Washington and Lee considers consensual relationship policy

Washington and Lee University's new provost wants to put it down in writing: The university doesn't condone student-faculty sexual relations, even if they are consensual.

Provost June Aprille says that no particular incident provoked her proposal.

"It is just a topic that would come up at any institution as a policy measure that a provost is likely to consider," said Aprille, who is in her first year at the school.  

Provost June R. Aprille wants to get a policy on the books.

The administration has not set a timeline for when a new policy would be outlined, voted on by the faculty, or go into effect.

Sexual harassment is clearly codified in the university's Faculty Handbook. But the handbook does not speak specifically to consensual relationships.

"The lack of an expressed policy does not stand in the way of W&L being able to act," says Jennifer Kirkland, the university's associate general counsel for compliance support. "If it's inappropriate conduct deemed in the interest of the university, the university can take action."

A new policy might range from prohibiting to strongly discouraging any sexual relationship between faculty and students.  As it stands now, the university tells faculty that it will not support a faculty member legally if a relationship goes sour and evolves into a harassment action.

No member of the administration would say whether consensual relationships have been an issue in the past.  But one faculty member who asked not to be identified said a professor openly dated a student several years ago, and took her as a date to the Fancy Dress ball. The faculty member asked not to be  identified for fear of angering colleagues.

Sociology Professor David Novack says he thinks that if consensual relationships do happen, they happen infrequently, and that faculty don't even talk about the issue.

"When faculty talks about issues involving the university,  that is something we don't typically talk about," said Novack, who is part of the university's Confidential and Impartial Resolution service. CAIR, as it is called, provides faculty and staff to provide counseling and conflict resolution to students who believe they have been subjected to discrimination, harassment, retaliation or sexual misconduct.

The university also appoints a Student-Faculty Hearing Board to hear allegations of prohibited discrimination, harassment, sexual misconduct or hazing involving individual students. But the board does not hear complaints involving faculty.

Kaylee Hartung, a graduate who was on the Student Faculty Hearing Board, says she doesn't think faculty-student relationships are enough of a problem at the school to merit a policy.

"From my personal experience, I never saw a need for such a policy (and I was never aware of any such scandalous affairs)," Hartung said in an email. "I think the policies the university currently has in place give the SFHB the tools it needs to hear cases of sexual misconduct, harassment and discrimination."

Hartung also has a personal opinion about the issue.

"As far as I'm concerned any talk of a student-faculty consensual relationship policy by the administration is a matter of how involved the University really wants to get in adults' personal lives," she said.

The phrase "power differential" comes up often when student-faculty relationships are discussed.

"My real concern is the power relationship," says Novak. " As a matter of general policy, it's wiser and safer not to have those type of relationships."

"I'm interested to know under what circumstances anyone could envision a truly consensual relationship between an undergraduate student and a professor," says Jeanine Stewart, professor of psychology and former interim dean of the college.

Several faculty members, both with the undergraduate faculty and at the law school, where the students are closer in age to the faculty, say they are keeping an open mind about what a new policy would be.

"At the least we need clarification, if not prohibition," says Professor Robert Danforth at the law school. "Romantic relationships between students and professors are not good for the university."

But, he adds, "I can see people reasonably disagreeing with that, and I would be open to hear what they have to say."

Some faculty members are optimistic about the trust in a small community like Washington and Lee, and what that means for the issue.

"It's a place where the speaking tradition supports a community where people look at each other in the eye and choose to hold each other accountable for their conduct in this community," says Stewart.

Professors seem to know that in a small community like Washington and Lee any perceived misconduct would quickly get around the school, and wouldn't go away. That's the sentiment of one professor who declined to be named because he doesn't think professors should even talk about the issue.

But English professor Lesley Wheeler is less optimistic about accountability.

"I have a sense that this is a place that tries to brush problems under the rug instead of fixing them," she said.

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