The University of Utah Faculty Senate has endorsed a sexual-harassment policy that would prohibit consensual relationships between teachers and students and ban offensive language.
Senate members voted overwhelmingly Tuesday to adopt the policy, which is intended to give professors, students and staffers a clearer definition of sexual harassment and to outline procedures for complaints.The university already addresses harassment in its discrimination policy, but heightened sensitivity about the issue and an increase in claims prompted the school to address the issue directly, said Kaye Coleman, director of the school's Office of Equal Opportunity-Affirmative Action.
University officials contend it protects the First Amendment rights of students, faculty and staff.
Economics professor E.K. Hunt is skeptical and opposes the policy, which will go before the school's trustees and the state Board of Regents.
Hunt fears his course on offensive language will run afoul of the new policy, and he also objects to the ban on romantic relationships when the faculty member has any direct professional responsibility over the student.
"It seems to me unconstitutional to prevent people from having consensual relationships," said Hunt, who is not a member of the Senate. "Let's face it, most people get sexually involved with people they know, and professors and students know each other and not that many other people."
According to the policy, such relationships are unwise "because of the imbalance of power" between the professor and student.
Mathematics professor Don Tucker said engaging in such a relationship may be foolish, but it is not harassment. He said the policy presumes guilt on the part of the professor "and that goes against the American system."
Reba Keele, dean of undergraduate studies, said many professors do not understand the power they have over students. They may view themselves as egalitarian, but ultimately they assign a grade or affect the student's future in other ways.
The policy is needed to protect students from an abuse of that power, but it also contains protections for the professors, Keele said.
"(Hunt) acts as though the policy contains no due-process provisions," she said.
She also said Hunt would be protected from complaints about his class because he can demonstrate that the language is relevant.
The policy targets the professor who would use a Playboy centerfold in anatomy class, or gratuitous foul language, she said.
Hunt said he has received mixed signals on whether swear words would be permitted in his class. He argues the policy ultimately could hurt the people it is intended to protect.
"Any rule or law that severely inhibits free speech and has a chilling effect on free speech that way, you can't count on who it will be used against," he said.