The University of California Board of Regents voted
overwhelmingly July 17 to add a clause to the faculty code of
conduct restricting student-faculty dating.
Previously, the UC had a resolution that strongly discouraged
faculty from entering into relationships with students by telling
them to “avoid any exploitation, harassment or discriminatory
treatment of students.”
The new amendment explicitly prohibits a relationship of a
romantic or sexual nature ““ even if it is consensual.
Academic Senate Chairwoman Gayle Binion said the clause about
consensual relationships is crucial because, originally, a faculty
member involved in a student relationship could claim mutual
consent as a defense if they came before a hearing.
Now, the full blame for the violation of the policy will lie
with the faculty member, Binion said.
“Faculty now have to recognize that if they start dating a
student and the student reports them, the student is not in
violation of the policy,” she said.
Under the new guidelines, faculty members cannot have a
relationship with a student who is either currently under their
academic supervision or with a student over whom they could
reasonably expect to have academic supervision in the future.
The phrase “academic supervision” does not apply
only to professors, Binion said.
She cited a law school dean as an example of someone who has to
occasionally write letters of recommendation for law school
students and therefore is considered to have “academic
supervision” over them.
Faculty found in violation of the policy would face punishments
ranging from a letter of censure to being fired.
Although many of the regents hailed the resolution as
“long overdue” and a “huge step forward,”
some expressed concern over the language of the amendment and how
it would be enforced.
Regent John Davies said he was concerned that the punishments
meted out to faculty would be too subjective. “I …
wouldn’t want to be one of the people to enforce this,”
he said.
Regent Velma Montoya agreed, saying the enforcement of the
policy could turn into a “legal nightmare” for the
university.
However, only Montoya and Student Regent Matt Murray voted
against the resolution.
Binion stressed the regents and the members of the assembly were
not suspending the right of faculty to have a relationships with
students.
“There are not rules about relationships. These are rules
about an evaluative and instructional relationship,” she
said.
Further resolutions regarding student-staff and staff-faculty
relationships are in the works, UC officials said.