No shades of grey in faculty/student relations By: Editorial Posted: 7:00 PM CDT Thursday, Sep. 13, 2018

Opinion

Hey there, time traveller!
This article was published 12/09/2018 (2199 days ago), so information in it may no longer be current.

Universities tend to have a grey area when it comes to relationships between professors and students. No major Canadian university currently forbids professors from dating students, and most leave workplace safety, sexual-assault policies and codes of conduct to deal with the issue. While there are myriad reasons for professors and students not to date, universities most often prefer a “we don’t forbid consenting adult behaviour” disclaimer.

But into the grey area comes a serious issue: the law.

Over the past year, allegations of sexual misconduct have come to light regarding two University of Manitoba faculty members: former jazz professor Steve Kirby and former associate dean of medicine Gary Harding.

Allegations of inappropriate advances and sexual harassment had been made against Mr. Kirby for several years; one student’s allegations date back to 2014. The university investigated, put Mr. Kirby on leave, and had him “retire” in 2017. Mr. Kirby used his employment record at the U of M to land a position at Berklee College of Music in Boston, eventually losing it once past allegations came to light. After Winnipeg police became involved, he was charged last May with sexual assault.

Beginning in 2013, Mr. Harding reportedly made inappropriate advances on two students, leading to his resignation in 2015. A report by the College of Physicians and Surgeons of Manitoba described Mr. Harding’s behaviour as “flagrantly unprofessional”; he was eventually stripped of his medical licence for six months.

Meanwhile, opening day at the U of M included a campus-wide email from president David Barnard on “sexual violence,” in which he disclosed that “incidents of inappropriate behaviour at this University have been reported and investigated over the last few years” and apologized “to students who have experienced such inappropriate behaviour.”

The letter admitted the university erred in providing Mr. Kirby a letter of employment that “included an outline of activities and achievements that, though factual, could be construed as supportive.” Mr. Barnard announced an internal investigation to ensure this “mistake” would not be repeated.

Tucked in at the end of the message was an even bigger bombshell.

The president wrote, “Although I can’t speak to specifics, I also want to tell you that there are other investigations ongoing now.”

Questioned by media, U of M officials explained that there are five current investigations — two for sexual assault, one involving a sexual harassment complaint, and two focused on “human rights” issues. U of M officials maintain they are bound by confidentiality laws and cannot comment further.

In what seemed an attempt to provide transparency, Mr. Barnard’s message created more mystery.

Students and their families might wonder what the point of any “grey area” is surrounding intimate relationships between professors and students, and the potential for such interactions to impact one’s safety and learning.

The president stated all faculty will receive mandatory education on sexual violence, consent and power relationships.

The president stated all faculty will receive mandatory education on sexual violence, consent and power relationships. With the issue so deeply entrenched, however, something more institutional, systemic and definitive may be required.

American universities such as Harvard, Stanford and Yale have eliminated the grey area by adopting strict policies banning romantic relationships between professors and students. Declaring such interactions off-limits would also help to pre-empt the early “consensual” behaviours that can lead to harassment or abuse.

Some provincial governments have introduced similar legislation, including Quebec’s Bill 151, which requires universities to create stand-alone policies on sexual violence by 2019. In 2017, the Manitoba government announced the Sexual Violence Awareness and Prevention Act, aimed at protecting post-secondary students.

The policy regarding faculty/student relationships remains a grey area at the U of M. Perhaps it’s time for a less ambiguous approach.