<p>Here are minutes of a UCSD faculty senate discussion on the topic:</p>
<p>Academic Council Deliberations on Student-Faculty Relationship Policy--Chair Dimsdale drew the Assembly's attention to the handout provided detailing the proposed amendments to APM 015, The Faculty Code of Conduct, Part II--Professional Responsibilities, Ethical Principles, and Unacceptable Faculty Conduct (Attachment 2). He sought the advice of the Assembly on this topic of great importance. The intent of the revision is to address an important aspect of faculty conduct not directly addressed in the Faculty Code of Conduct: the nature of faculty-student relationships. Policy regarding sexual harassment has been articulated, but is subtly, and importantly, different.</p>
<p>As background, Chair Dimsdale noted that work on a proposed revision had begun in 1983 and had been reviewed by Senate Divisions and committees, but the effort was not completed. In 2001 the Academic Assembly approved some revisions to APM 015 regarding procedural matters. When these revisions were presented to the Regents, it was noted that the nature of faculty-student relationships was not specifically demarcated. As it happened, a pertinent situation arose at another UC campus soon thereafter, and now attention is focused on this matter. Obviously, such relationships are ill-advised in general.</p>
<p>Chair Dimsdale said that other universities approach this issue in a variety of ways. Some strictly prohibit faculty-student relationships, some discourage them, some require disclosure, and many have no discernible policy except those specific to sexual harassment. The University Committee on Privilege and Tenure and other Senate bodies have been struggling to define these concepts. The proposed policy draws heavily on reports and policies from Yale University and the American Association of University Professors. Chair Dimsdale asked for comments.</p>
<p>A member commented that the phrase "has, or should reasonably expect to have in the future" (#6, lines 43-44) puts an unreasonable demand on faculty members to anticipate the future and runs afoul of freedoms to freely associate. The issue of abuse of power by a faculty member is a very legitimate concern, but more appropriately falls under harassment. A romantic or sexual relationship between a faculty member and a student can have a corrosive effect on other students. This is also a very legitimate concern, but is probably more effectively dealt with by disclosure to the department chair and alternate supervisory arrangements for other students. Real problems do arise from faculty-student relationships, but the focus of the policy should be to address ways to mitigate those negative effects. He asserted that real problems should be addressed with solutions that directly affect the problems rather than generally forbidding a very human activity.</p>
<p>A member thought the sentence, "The integrity of the faculty-student relationship is the foundation of the University's educational mission" (lines 10-11), is the essence of the added paragraph, and opined that the rest of the paragraph (lines 12-22) did not add much, particularly in the context of lines 1-9. One member remarked that the intent may be well meaning, but the proposed revisions would criminalize personal behavior out of a fear of exploitation and would prohibit fraternization among faculty and students when students already view faculty members as isolated. The key is not to set up situations where exploitation or harassment might occur. He thought that the policy had so many problems that the best that could be said for the proposed revisions is that the policy would be unenforceable.</p>
<p>A member commented that two phrases, "reasonably expect in the future" and "romantic relationship", were particularly vague and ambiguous. It was asked what the impact of this policy would be on a faculty member if he or she violated it. Chair Dimsdale pointed out that the matter would be referred to the Committee on Privilege and Tenure. P&T could recommend to the Chancellor a range of sanctions, including dismissal. Another member thought that the intent of the proposed revision was actually risk management; a policy was seen as necessary in case a lawsuit arose from such a situation. He opined, however, that no institution could relieve itself of liability for actions that have not yet happened. No matter what the policy, the University could conceivably end up with liability. In addition, some experts maintain that it is impossible to have a consensual relationship when a power relationship is involved; all such situations could be legally considered harassment. A member pointed out another ambiguity: no mention is made of supervision of a student with whom a faculty member has had a past relationship, although this may be implied in #7 (lines 46-47). Chair Dimsdale suggested that perhaps the words "has or has had" would be more appropriate in that sentence.</p>
<p>As discussion continued, Chair Dimsdale advised the Assembly that the APM will definitely be revised to address this issue and in the near future. The Senate is being asked to help craft the best language possible. In response to a question, he said he did not think it possible to obtain data from other institutions on whether such a policy had resulted in fewer incidents. A member commented that the proposed revisions had been reviewed extensively and wondered if ambiguity in some places could be intentional. A member said that the sentences, "Whenever a faculty member is responsible for academic supervision of a student, a personal relationship between them of a romantic or sexual nature, even if consensual, is inappropriate. Any such relationship jeopardizes the integrity of the educational process" (lines 19-22), are very straightforward and pertinent to this particular topic. The earlier sentences in that paragraph, while important, apply to many faculty responsibilities. He supported previous comments about including the past tense in #7 and removing the reference to the future in #6. Chair Dimsdale noted that there had been extensive discussion about the future reference in #6 and that the key was the definition of "reasonable".</p>
<p>Chair Dimsdale thanked the members for their comments, which he would convey to the Academic Council. He noted parenthetically that, while people are particularly concerned about the age discrepancy between faculty and undergraduate students, some would argue that graduate students are in more jeopardy and could suffer more from possible corrosive effects of such a relationship.</p>