Examining Faculty-to-Student Consensual Sexual Relationship Policies on Campus: Have There Been Changes in the Era of #MeToo.

Abstract

Although Title IX prohibits sex-based discrimination, including sexual harassment in institutions of higher education (IHEs), in the era of #MeToo, consensual faculty-student relationships have elicited significant attention. While some IHEs have developed consensual sexual relationship policies (CSRPs), little research to date has examined the content of such policies or whether IHEs have changed their policies as societal awareness regarding sexual harassment has increased. This study examined a stratified sample of IHEs, including state flagship, regional, and Ivy League schools (n = 56), to compare the type of CSRPs in 2011 and 2018 as well as changes in the content of such policies over the 7-year study period. Findings suggested that IHEs are becoming more restrictive in their CSRPs with movement toward limited bans and prohibitions; most policies discuss power differentials, include reporting requirements, and identify the use of sanctions for policy violations. Innovations in CSRPs include nuanced discussions of consent, placing the burden of proof on faculty to prove consent in allegations of sexual harassment, and including graduate students in CSRPs. Implications inform the debate regarding policies and procedures on campus sexual misconduct and advance the literature on evolving responses.