CCSN rejects policies on consensual sex

RENO -- Four campuses of the University and Community College System of Nevada have adopted sexual consensual relations policies but the Community College of Southern Nevada has balked on this issue aimed at discouraging romantic liaisons between professor and student.

And Richard Moore, the president of the community college in Southern Nevada, says he doubts he will ever be able to pass a policy because of the strong opposition.

The proposed policy, says Gary E. Elliott, a professor of history at the community college, makes the university system "the sex police." And it's a violation of the constitutional rights of privacy for individuals, he said.

Elliott voiced his opposition Friday to the Committee on Campus Environment of the board of regents meeting in Reno.

Regent Howard Rosenberg, who headed the committee, said the policy is "to discourage intimate relationships between faculty and student in the same classroom." This can result in sexual harassment and a hostile environment if the romance goes sour, he said.

Policies at the four other campuses require faculty to report any consensual sexual relationship to his or her superior. And this applies when a superior is having a relationship with someone he or she supervises. Each campus is given the latitude by the regents to adopt its own policy.

Regent Chairman Jill Derby said this behavior can undermine the classroom in some cases. "Other students can feel this is not a level playing field," if the teacher and student are romantically involved.

There are policies in place at UNLV, UNR and the community colleges in Reno and the rural counties. Derby said there's no policy at Great Basin Community College in Elko but newly hired faculty is made aware of the dangers of this activity.

What worries Elliott the most is that the faculty member or superior must report these relationships. Although they are supposed to be confidential, the information can leak out. In addition, these files can be maintained for years for no valid purpose. And if the information is leaked, there are no sanctions to punish the offender.

"It violates guaranteed privacy interests and it's illegal and unconstitutional," Elliott said. A proposed policy was defeated by the Faculty Senate in 1996 at the CCSN.

"When mandatory disclosure of private sexual lives is commanded by government action, the highest courts in this country consider the matter a substantial intrusion of privacy.

"Remember: the question is not, and never has been, whether a consensual relationship between a professor and a student is a good idea. Rather, is the government justified in compelling the disclosure of the relationship? The answer is a resounding no."

But university general counsel Tom Ray told the regents, "There is no case in point that this violates the Constitution." He said the regents are permitted to impose "reasonable restraints" to stop sexual harassment."

Elliott said there a distinction between consensual relations and sexual harassment. "They are confusing sexism with sexuality," said Elliott.

There's no doubt the university has the authority to prohibit sexual discrimination. But these policies go too far, Elliott said.

"Another disturbing aspect of some consensual relationship policies is the ban on 'romantic relationship' distinct from the consensual relations, is the vagueness or lack of definition of a 'romantic relationship," This allows the administration freedom to interpret the relationship in any way it wants.

In addition Elliott said there's been no evidence to suggests there's any major problem. He the administration has failed to come up with any cases which mandates this policy must be adopted.

Rosenberg told the regents this issue "ain't going away," and will be discussed by his committee in the future.

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