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University of Michigan Law School

Michigan Journal of Gender & Law

Education Law

Law and policy

Articles 1 - 2 of 2

Full-Text Articles in Law

Regulating Sexual Relationships Between Faculty And Students, Margaret H. Mack Jan 1999

Regulating Sexual Relationships Between Faculty And Students, Margaret H. Mack

Michigan Journal of Gender & Law

Universities must create an effective learning environment for students; university policy should be directed at creating an atmosphere of mutual respect and trust. Whenever a faculty-student sexual relationship causes a student to drop a class, or a thesis, or school, that student has suffered a serious harm. Universities cannot simply answer that the student consented to the relationship and should handle the consequences. A university without a well-established and promulgated policy, one that at least acknowledges the risks involved in faculty-student sexual relationships and gives students a list of faculty and staff members to contact for support, seriously fails the …


Consensual Relationships And The Constitution: A Case Of Liberty Denied, Gary E. Elliot Jan 1999

Consensual Relationships And The Constitution: A Case Of Liberty Denied, Gary E. Elliot

Michigan Journal of Gender & Law

On many university and college campuses, there exists an anti-civil-libertarian spirit reminiscent of the McCarthy period. During the 1940s and early 1950s, regents, trustees, academic administrations, and the American Association of University Professors (AAUP), although each for a different reason, persuaded the Academy to repress personal liberty. It is difficult to pinpoint precisely when constitutionally and statutorily protected liberties and rights became secondary to insulating educational institutions from damage suits in their pursuit of a selective social and political agenda.