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overstepping their bounds?

 
 
Reply Fri 18 Jul, 2003 05:17 pm
University of California Regents: the regents approved a ban on professors having romantic or sexual relationships with students whom they teach or supervise -- or whom they have a reasonable chance of overseeing in the future. I am just guessing here but i see this being tossed by the first court it shows up in.
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Type: Discussion • Score: 0 • Views: 3,912 • Replies: 32
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Acquiunk
 
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Reply Fri 18 Jul, 2003 05:25 pm
I don't think so. I teach at a University and the power difference between faculty and student is simply too large for a romanic or sexual relationship to be anything other that exploitive, particularly at the graduate level. I think it is a good rule.
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Setanta
 
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Reply Fri 18 Jul, 2003 05:27 pm
I think it's a good rule, i've seen it abused to often not to recognize what Acq calls the power difference--and i believe that courts would recognize the same.
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fealola
 
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Reply Fri 18 Jul, 2003 05:34 pm
It may be sleazy and unethical and put the student and instructor in a compromising situation re: sexual harrasment and grades, but this behavior is legal until some sort of law is broken. Most college students are above the age of consent.

If it were a private institution, I suppose they could instate a polcy like that. The UC system is publc so I don't know how they'd get away with banning something that's legal.
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patiodog
 
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Reply Fri 18 Jul, 2003 05:39 pm
Quite frankly, a couple of theater careers I've seen develop would have been stunted if this rule had been in place (and enforced, and obeyed) in the UC system when I was there.

Is a prof/student professional relationship thorny? Yes. Should the rule be allowable? I don't think so. All are consenting adults. And where do you draw the line, anyway? Postdoctoral researchers are frequently at least as vulnerable to the whims of their supervising faculty as graduate students are. Will they be afforded "equal protection"?
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fishin
 
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Reply Fri 18 Jul, 2003 06:45 pm
It's a good rule and it should be adopted in all universities. Unless there is some weird wording in the policy it'll withhold court challenges. It isn't like they are the first school to implement it and any school, public or private, has the authority to set standards for ethical standards to remain a student or employee.
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dyslexia
 
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Reply Fri 18 Jul, 2003 07:16 pm
Rules or laws that attempt to regulate adult human behavior that would constitute monitoring of interpersonal relationships can only lead to disregard for the system attempting to enforce them. but thats just my opinion, i am often wrong.
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Craven de Kere
 
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Reply Fri 18 Jul, 2003 07:18 pm
dys how would your last post relate to spousal abuse in an adult relationship?
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ossobuco
 
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Reply Fri 18 Jul, 2003 07:24 pm
I guess I am surprised this isn't already a rule. A friend of my exhub got involved in a couple of situations like that; he married one of the women. At the time it was against university policy. But that was a while ago, a private school.

I don't know what I think, right now. The power gap is huge, but I am not sure bridging the gap should be the basis for dismissal. On the other hand, grades, evaluations, can have lifelong import, and emotion can have an ill effect on objectivity. This kind of dilemma occurs in work life too, the boss/worker relationship. Some companies will fire you for being involved in that. That probably makes some relationships more exciting than ever.
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fealola
 
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Reply Fri 18 Jul, 2003 07:25 pm
Agree with Dys. There are laws on the already that can take care of illegal acts, otherwise let individuals moniter their own behavior.
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fealola
 
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Reply Fri 18 Jul, 2003 07:31 pm
Craven de Kere wrote:
dys how would your last post relate to spousal abuse in an adult relationship?


There are already laws about that. We are talking about legal non violent relationships.

Teacher/student relationships are for the most part wrong, but even with the power struggle issue, the student is still ultimately responsible for his or her own actions. Naive, stupid- yes, heartbreaking sometimes, but not illegal.
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Craven de Kere
 
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Reply Fri 18 Jul, 2003 07:55 pm
fealola,

It would fall under the "monitoring of interpersonal relationships" category. I used an illegal example for obvious reasons.

Sometimes such "monitoring" is necessary. Helps keep abuses of all sorts under check and such.
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fealola
 
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Reply Fri 18 Jul, 2003 07:58 pm
Craven,

I'm not sure if I get that. With all due respect, could you rephrase? Sorry.
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Sofia
 
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Reply Fri 18 Jul, 2003 08:01 pm
This issue seems to have a lot of the same implications as a CEO having consensual sex with a subordinate. It tends to make everyone else think the subordinate is getting preferential treatment--and may be true.
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Craven de Kere
 
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Reply Fri 18 Jul, 2003 08:04 pm
fealola,

In short, dys's post sounds great but ultimately there are exceptions. It comes down to whether this is an acceptable exception, not whether such "monitoring" is wrong or not in and of itself because in cases where it is illegal we obviously accept this intrusion.
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cicerone imposter
 
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Reply Fri 18 Jul, 2003 08:05 pm
I would think that each university would have rules concerning this issue. This problem just didn't pop up all of a sudden. It would seem irresponsible not to have rules on this issue. ci
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fealola
 
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Reply Fri 18 Jul, 2003 08:17 pm
Craven,
Hmm, well, I think when intellegent adults are involved this sort of intrusion would be unacceptble. Where do you draw the line? I don't think you can bring domestic violence into this arguement it's a totally different thing and I know you are making a point, but I'm having a difficult time making that leap!
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fishin
 
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Reply Fri 18 Jul, 2003 08:20 pm
fealola - It isn't about what is "legal" or not. What was passed isn't a law. It is a statement written into the school's code of conduct.

There are hundreds of "legal" activities that schools can and do regulate. They decide who can live on and off campus, they decide who can have alcohol (those over legal age..) in their rooms, they decide where people get to park their cars (if they allow them to have them on campus).

Compared to some of the sexual harrasment rules/policies a lot of these schools have put in place this is a minor blip.
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Craven de Kere
 
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Reply Fri 18 Jul, 2003 08:26 pm
fealola,

fishin' speaks sooth. It's not about the legality. I used a starkly contrasting example for a reason. Many times declarations are stated in absolute terms. e.g. attempting to regulate the behavior of intelligent sane adults is derided.

Yet we do so all the time and agree with it (e.g. "monitoring" criminals). So it ultimately comes down to whether or not a particular case has merit or not. You seem to be making the case that legality is the criteria and I posit taht that is a wavering line.

Many behaviors don't become illegal until there is a complaint. I can fondle my co-workers boobs all I want if she doesn't mind. But if she minds me even looking at them it can be construed as illegal.

As fishin' noted many policies on sexual harassment are preventative and refer to behavior that is not yet at an illegal level.
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BoGoWo
 
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Reply Sat 19 Jul, 2003 07:56 am
I would hope that at the University level "Rules of Engagement" would be inplicit, and not need to be explicit.
Defining "acceptable" relationships is absolute nonsense; it is unenforcable, and merely drives those with "much to lose" into clandestine mode.

While I agree that there is a major opportunity here for abuse, it is also paramount that the student who has managed to attain this level of education, be given "adult" status without caveat, and that the cohorts to the process of higher education all remain vigilant in protecting the vulnerability of potential victims.

Also "experience" has many "heads"; who are we to define those that must be "cut off"!
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