Sex rules reviewed

Soon after two reports — one by a group of female professors, the other by a committee of administrators — suggested comprehensive changes to existing rules on sexual harassment, the Provost’s Office has organized a committee to evaluate and potentially alter University policies.

The committee is a key component of the sexual harassment policy overhaul proposed by the Women Faculty Forum in its 76-page report, released in October. Provost Peter Salovey has almost finished recruiting 12 faculty and administrators to serve on a new committee, which will be chaired by Philosophy Department Chair Michael Della Rocca and will review sexual harassment policy at Yale, Salovey said in an e-mail Monday. And though University President Richard Levin said the group will not convene until the beginning of the spring semester, the committee’s agenda is rapidly filling up, Yale College Dean Mary Miller said Thursday.

At the same time, the Provost’s Office is finishing an updated faculty handbook, due Jan. 1, and recently announced a tougher policy on consensual teacher-student relationships — which the new committee will examine as part of its consideration of sexual harassment policies.

“We read it, conferred and decided that the suggestion in the report — to appoint a committee to reflect on the report — was a good one,” Salovey said of the Women Faculty Forum report. “I think it’s written in a thoughtful and constructive way, and I think it gives us many interesting ideas to consider.”

Miller said the new committee will begin by examining the Women Faculty Forum report as well as the Sexual Harassment and Assault Prevention Education report, which was completed in May 2008 and released to students Sept. 2. Like the Women Faculty Forum report, the SHAPE Report also recommended that the University appoint a committee to review existing sexual harassment policies.

The committee will review current University policy, which is already in flux. In a November memo to professors, Salovey released a new policy from the upcoming edition of the faculty handbook that prohibits all consensual relationships between undergraduates and teaching faculty. Under the new rules, graduate and professional students acting as teaching fellows may not engage in consensual relationships with their own undergraduate students, or with undergraduates they might expect to work with. But the rule does not ban all consensual relationships between undergraduates and teaching fellows.

Since the release of the last faculty handbook in 2002, consensual relationships had been prohibited between teachers and students “over whom [instructors] have or might reasonably expect to have direct pedagogical or supervisory responsibilities” and between students and faculty in a position of power, such as athletic coaches and supervisors of student employees.

Deputy Provost Charles Long, who is responsible for assembling the handbook, said the old policy seemed arbitrary.

“If a new person is assigned to be director of undergraduate studies, or a new person is assigned to be a [department] chair — sometimes people move around,” Long said. “It seemed artificial to say relationships [with undergraduates] in between those times you supervise are OK.”

Both the current and previous policies on consensual sexual relationships were designed to prevent sexual harassment and sexual discrimination and to protect against potential lawsuits, Salovey said in his e-mail to the faculty.

“This policy was established to prohibit sexual or amorous relationships between faculty and students that by their nature may raise conflicts of interest or hold the potential for coercion or sexual harassment,” Salovey said in the memo.

In its report, the Women Faculty Forum also recommended that new, University-wide policies against sexual misconduct replace existing policies, which vary across Yale College, the Graduate School and the professional schools. They also want Yale to shift its focus from sexual harassment to the broader issue of sexual misconduct — an umbrella term that applies to both sexual harassment and assault, and includes other sexually motivated behaviors intended to intimidate or threaten.

The Women Faculty Forum also called for the creation of a centralized sexual misconduct grievance board to administer the new policy and address complaints from undergraduates, graduate and professional students, faculty and staff alike. Currently, complaints are evaluated by four different grievance boards across the University.

“We don’t think there’s a lot of additional study necessary in terms of outside research,” Woman Faculty Forum report co-author and School of Management professor Connie Bagley said. “I hope the group is serious about the issues and willing to roll up their sleeves, dig into the [Women Faculty Forum] report and policy and just get this done.”

Miller said the University’s quick response to the report’s demand for a review committee and new policy on student-faculty relationships signals a “recommitment” to preventing sexual harassment and sexual misconduct.

“The administrators we’ve been working with agree that sexual misconduct has no place at Yale,” Bagley said last month. “They’re serious about trying to take additional steps to eliminate it.”

Both Bagley and Priya Natarajan, a professor of astronomy and physics and a co-chair of the committee that authored the report, said they are pleased with the University’s response to the Women Faculty Forum report so far, but added that this is just the beginning of the process. The new committee must act quickly and decisively and follow the policy changes outlined in the report, Bagley said.

The report came from over a year of research, writing and consultation with faculty and administrators, most of whom supported the group’s proposed policies, Bagley said. Members of the committee responsible for the report worked with the General Counsel’s Office to ensure that the policy changes offered in the report were legally feasible.

The Women Faculty Forum began work on its report on sexual misconduct in fall 2008, after several pledges to the fraternity Zeta Psi posed for pictures outside the Women’s Center with signs that read “We Love Yale Sluts” and 100 medical students wrote a letter to School of Medicine administrators in December 2007 expressing concern over the prevalence of sexual harassment at the school, according to the report. The Women Faculty Forum’s goal in writing the report was to help administrators to develop a workable, University-wide anti-sexual misconduct policy, Bagley said.

Comments

  • Michael Covington Yale ’82 PhD

    The proposed central grievance board (or as we call it here at the U. of Georgia, ombudsperson) is a very valuable element. People need someone to whom they can go, in confidence, to report an incident or get advice about how to deal with an uncomfortable situation. They shouldn’t have to to navigate the bureaucracy to find out who is in authority over a particular kind of incident in a particular unit of the university. Also, there needs to be a way to keep unclear situations confidential — you should be able to talk with someone about a questionable situation without formally filing a complaint.

  • alum

    why do only women faculty get to decide the guidelines?

  • to #2 alum

    Because the sexual harassment of men is covered up like women who complain of coverups could probably never imagine.

  • @#2

    It is public knowledge that in July 2009 Yale settled outside the court for the sexual harassment law suit of the current chairman of pharmacology department where Annie Le was a graduate student.

  • @#2

    Well, the committee is chaired by a man…

  • skeptic

    Re #1: Yale’s current procedures do meet the criteria you set out. What is needed is that the campus culture match the procedures a bit better.

    Re #2: Of course, it is not true that the reviews, and any new policies will be written only by women. This comment is simply inflammatory rhetoric.

    Observation: I am surprised that no undergraduate has taken umbrage at the statement in the new policy on faculty-student relationships that characterize undergraduates as “immature” and for that reason cannot be allowed consensual relationships with faculty, even absent any conflict of interest aspects of the relationship.

  • @#3

    What does Annie have to do with this? She was the victim of alleged workplace violence. Is that how the pharmacology department will now be designated? Annie Le’s former department? God bless her and her family, but her departmental affiliation seems irrelevant and out of place here.

  • Laura

    You can’t really make a serious issue out of sexual harassment if you’re also going to prohibit consensual relationships, regardless of who they’re between. Two human beings should be allowed to be in whatever kind of relationship they want for themselves. What if you have a 21-year-old student and a 22-year-old faculty member?

  • Faculty

    Laura,
    That is the whole point. Regardless of appropriateness of age, a romantic relationship between a faculty member and a student should be forbidden because of the possibility that the faculty member will also need to serve in the role of instructor. Having both relationships sets up a conflict of interest that is unfair both to the student of interest and other students that the faculty member also instructs. If the relationship is going well and the faculty member gives the student good grades, the other students may question this. If the student receives poor grades, the student may question if the faculty member is overcompensating. If the faculty member is required to abstain from evaluating the student he or she is in a relaionship with, then the student’s education suffers. Now throw in the twist if the realtionship is on the rocks. The possibilities are endless and all are bad.

    Although the romantic idea of searching out and finding your soul-mate is appealing in an idealistic way, I think everyone is better served in setting the ground rules clearly and unequivocally – NO relationships between faculty and students. There are so many other ‘fish in the sea’ that excluding this particular pairing is unlikely to have a serious effect on either the faculty member’s or student’s love life.

  • CT Alumna

    “Members of the committee responsible for the report worked with the General Counsel’s Office to ensure that the policy changes offered in the report were legally feasible.”

    Meanwhile, actual victims of Yale’s sexual misconduct, and those who feel threatened sexually or otherwise while at work in Yale lab facilities can complain directly to CT Attorney General Richard Blumenthal.

  • @#7

    It is relevant. You have workplace violence and workplace sexual harassment all in one department. Who is going to work there?

  • skeptic

    Re: #9. The former policy DID exactly what you assert. It was reasonably based on the principle of conflict of interest. The newly revised policy goes beyond that principle, however. It seems to be aimed at protecting “immature” students from some unnamed and unusual perils and appears patently paternalistic. No doubt,some timid administrators, who see litigation potential everywhere, are simply responding with the usual, obvious, burocratic action: YCA.

  • @ Faculty #9

    It would make more sense if an existing romantic relationship precluded a future academic relationship, and if an existing academic relationship precluded a future relationship. To forbid all romantic relationships on the off-chance that there MIGHT be an academic relationship in the future is excessive.

  • Be careful

    In general, these rules are are approriate, and the the grievence board is very appropriate. But the following statement:

    “Under the new rules, graduate and professional students acting as teaching fellows may not engage in consensual relationships … with undergraduates they might expect to work with.”

    is worrisome in that it would seem to prohibit ALL consensual relationships between undergraduates and graduate students in the same department. I agree that it might not be a wise choice, but wisdom should not necessarily be regulation. Moreover, Faculty#9 ‘s comment that there are a “lot of fish” is not particularly helpful because it fails to acknowledge that, in fact, someone with the same interests in precisely the sort of person one might reasonable want to date. A 21 or 22 year old undergraduate and a 22 or 23 year old graduate student should not be expressly forbidden from dating. That said, a relationship should preclude that graduate student from ever grading papers etc. of the undergraduate. That can be solved by less stringent methods (have someone else do the grading). This is different than a relationship with a tenured faculty member, where one might be precluded from taking a course later in one’s career. In general, though, empowerment (through more resources, clear grievence rocedures, etc.) ought not to mean treating students like children. That is the opposite of empowering, and dangerous, because these relationships WILL happen, and if the consensual relationships are prohibited, they will only be pushed into the closet, where the potential for abuse actually rises. This needs to be carefully considered.

  • dankprofessor

    The fact that this policy is embraced in part based on the assertion that Yale undergraduates are immature is offensive to those undergraduates and to the university as a whole. Unquestionably, there are undergraduates as well as
    grad students and faculty who are immature. The problem is the categorical placing of undergrads in the immature category. I think it would be fair to say that those who engage in such categorization are immature.

    The policy as a whole wreaks of authoritarianism. Campus administrators end up having to police the sexual behavior of just about everyone in their sphere of influence. Given that the term amorous is embraced as part of this policy,
    no one will be above suspicion.
    Third party informants could have a field day here. I doubt that the new policy will have any sanctions regarding those who file false charges or reports. “Immature” students could use this policy to destroy faculty careers; immature faculty could do the same to fellow faculty. Isn’t there a single Yale faculty member who is willing to speak out strongly against this policy? If not fear and paranoia have already become ascendant at Yale.

  • Straight Male

    In the modern day, the voice of males ought to be included in the discussion of sexual harassment. As homosexuality has become increasingly accepted, sexual harassment no longer occurs purely in a heterosexual context (e.g. males harassing females or even females harassing males). Indeed, as a straight male I’ve been made to feel extremely uncomfortable at various points over the course of the semester by a gay professor and a gay teaching assistant. These are concerns that the committee should take into account and address.

  • @ #16

    When men object to sexual harassment from homosexuals, it’s called intolerance.

    I find it offensive when people make a big show of their own sexuality in settings that should be purely about work. Worst of all is when the “minority card” gets played – “You can’t fully understand because you’re a member of the oppressive majority.”

  • @#17

    Welcome to Yale. Here we acknowledge our collective guilt as oppressors by showing obsequious respect to all vocal lobby groups, holding talks and forums, celebrating minorities via their most extreme stereotypes. It is easier to parody it than to deal with it.

  • super

    All of these regulations have to do with saving Yale money in court cases. No reason to argue the philosophy/morality of it. Dating between all levels of students and all levels of faculty is happening right now and always has. I can think of several of Yale’s most distinguished, iconic professors who have married their graduate students; they’re senior citizens now, have grandchildren themselves, are and always have been happy as far as anyone can tell. The real question is whether or not more funds are being sucked away from the real work of the university and into these defensive administrative projects.

  • Just me

    These discussions are all missing the point. There has been no increase in real sexual-harassment problems. The current policy, which is about 10 years old, is pretty standard and works well for that. What has happened is that a few nasty incidents show that infantile males can say mean things about women and get away with it. And the “women’s faculty forum” doesn’t like that. So they are inventing a new term (“sexual misconduct”) that lumps together sexual harassment with, for example, holding offensive signs in front of the women’s center, or circulating comments about the appearance of first-year students. This is a classic tactic; they have to keep redefining oppression to imply that they are still oppressed, even when conditions change.

    Stupid signs in front of the women’s center are not sexual harassment. Once we label this as forbidden, however, then someone in the administration (by definition a woman, as one poster noted) will have the authority to rule on whether any particular sign is forbidden. This will not survive court review because of this thing called the 1st Amendment. So this is not a way to save Yale money.

    BTW, anyone who wants to have bad dreams should download and read that report. It is truly frightening. It endorses the case involving Prof. Bloom as sexual harassment. In that incident, the accuser first wrote an account in which she claims she was trying to seduce him. Later she changed her tune. Putting this in the report just tells us all what this is really about.

  • Old Blue “73

    You’re right except the 1st Amendment comment. Yale can’t violate 1st Amendment freedoms because it’s a private institution. As is often the case with the ivies, the students at the state universities, like UConn, have more constitutional freedoms than those in the bastions of free thought.

  • Faculty

    Although the idea of having a romantic relationship preclude a faculty member (graduate student TA or higher) from directly having power over a student may seem to make sense superficially, what if that person is the one and only person at the University that can provide a specific, necessary part of the student’s education? Should the student then be asked to get that education elsewhere?

    Why are all of the students under the assumption that this policy is making statements about their maturity? Doesn’t it really also reflect on the faculty’s maturity?

    The faculty, as part of their PROFESSION, is charged with the task of providing and maintaining a fair environment for ALL of the students to receive their education. I think that as a professional, abstaining from romantic relationships with the students is part of the faculty’s committment to the students. If some of the faculty don’t like the fact they are asked not to sleep with the students, perhaps they should not have become faculty.

  • skeptic

    @22: The students are under the assumption that the policy is making statements about their maturity because the policy IS, explicitly, making statements about their maturity (note the phrase “lack of maturity” in the official policy statement copied herewith):

    “Undergraduate students are particularly vulnerable to the unequal institutional power inherent in
    the teacher-student relationship and the potential for coercion, because of their age and relative
    lack of maturity. Therefore, no teacher shall have a sexual or amorous
    relationship with any undergraduate student, whether or not the teacher currently exercises or
    expects to have any pedagogical or supervisory responsibilities over that student.”

  • Just me

    Again, this discussion of whether and why the faculty should be forbidden to have relationships with undergrads is just beside the point.

    The whole idea here is to conflate sexual harassment with saying things some women find offensive. Most people think those are two different things, but the proposed policy would make them the same.

  • @ 23

    Let’s not forget the poisonous romances between faculty and graduate students, even between graduate students and their advisors. How is that not subject to unequal institutional power, in fact extending to other institutions such as professional societies and other universities where colleagues and dissertation examiners might be? The ethics of getting a romantic ride through a PhD, plus a romantic postdoc and even a romantic faculty appointment, makes the romantically inclined BA look trivial.

  • skeptic

    @25… Ok.. back to basics… Yale’s existing policies ALREADY prohibit the faculty/graduate student interactions you describe.

    The focus of the discussion is a NEW ADDITION to the policy that now broadly covers undergraduates in toto with no distinctions… justified by “their age and relative lack of maturity”.

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