Navigating the Murky Waters: University Policies on Professor-Student Relationships
Universities strive to foster environments of trust, openness, civility, and respect, enabling every individual to reach their full potential. A critical aspect of maintaining such an environment involves addressing the complexities of relationships between professors and students. The inherent power imbalance between faculty and students necessitates careful consideration and well-defined policies. This article delves into the nuances of these policies, exploring the rationale behind them, their scope, and the challenges they present.
The Foundation: Addressing Power Imbalances
The core principle underpinning university policies on professor-student relationships, such as the University of Michigan's SPG 601.22, is the recognition of the inherent power imbalance between faculty and students. This imbalance can compromise a student's ability to make truly voluntary choices and can create an environment ripe for potential exploitation or coercion. Universities are committed to putting students’ interests first when defining limitations on certain types of faculty-student relationships.
Defining the Boundaries: Key Terms and Relationships
To ensure clarity and consistent application, many university policies define key terms. For instance, the University of Michigan's SPG 601.22 defines:
Covered Relationship: Any relationship that may reasonably be described as sexual, romantic, amorous, and/or dating, even based on a single interaction. Physical contact is not a required element of such relationships.
Learner: All undergraduate, graduate, professional, non-degree, and visiting students, as well as Postdoctoral Research Fellows.
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Covered Teacher: Any Faculty Member, Graduate Student Instructor (GSI), and Undergraduate Student Responsible for the Delivery of Course Content.
Faculty Member: All regular instructional faculty and all supplemental instructional faculty as defined by SPG 201.34-1.
These definitions establish the scope of the policy, clarifying which individuals and relationships are subject to its regulations.
Prohibited Relationships: Academic Authority and Supervision
A central tenet of many university policies is the prohibition of Covered Relationships when a Covered Teacher has Academic or Supervisory Authority over a Learner. This means a professor cannot have a romantic or sexual relationship with a student in their class, lab, or any other setting where the professor evaluates or supervises the student's work.
If a Covered Teacher has such authority, and has in the past had a Covered Relationship with any Learner who subsequently is in the Covered Teacher’s class, lab or other such setting, the Covered Teacher must disclose the prior relationship immediately to the Dean or designee in the Dean’s Office, so that the situation may be promptly and properly managed (e.g., re-assigning grading responsibilities).
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This prohibition aims to prevent conflicts of interest, favoritism, and the potential for exploitation.
Beyond the Classroom: Broader Prohibitions for Faculty Members
Faculty Members are subject to broader prohibitions than other Covered Teachers. As a matter of sound judgment and professional ethics, Faculty Members have a responsibility to avoid any apparent or actual conflict between their professional responsibilities and personal relationships with students. The teacher-student relationship lies at the foundation of the educational process.
This reflects the understanding that the power dynamic extends beyond the classroom and can influence a student's academic and professional opportunities.
Postdoctoral Research Fellows: A Unique Case
Policies often address the unique status of Postdoctoral Research Fellows, who are both employees and trainees. A Faculty Member may not engage in a Covered Relationship with a Postdoctoral Research Fellow over whom the Faculty Member currently has, has had, or might reasonably be expected to have Academic or Supervisory Authority. When a Postdoctoral Research Fellow is acting as a supervisor (e.g., supervising students in a lab setting), the Postdoctoral Research Fellow must comply with SPG 601.22-1, Employee-Student Relationships.
Staff-Student Relationships: Administrative Influence
Romantic and/or sexual relationships between UM staff and students have the potential to pose risks to the employee, the student, and third parties. As such, these relationships are regulated under SPG 601.22-1, Employee-Student Relationships. Under that policy, an employee is prohibited from making administrative decisions and engaging in administrative actions for a student with whom the employee is currently having a romantic and/or sexual relationship. An employee may be prohibited from making administrative decisions and engaging in administrative actions for a student with whom the employee has had, in the past, a romantic and/or sexual relationship. When both individuals are University employees, the University’s nepotism policy applies (i.e., SPG 201.23 Appointment of Relatives or Others with Close Personal or External Business Relationships (Nepotism).
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Disclosure and Management Plans: Navigating Complex Situations
When a Covered Teacher and a Learner enter into a Covered Relationship, the impacts of that relationship extend to multiple parties beyond those involved in the Covered Relationship, including other faculty members, other students, staff, etc.
Many universities require disclosure of relationships that may violate policy or create a conflict of interest. For instance, at UNC Charlotte, University employees must report a pre-existing Amorous Relationship implicated by Section III.C of this Policy prior to the student’s enrollment.
Following disclosure, a management plan may be developed to mitigate potential conflicts and ensure fairness. A management plan is a written document that sets forth expectations and establishes rules that separate the professional relationship from the intimate relationship. Management plans are inherently flexible and can be modified at any time to account for and mitigate any changes in the professional relationship.
Reporting Violations and Seeking Guidance
Any student, faculty member, staff member, or other affiliate (e.g., individuals in a position to observe or have knowledge of such a relationship) who believes a Covered Teacher is engaged in a prohibited Covered Relationship, or is otherwise in violation of this policy, is encouraged to report the concern to the Covered Teacher’s Dean and/or the Office of Academic Human Resources. On the Flint and Dearborn campuses, reports may also be made to the respective campus Human Resources Office (UM-Flint HR and UM-Dearborn HR).
Universities typically provide resources for individuals who are unsure whether a relationship is prohibited or requires disclosure. A GSI or Undergraduate Student Responsible for the Delivery of Course Content may consult with the University Student Ombuds (734-763-3545). Students who are enrolled in the Rackham Graduate School can also contact the Rackham Resolution Officer (734-936-1647). Any individual should initially contact their Dean’s office.
Consequences of Violations: Disciplinary Actions
Violations of university policies on professor-student relationships can result in disciplinary action, ranging from written warnings to termination of employment. Violations of this Policy may result in discipline, which can include, but is not limited to, written warnings, loss of privileges, mandatory training or counseling, probation, suspension, demotion, expulsion, and termination of employment (including revocation of tenure).
The severity of the disciplinary action depends on the nature of the violation and the specific circumstances of the case. Prior to the imposition of any disciplinary sanction, the Faculty Member will be afforded appropriate due process. In applicable cases, this may include the initiation of procedures under Regents’ Bylaw 5.09, Procedures in Cases of Dismissal, Demotion, or Terminal Appointment. For research-track faculty, due process may include the process outlined in SPG 201.12, Discipline.
The Spectrum of Approaches: From Bans to Conditional Allowances
Universities adopt varying approaches to regulating professor-student relationships. Some institutions, like Princeton, have banned all student-faculty relationships, including those involving graduate students. Others, like Miami University, ban faculty or supervisors from having relationships with students they have "academic oversight" over or directly supervise but allow relationships if the student is not in a professor's class or department. Still others, like Mount St. Joseph University, discourage professor/student relationships but require disclosure and conflict management if one occurs.
Xavier University and Thomas More College are the only two area schools that don't - both private Catholic schools. Thomas More officials say their ban has been "long-standing policy." Xavier has a process to request permission for an exception in rare circumstances.
The Debate: Autonomy vs. Protection
The debate surrounding professor-student relationships often centers on the tension between individual autonomy and the need to protect students from potential exploitation. Some argue that students are adults capable of making their own choices, and that blanket bans infringe on their freedom of association. Others contend that the power dynamic inherent in the professor-student relationship undermines true consent and necessitates strict regulations.
Brett Sokolow, a higher education lawyer and president of the Association of Title IX Administrators, opposes blanket bans on student-faculty relationships on the grounds that students who can decide whether they’ll sleep with other students can also decide whether they’ll sleep with faculty members.
Conversely, Jennifer J. Freyd, a psychologist at the University of Oregon, agreed that professors who pursue students put the students in a “terrible bind.”“It’s hard for them to have the freedom to say no,” Freyd said. She said it’s hard to know, even for the person in the relationship, whether they want it or they're feeling pressured into it.
The Gray Areas: Former Students and "Cooling-Off" Periods
The question of when a student-faculty relationship becomes permissible after the student is no longer enrolled is a complex one. Some institutions may have "cooling-off" periods, while others may not have specific policies addressing relationships with former students.
Andrew T. Miltenberg, a lawyer who’s represented professors in numerous Title IX-related cases, said he hadn’t heard of any “sunset-type” provision in which faculty members can’t date former students for a given period of time.
The Importance of Trust and Ethical Conduct
Regardless of the specific policies in place, trust and ethical conduct are paramount in maintaining a healthy academic environment. Faculty members have a responsibility to act in the best interests of their students and to avoid any behavior that could be perceived as exploitative or coercive.
Leah Stevens, a faculty member at the American Music Institute and People’s Music School in Chicago, said, “If you’re the teacher thinking about pursuing a relationship with a student, 10 times out of 10 times the answer should be no, don’t do it,” Stevens said. “There’s no gray area for me.”
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