The Legal Aspect of Faculty/Student Relationships in Higher Education

For as long as institutions of higher learning have existed, issues have arisen as to how to handle the delicate subject of faculty/student relationships. Numerous questions currently exist on the topic of the appropriateness... [ view full abstract ]

For as long as institutions of higher learning have existed, issues have arisen as to how to handle the delicate subject of faculty/student relationships. Numerous questions currently exist on the topic of the appropriateness of such relationships, whether consensual or not. Does the issue fall under sexual harassment? How do these relationships occur? Are the students permanently “damaged” by such relationships”? What exactly are the legal aspects of such relationships? In an attempt to answer some of the questions, the authors will delve into the laws pertaining to faculty/student relationships. In doing so, one must realize that laws occur because of an idea that something needs to be changed or corrected. However, only Congress can introduce the idea as a bill. It then goes through many processes before being signed into law by the President (Arie, B., 2011). These laws can result from or be the basis for cases that occur between individuals. Additionally, policies are adopted within universities based on laws. The purpose of this paper is to take a closer look at the legal aspect of relationships between faculty and students in higher education, in which laws, as well as cases and policies will be analyzed.