding faculty/student relationships in 1990 and 1992, respectively. Both schools have revised them since. When Pascoe arrived at CC a year and a half ago, she said that she was “horrified” to find that the college had no policy regarding faculty/student relationships. Bresnahan confirms that CC was not oblivious to the problem and has been working to engineer a policy since she joined the faculty eleven years ago. The policy simply has failed to pass until now.

Now why would Pascoe who is an accomplished sociologist be horrified by the lack of a student professor policy banning sex?  I would love Professor Pascoe to elaborate on the nature of her being horrified.  As for the policy not passing muster until now, the dankprofessor view is that such an invasive and ill advised policy should never pass muster.

There are several reasons behind the CC administration’s delay in acknowledging problems surrounding sexual relations between students and faculty. Ragan explains that the “liberal spirit of individualism at this school” may be partially responsible for the delay in formalizing a policy.  This value may follow the Enlightenment belief that all adults are equal and should have the freedom to rationally pursue their interests. Following the block three meeting, one male faculty member complained to me that the administration should not police student/faculty relations because both parties are adults. This contention aligns with the attitude that CC students and faculty alike are mature adults. Accordingly, they should maintain the freedom to pursue relationships with whomever they choose.

Yes, yes and yes again in reference to the prior paragraph. Enlightenment values, the right of adults to choose their dates and mates should not be subject to infringement by the powers that be.

Pascoe, who teaches the class “Sociology of Sexuality,” finds the assumption that professors and students stand on equal ground in pursuing and maintaining sexual relationships with one another to be flawed. She contends that, across the nation, “Historically, we have seen male professors abuse their power with female students.” This is not to say that the policy does not apply to female professors. But it exists primarily to confront a problem in a society in which, according to Pascoe, “men hold more power than women.”

Assuming Pascoe is correct that persons in the higher position are prone to abuse persons in the lower power position, what Pascoe advocates in no way changes the power dynamic. Such is the case since now we have administrators who become sexual police in the exertion of their power over students and professors in the most intimate and private aspects of their lives.  Pascoe must know that to effectively enforce sexual codes of the sort under consideration here, such can only occur in totalitarian police states.  Or maybe she is in a state of denial, denying that setting up a bureaucratic process  to take away the right of students and professors to have a sexual relationship has nothing to do with taking away the power of both students and professor.

Bresnahan provides an additional explanation as to why CC has hesitated to pass a consensual relations policy. She points to the fact that “a lot of faculty are married to people who used to be students.” According to Bresnahan, these relationships typically form between a male faculty member and a former female student. “The place is run by an old boys’ network,” she argues. “I think women have a hard time being heard here in terms of women’s concerns. If women speak the right language they can be included, but not if they speak as women.”

But Bresnahan does not hear the women who as students married a faculty member.  In fact, she overtly insults them as being pawns in an old boys network.  I guess their children end up being pawns as well.  I suggest that Bresnahan  needs a little consciousness raising.  Such may lead her to consider the possibility that in her own classes she may have a student who was a child of a former student and professor and now she is taught that her dad was a part of an old boys network and such is her reason for being.

This suggests that there exists a larger problem regarding equality among faculty members at CC. Bresnahan says, “The fact that these documents have not been passed until now is indicative of the chilly climate towards women at CC. Women faculty are not empowered at CC. If they [speak as women], they are shot down, marginalized, and ostracized.”

Bresnahan has spoken and is a woman and she seems to be quite alive and well.

It is clear that a variety of issues lie behind CC’s slow passage of the Consensual Relations policy. The issues of individual choice and gender inequality probably both played a role, and it is difficult to pinpoint just one event to which the college is reacting. The passage of this policy may be, in part, a response to the fear of litigation.

While CC passed this policy in the wake of other similar schools, it opted to completely prohibit sexual relationships between any enrolled student and faculty member—even if the student is not under the evaluative auspices of the faculty member. Williams passed a similar policy in 1990, but chose to only prohibit faculty from engaging in a sexual relationship with a student they had supervisory or evaluative authority over. Williams did not exclude the possibility for consensual relations between a student and faculty member. The Williams College Employee handbook from 2006 states, “Anyone in a position of institutional authority over other persons should be sensitive to the potential for coercion in sexual relationships that also involve professional relationships” [emphasis added]. Unlike CC’s policy, Williams’ specifies the need for sensitivity and good judgment on the part of the faculty, rather than mandating complete prohibition. This difference in approach raises the issue of whether or not CC is reacting too stringently to the pressure for a consensual relations policy.

Bravo to Williams College.  And, yes CC is reacting too stringently.  But I guess it is a matter of perspective.  Such stringent codes will most likely mellow out Professor Pascoe who as previously indicated is horrified by the lack of such codes.

The policy suggests that the College will not force the termination of a relationship, only that it demands the faculty member involved to report “the consensual relationship” and not to serve as a supervisor of that student. This clause reflects an inconsistency in CC’s Consensual Relations policy. While the policy claims to “prohibit” any sexual relationship between a student and a faculty member, it qualifies this claim by stating that the faculty member must report the relationship in order to avoid punishment.

By approving a consensual relations policy, CC remains consistent with standards of other liberal arts colleges.  In passing this regulation, CC is demonstrating its commitment to an academic experience where neither faculty nor students are distracted by sexual dynamics. But as one female student who wishes to remain anonymous explains, “Putting a limit on the potential development of student-faculty relationships conflicts with the possibilities for intellectual exploration. Sexuality is not a barrier to the academic experience, but an expression of it.”

Oh, my God, does the writer really believe that the adoption of this code will lead to professors and students not being distracted by sexual dynamics?  In the classroom and outside of the classroom, men and women will be attracted and distracted to each other, this includes men being attracted to men and women being attracted to women.  No matter what Colorado College does or does not do, the distraction of attraction will continue there unabated.

And the student who stated the following at the end of the article is right on- “Sexuality is not a barrier to the academic experience, but an expression of it.”

March 21, 2010 Posted by | Colorado College, consensual relationships, fraternization, higher education, sexual policing, sexual politics, sexual rights, student-prof dating | 1 Comment

The university attack on love

In recent years there has been a major change in university policies banning student prof sexual relationships.  The change has been the incorporation of “sexual or amorous” relationships.  Almost all new or revised statements incorporate amorous relationships, eg, the new Yale statement incorporates amorous.  And this change has been without critical comment.

The dankprofessor has been delinquent in addressing the incorporation of amorous.  No longer will such be the case.

OK, let’s start out by being quite clear that these policies do not state sexual AND amorous; it is sexual OR amorous.  So said policies definitely cover relationships that may not have a sexual component.  This hugely increases the size of the population covered by the anti-fraternization policies.

We all know that being in love, that falling in love can occur without sex.  And we know that some loving couples do not engage in sex because for one reason or the other they feel the time is not right.  And some loving  couples believe that their relationship should not be consummated until marriage.  The makers of these policies know this, including the erudite members of the Yale Women Faculty Forum who play a critical role in creating Yale policy.

So are we really confronted here not just with a war against student prof sex but also a war against student prof love?  On the surface, the answer is yes, but there is more, much more.

The reality is that if there was just a ban on sex between student and professors, many couples would be untouchable.  They would be untouchable because they could simply deny having sex and there would be no one available who could dispute this.  Faculty and students come under suspicion based on words and deeds, and appearances.  Loving words, walking too close to a student, being seen too often with a student, having dinner with a student, notes of love to a student, loving emails to a student,  a look of love directed toward a student or a look of love directed to the professor, this is what gets people in trouble.  The assumption that underlying all of the foregoing is sex is just that- an assumption.

And, of course, what the amorous clause does is to not make it necessary to prove that sex has occurred.  For the accusers, staying at the amorous level is just fine.  Being found to be amorous with a student makes one a sex code violator.

But there is still more. What the amorous clause does is to make all close relationships with a student suspect.  And therefore to diminish the possibility of becoming suspect many faculty refuse to be close with any particular student.  Or for some profs playing it safe means that all interactions with students occur in a group context, never on a one to one basis.  Sure having lunch with a student is OK as long as there are others who are partaking in said lunch.

 It comes down to professors keeping their distance, and student professor couples becoming more and more closeted.  Such is the nature of contemporary university life.

January 3, 2010 Posted by | consensual relationships, ethics, higher education, love, sex, sexual harassment, sexual politics, student-prof dating, Uncategorized, Yale University | Leave a comment

Review of ROMANCE IN THE IVORY TOWER

Out of the Campus Closet: Student Professor Consensual Sexual Relationships

Review of Paul R. Abramson: Romance in the Ivory Tower: The Rights and Liberty of Conscience, MIT Press, 2007, 176 pp

Reviewed by Barry M. Dank aka the dankprofessor

The original publication of this review is located at www.springerlink.com

doi:10.1007/s12119-007-9016-4

http://springerlink.com/content/h0p31881164gx627/?p=6a5651624c114ad6a292692d97422be2&pi=0

Forthcoming in SEXUALITY AND CULTURE, Vol. 12 #1, March 2008, pp. 68-70

Might one be engaging in utopian thinking if one believes that universities, particularly American universities, are places where matters relating to conscience and liberty and freedom of association are taken very seriously? The answer is unequivocally yes since most American universities are no longer a refuge for persons believing in and wanting to act on these values, values which have been integrally linked to the American ethos. Rather than being a refuge for these values, American universities have embraced authoritarianism with a vengeance, discarding freedoms that have been held by many as taken for granted freedoms guaranteed by the Constitution.

Nowhere have these constitutional rights been more flagrantly violated than on American campuses where there have been concerted efforts, and generally successful efforts, to formally ban intimate sexual and romantic relationships between students and professors. Hardly any of the campus advocates for these bans have given any credence or recognition to the possibility that their agendas represent violations of civil liberties in any form. They have effectively disguised their attack on basic freedoms as a form of protectionism with their feminist engendered slogan that differential power precludes consent, which comes to be equated with the idea that students, particularly female students, are unable to consent to any form of sexual relationship with almost any professor since professors always are in a higher power position. Even if a female student should protest that her consent was given freely, the campus authoritarians believe that they know the mind of the student better than the student does, and that their will must replace the will of the incapacitated student.

The disputation of such views has not facilitated an open and polite exchange of ideas. Rather dissenters have been usually viewed as lecherous professors, whether they are male or female, who wish to have free rein for their alleged predatory behavior. In one way or the other campus sexual code dissenters are considered to be morally suspect while the sexual code advocators and promulgators are held to be above suspicion. Or, to put it in other terms, sexual banning supporters are held to be academic insiders while the banning dissenters are held to be dissident outsiders, outside of the post-modern, feminist ideologies of the day.

With the authorship of Romance in The Ivory Tower: The Rights and Liberty of Conscience, UCLA psychology professor, Paul R. Abramson, has fully entered into this fray as an outsider holding that campus predation has run amok in the form of academics discarding basic constitutional guarantees in their quest to “protect” and control both students and professors. Professor Abramson argues that the control they want is to prevent adults on university campuses from choosing whom they date, whom they love, whom they choose as romantic partners. In his words, “Choosing who we love, even on a university campus, is no less a fundamental part of choosing how we live.” And such is a choice that cannot in principle be taken away by university authorities since the power to make the choice resides in the parties directly engaging in the choosing. He notes that “For all intents and purposes, many universities throughout the United States have determined that the power is theirs to wield. This book challenges that assumption, arguing instead that the power is unquestionably within the province of the individual…”

For Abramson, taking away the individual rights of conscience is a direct attack on the autonomy of the individual. Rights of conscience go beyond matters of religion and “…can be extended to all matters of substance that require serious deliberations about right and wrong, consensual sex and romance included.” In Abramson’s view, this individual right of conscience should protect the “…right to make romantic choices without interference or refutation by governmental and institutional authorities.” And very importantly, the author argues that this right is embedded in the Constitution in the form of the Ninth Amendment which holds that “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” And Abramson holds that the right to romance is one such important right that is protected by the Ninth Amendment. For those who might argue that the right to romance does not reach the level of importance meriting constitutional protection, he responds in the following terms: “Romance…is a quintessential right retained by the people. It is no less essential to our well-being and happiness, I assert than freedom of speech. It is hard to imagine liberty without either right. Furthermore the right to choose a romantic partner is a prerequisite right to romance itself. Romantic choice is therefore the vehicle via which we exercise romantic freedom.”

In terms of defending this interpretation of the Ninth Amendment, Abramson heavily relies on the writings of our nation’s founders, particularly Jefferson and Madison with the greatest emphasis put on Madison. For Madison, the protection of unenumerated rights of the people via the Ninth Amendment is of crucial import. If such was not the case, the governmental authorities can do just about anything to their subjects unless such was specifically forbidden by the Constitution. And for Madison and Abramson and for this reviewer, the people should not be subject to the unrestrained arbitrary impositions of a government without constitutional authority. In essence, Abramson takes seriously the notion that citizens are not subjects to be experimented upon, that their will to decide, reject or consent cannot be removed from above. And throughout this volume, the author is ethically engaged as he hopes that the citizenry in general be ethically engaged since for him it becomes axiomatic that an ethic imposed from above is a form of authoritarianism and such authoritarianism should not be employed to mandate what people believe or how people act.

Nor does Abramson hold that matters of individual liberty and autonomy are without ethical and legal constraints. Conduct harmful to others is not protected conduct. Abramson embraces John Stuart Mill’s perspective “…that society should only protect its citizens from harms that violate rights. Liberty prevails until someone’s rights have been violated.” Abramson does recognize that the boundaries defining what behaviors actually represent harmful behavior in the Millsian sense can be quite ambiguous. But for Abramson when it comes down to the issue at hand, there is no question that dating, including, of course, dating between students and professors is a “fundamental life choice.” And that “Most serious romantic relationships, in fact, begin with a date. It is therefore a necessary prerequisite to the intimate side of life.”

Of course, no matter how elegant he is in the presentation of this viewpoint, and in this reviewer’s opinion, he is quite elegant, almost all persons advocating banning student professor sexual relationships will not be impressed since generally they are not impressed by any sort of intellectual dissenters from their ordained truth. What Abramson is facing when it comes to this issue are many persons who are on a moral crusade, and will attempt to deal with him not simply by trashing his ideas but by trashing his very personage. The Chronicle of Higher Education was one of the first media sources to provide pre-publication coverage of the Abramson book and presented an interview with Abramson which functioned on the whole to provide an accurate depiction of his forthcoming book. But what the CHE also did was to publish an adjacent full-page picture of Professor Abramson. Initially I was perplexed as to why the CHE devoted so much space to Abramson’s picture; after all, Abramson was not a celebrity, much less an academic celebrity. But then I learned what I believed to be the reasons for the picture publication, and my learning was based on the reader forum that followed said publication in which so many readers were not concerned with the content of the interview but rather were concerned with the picture of Abramson which came to represent for them Abramson as a predatory and lecherous professor or as one reader commented “…looks like a letch right out of central casting.” This photo was enough for all too many of the CHE readers to simply dismiss Abramson and whatever he had to say. Unfortunately, appearances do count when they should not, and all too often trump the possibility of intellectual analysis and critical thinking.

Pre-publication dismissals of Abramson’s book have generally not reflected any careful scrutiny of the issue, but rather have generally been based on snap judgments and intensely visceral reactions. For example, one blogger wrote that Abramson will apparently do everything to justify sex between students and professors. “Thus, man will do everything to rationalize, normalize, legalize, and excuse everything; such as having sex with a professor…He (the professor) does not want to be told that sex between a student and an adult are wrong.” Of course, Abramson is not telling anyone that sex between and adult and child is right, morally or legally. However, the dilemma facing Abramson is that many persons in the general population and in universities will engage in a default assumption translating student into child, professor into adult and therefore feel that they are dealing with sex that cannot be consensual, since one party to the “relationship” is always a child; no matter what the age, student is equated with child. Such thinking most likely goes back into childhood when the teacher is always the adult and the student is always the child. Many persons just cannot get beyond this framework. This is also reflected by the tendency of some professors and some administrators referring to students as “kids” or “my kids,” regardless of age.

Abramson is aware of the stereotype of the student professor sexual relationship as representing “the lecherous male professor seducing gullible female undergraduates.” He is also aware of the writings and influence of Catherine Mackinnon and her thinking that all workplace romantic relationships represent sexual harassment. What Abramson does fail to represent is that the notion of the female student unable to provide consent was originally popularized by Billie Dziech and Linda Weiner in their 1984 book The Lecherous Professor: Sexual Harassment on Campus. It was this book that became the sacred book for campus feminists and part of the often repeated rant that differential power precludes consent. It was in this context that campus feminists fueled the banning movement in the framework of repeatedly infantilizing female students and presenting female students as victims in the same sense that children are victims of adult male predators. It was this feminist vision that fueled the banning movement and was ultimately combined with the assertion that when professors teach or supervise a student and engage in a sexual relationship with a student then it becomes a conflict of interest.

Abramson does attempt to deal with the conflict of interest issue in the context of the professor engaging in impartial grading of a student with whom he has a sexual involvement. In order to preserve the appearance of impartial grading, Professor Abramson suggests that a colleague may be asked to intervene to provide a third party evaluation of the student. I consider third party evaluation to be problematic since the sexually involved student ends up being treated differently than all other students who are graded by the same professor. In principle, in terms of the course requirements and course process, students should not be treated in any way differentially based on their relationship, sexual or otherwise, with the professor. Invoking matters of appearances is not an adequate rationale for differential treatment. Also, in many cases the usage of a third party evaluator is an impossibility since grading is often in part based on what happens in class, such as class participation, in-class projects, etc. Abramson does not go beyond suggesting third party involvement. As Professor Abramson indicates, some universities operate under a coercive disclose and dispose policy which means that the professor must inform the appropriate administrator of the situation, and said administrator then disposes of the situation with absolutely no consideration given to the privacy and the right of the student to non-disclosure.

But conflicts of interest issues are not the core fueling the banning movement. Professor Abramson knows that professors in general are not wracked out over conflict of interest issues. Professor Abramson also indicates that professors engage in myriad forms of favoritism that are not at all emotionally tinged. For example, students enrolled in a professor’s class may be a daughter or son of a colleague or even one’s own son or daughter or a friend or a relative of a friend, or a professor may preach feminist sister solidarity or racial solidarity while grading students who are not part of his or her group or a professor may engage in out of class political demonstrations with likeminded students and prejudicial grading hardly ever becomes an issue. Professors emotionally committed to banning student professor relationships are not conflict of interests obsessed; they are sexually obsessed; obsessed with stopping other professors from engaging in what they consider to be sexual abuse of female students/children. And therefore all of the good legal and historical analysis by Professor Abramson becomes an irrelevancy for them because they see the subjects of these professors as being in an incapacitated state, a state where consent is an impossibility, a state where the subjects must be removed from the power of the offending professor and taken out of the classroom and where the demand is that the lecherous offending professor be removed from all classrooms.

Professor Abramson bemoans the fact that so few professors have spoken out against such sexual banning, particularly the lack of public professorial critiques of the impending UC policy which was passed in 2003, and banned romantic relationships by professors with students who they supervise (teach) and students who are in academic areas in which there is some likelihood that the professor may be their teacher at some future time. Abramson in his 2003 Los Angeles Times Op Ed piece was one of the few UC professors publicly speaking against the impending policy. Abramson notes that student and faculty protest against the UC policy did not even occur at UC Berkeley where protests are almost a fact of everyday life. However, he does fail to note that UC Berkeley Professor of English Catharine Gallagher did initiate a protest of this policy after its passage and was joined by other UC Berkeley faculty in petitioning the UC Berkeley Provost, but the Gallagher protest and petition was too little and too late.

Professor Abramson understands that one of the major reasons there were so few faculty voices raised in protest is that “dissenting” professors are on the whole afraid, afraid of being treated as suspect, afraid of being treated in sexually objectified terms in the manner similar to how Professor Abramson has been treated. And, in fact, I believe that untenured professors at UCLA or at whatever university, whether it be an elite or not so elite university, are extremely unlikely to speak out. Even as a tenured professor and as professor who has strongly spoken out against these sexual bans, Abramson still has some trepidation about being presently identified as a sexual code violator as indicated by his publicly stating that he is out of the dating game, that he leads a staid married life and that at one time, 20 or so years ago, he did have a couple of relationships with students, but now he is beyond that, therefore he is OK. If Abramson takes his ideas seriously, he would be eager to state I am OK now and I was OK then. And I do understand the dilemma that if a UCLA professor wrote a book of the sort of book Abramson wrote and he stated that he presently dated students and such was OK, he would then end up being investigated and probably charged with violation of the UC sexual code.

However, even if there has been minimal response by academics critiquing these fraternization policies, and few persons doing empirical research on faculty student sexual/romantic dyads, Professor Abramson should still have done a more thorough review of this literature and reported on the highlights of this literature and indicated what he considers to be most germane to his concerns. For example, in the area of research on faculty student relationships, he could have cited two important empirical studies of student professor relationships (Bellas and Gossett 2001; Skeen 1983) as well as citing numerous scholarly critiques (Dank and Alberquerque 1998; Dank and Fulda 1998; Hooks 1996; Kincaid 1999, 2000; McWilliam 1996; Nehring 2001; Olivero 1994; Patai 1998, 2002; Pellegrini 1999; Pichaske 1995; Refinetti 2001; Tittle 1998).

Abramson rejects the notion that at the core of the movement to prohibit professor/student relationships is an emotional sexual dynamic which is fueled by an underlying child, adult sexual predator imagery. Rather Abramson embraces the idea that “The real reason for these prohibitions…is that universities want to further reduce their liability in civil lawsuits-no sex and romance means no negligence.” Such represents the idea that this movement to ban student professor relationships simply is an instrumental, rational based policy to save universities money. I do not deny that some academics support the banning policy for this reason, but the supporters of banning at UC have not cited any case in which UC was sued in whole or in part relating to a consensual relationship between a student and a professor. And Abramson does not cite such a case. And as Professor Abramson indicates the case employed by ban supporters to get this policy adopted dealt with an off campus sexual assault against a student by the dean of the UC Boalt law school. The invocation of the UC Boalt law school case demonstrates the mental gymnastics that UC ban supporters had to go through to implement their policy; as Abramson notes there were sexual assault laws on the books in California via which the dean could have been prosecuted. The bitter reality is that to get this policy implemented, the supporters had to assault the idea that sexual consensual relationships between adults and sexual assaults are not interchangeable.

For academia as a whole and for the population as a whole, if one takes the sexual out of this anti-sexual policy, interest in the policy would become just about nil. But the sexual component cannot be taken out of this policy. Sexual meddlers and crusaders would not tolerate it. Just as the prohibition of prostitution has never been about the state saving money, nor the prohibition of homosexual acts between consenting adults has ever been about the State saving money, the prohibition of student professor relationships has never been just about universities saving money.

Ultimately the issue is what can save our universities from the moral crusaders, no matter what causes and ideologies the crusaders may embrace. In his book, Professor Abramson has taken an important initial step in terms of elucidating the importance of adhering to basic constitutionally guaranteed sexual civil liberties and sexual rights in American universities. Vigilance in the area of civil rights and liberties is crucial if authoritarian interventionists are to be prevented from controlling the most intimate aspects of persons’ lives. But such vigilance must also be combined with an understanding of the social psychological dynamics propelling true believers to seek to control the sexual lives of others. If we are to succeed in affirming and protecting the value of conscience and liberty, those opposing these values cannot be allowed to pass themselves off as feminists just trying to protect those who supposedly cannot protect themselves, or university administrators just engaging in fiscal savings; they must be confronted and critiqued at every possible opportunity and exposed as authoritarians whose power and control agendas are antithetical to the ideals of higher education.

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References
Bellas, M. L., & Gossett, J. M. (2001). Love or the lecherous professor: Consensual sexual relationships between professors and students. The Sociological Quarterly, 42, 529-558.

Dank, B. M., & Alberquerque, K. (1998). Banning sexual asymmetry. Electronic Journal of Human Sexuality, 1.

Dank, B. M., & Fulda, J. S. (1998). Forbidden love: Student-professor romances. Sexuality and Culture, 1, 107-130.

Hooks, B. (1996). Passionate pedagogy: Erotic student/faculty relationships. Z Magazine, Mar 1996 (pp. 45-51).

Kincaid, J. (1999). Power, bliss, jane and me. Critical Inquiry, 25(3), 610-616.

Kincaid, J. (2000). Critical response. Critical Inquiry, 26(3), 615-618.

McWilliam, E. (1996). Touchy subjects: A risky inquiry into pedagogical pleasure. British Educational Research, June 1996 (pp. 305-307).

Nehring, C. (2001). The higher yearning: Bringing eros back to academe. Harper’s Magazine, Sept 2001.

Oliviero, T. H. (1994). Strange bedfellows, thoughts on the bans against faculty-student relations and how they can hurt us. Radical Teacher, Winter 1994.

Patai D. (1998). Heterophobia: sexual harassment and the future of feminism. Lanham: Rowan and Littlefield.

Patai, D. (2002). Academic affairs. Sexuality and Culture, 6, 65-96.

Pellegrini, A. (1999). Pedagogy’s turn: Observations on students, teachers and transference-love. Critical Inquiry, 25(3), 617-625.

Pichaske, D. (1995). When students make sexual advances. Chronicle of Higher Education, 24 Feb 1995 (pp. B1-B2).

Refinetti, R. (2001). Sexual correctness in academia: The case of the professor. Sexuality and Culture, 5(2), 91-94.

Skeen, R. E., & Nielsen, J. M. (1983). Student-faculty sexual relationships. Qualitative Sociology, 6(2), 99-117.

Tittle, P. (1998). On prohibiting relationships between professors and students. Sexuality and Culture, 1, 131-149.

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If you wish, you can write to me directly at dankprofessor@msn.com
Guest commentaries should also be submitted for consideration
to the same email address.

Barry M. Dank aka the dankprofessorTM
© Copyright 2008

March 2, 2008 Posted by | consensual relationships, ethics, feminism, fraternization, higher education, ivory tower romance, reviews, sexual policing, sexual politics, sexual rights, student-prof dating | 4 Comments

Female student speaks of her relationship with a professor

Returning to the University of Southern Maine student newspaper story about student professor consensual sexual relationships, the story focused on the experiences of Rebecca, a student, who is in a four year relationship with a professor.

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“When I walked into class, it was like, ‘this guy is my teacher,’ and it’s different than outside,” she said. “He never gave me preference, and since I was very good at the subject anyway, I knew, and it was obvious to everyone else, that I earned my grades.”

Her relationship, which began four years ago, has gone unreported to anyone of supervisory power over the professor, because by the time their friendship had evolved into something bigger, the couple saw no need for the ‘mediation’ provided by the university’s policy-they had already established boundaries for themselves, and she was no longer his student.

While she says that the relationship is great, she still struggles, because she has been forced to lie about it for so long: “It sucks to connect something I’m so uncomfortable about to something that makes me happy.”

It has affected her friendships and family relationships, because she is never able to be fully open about her life – even her two best friends don’t know about it.

“My time with him and the rest of my life are completely separate realities,” she says, “When they cross, it’s really uncomfortable, and I get paranoid.” She has also come to realize the affect it has had on her college experience, removing her from the social situations that most students traditionally become a part of.

The secrets have been painful. Her friendships, old and potential, have suffered, and there’s a constant paranoia ­­– for his sake — that it will somehow come out.

“But at the same time,” she says, “I’ve had a blast! You think about it, he’s my boyfriend. I love him. And four years! That’s the longest relationship I’ve ever had.”

Rebecca puts a knuckle between her teeth and tugs at her collar with the other hand, looking at me with a sideways glance that is almost coy, “I was just sort of taken by him, his looks, and his intelligence – sometimes I think the bad outweighs the good, but, I’m still with him. I mean, he’s awesome, he’s the best!”

She pauses and smiles, straightening her neck. After a minute, she begins again, “The biggest thing is that I still have a lot of respect for professors – if anything, it has made me realize that really, they have the same issues everyone else has, they’re just people.”

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What the dankprofessor finds most disturbing about this relationship is the secrecy. Neither the professor nor the student feel they have the option of integrating this relationship into the rest of their lives. Possibly, they are misjudging the reactions of others. During my 35 year career as a professor I dated many students and former students, and I met many of these students’ parents and siblings. And never did I find that parents were not accepting of their daughter’s relationship with me. Such was the case even when there was a significant age differential. Not one parent objected to the fact that their daughter was dating a professor. In fact, the reaction was just the opposite to rejection, it was enthusiastic acceptance. The reality was that I often found myself dating a very interesting woman and befriending her very interesting parents. It was a plus plus situation.

But universities which have these problems are not interested in hearing about parental acceptance. Advocates of these relationships do not want them to exist and if they do, they want them to be in the closet.

At the University of Southern Maine, an administrative apparatus has been set up which investigates complaints relating to student professor dating. As reported in this article: “Any concerns about sexual harassment or preferential treatment stemming from student-faculty romance are taken to the Office of Campus Diversity and Equity, which investigates all discriminatory complaints at USM. For the past couple years, the office has not received any complaints of this nature. The 2004-05 school year saw three complaints, and in 2003-04 there was only one.”

Obviously the parties to these relationships do not report to the appropriate authorities since it is likely that both parties to these relationships do not feel they need administrative regulation and do not feel that the administration is their to help them navigate thru the terrain of university life.

However, USM administrator Daryl McIlwain disagrees with my analysis, according to him “probably most issues are not reported, for fear of the grade or because they don’t want to cause problems for the faculty member or draw embarrassing attention to themselves.”

However, the dankprofessor believes it is the fear of administrators such as Daryl McIlwain which leads couples not to report. And based on the input I have received from couples around the nation, I would advise couples never to report. Better to deny than to report to the campus authoritarians. I have heard too many stories of couples feeling utterly betrayed by the powers that be who end up violating the confidentiality of the relationship and often demean both the student and professor.

—–
If you wish, you can write to me directly at dankprofessor@msn.com
Guest commentaries should also be submitted for consideration
to the same email address.

Barry M. Dank aka the dankprofessorTM
© Copyright 2008

February 14, 2008 Posted by | consensual relationships, ethics, fraternization, higher education, secrecy, sexual policing, sexual politics, student professor dating, student-prof dating, Uncategorized, University of Southern Maine | 3 Comments

   

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