Faculty-student relationships focus of proposed code

The proposed code objects to a faculty member's "amorous or sexual relations, consensual or otherwise, with a student enrolled in his/her course, or whose performance is supervised or evaluated by that faculty member."

In this case, "faculty" would include all those who teach and/or do research at UB, including faculty, librarians, graduate students with teaching responsibilities, visiting and part-time faculty and other instructional personnel, including coaches, advisors and counselors.

The proposed code was presented to the FSEC by John Boot, professor and chair of the Department of Management Science and Systems and chair of the senate's Committee on Academic Freedom and Responsibility.

FSEC committee members agreed that they would like to have some form of ethical statement that would help order behavior in these instances. Boot noted that the last paragraph of the proposed code is "especially useful precisely because it says, 'Listen, male faculty member, be careful. You've been used to a system that says you're innocent unless proven guilty. The burden of proof is on you when a student complains that a relationship was not consensual."

Several faculty members took issue with the proposed code's objection to "consensual relationships" and the suggestion that such relationships are, prima facie, an exploitive use of personal power on the part of a faculty member.

Elizabeth Mensch, professor of law and a member of the Committee on Academic Freedom and Responsibility, questioned situations in which information about code violations would arise, how such charges would be adjudicated and how this information would be used by department chairs and deans in situations in which tenure or contract renewal was at stake.

Others objected to the fact that there was some confusion between their understanding of the document as "guideline" or as "regulation."

A letter addressing the issue of the proposed code of ethics, which had been faxed to Faculty Senate Chair Claude Welch by Bruce Jackson, SUNY Distinguished Professor in the Department of English, raised a few hackles as well. In the letter, Jackson strongly opposed a code of ethics and the "mean and pinched" spirit of a "foolhardy policy, one that will provide grounds for endless mischief here and make us look like Victorian dolts to the world at large. It demeans us."

Although it was acknowledged that Jackson's letter raised issues that should be considered by the FSEC, several senators objected to its tone and to a reference to an "antisemitic" remark allegedly made some years ago by a member of the committee that produced the proposed code.

Jack Meacham, professor of psychology, suggested that differences between background information and "the code" itself be more clearly delineated so that faculty are alerted to the fact that the atmosphere-legal and otherwise-in which such complaints are entertained are quite different than they might expect.

Maureen Jameson, associate professor of modern languages and literatures, proposed changing the language of the document to cite as "unethical" any behavior on the part of male or female students or faculty who use sexual relationships to gain advantage in an academic environment.

Suggestions also were entertained regarding a broader code of ethics covering the entire university.

The proposed code was returned to the committee with a request for a revision with deliberate speed, since, as Welch pointed out, the President's Task Force on Women has identified sexual harassment as one of the most important issues on campus among employees, students and faculty alike.