A Return to Sanity on Sexual Harassment?
The Contrarian
By: Joelle Cowan
5.21.2001

Recent action by the faculty senate at George Washington University in Washington, D.C. marks a return to sanity on the question of sexual harassment, a concept on a constant expansion campaign.
Today’s question has been transformed from “how can we prevent sexual harassment at the college level,” to “what behavior could sneak under our radar and go unpunished?” This shift places an emphasis on rooting out hidden innuendos and the sensitive feelings of students who feel harassed, even if the accused had no malicious intent and the “harassment” is restricted to a single comment.
The proposed policy at George Washington University (GWU) would have made it possible for a student to punish a professor for sexual harassment over a class lecture she disliked. The proposed policy would have also prevented the accused from knowing the identity of his accuser or the nature of the accusations. The policy denies the accused the right to view the evidence, to have a hearing prior to sanctions being applied, and even the right to a copy of the verdict.
The policy’s vague statements introduced uncertainty about what statements in the classroom could be construed as sexual harassment. For example, “in an academic setting expression that is reasonably designed or reasonably intended to contribute to academic inquiry, education, or debate on issues of public concern shall not be construed as sexual harassment.” The policy warned professors to behave, but didn’t give clear guidelines. Instead, it left the impression that unspecified parts of their job might be somehow punishable.
The policies drafted under this attitude show a remarkable disdain for fairness and due process, instead favoring tactics usually reserved for corrupt dictatorships. Such policies have been implemented at Columbia University in New York and are becoming a reality nationwide. The Foundation for Individual Rights in Education (FIRE) has had to fight for fundamental, constitutional freedoms at no fewer than 176 colleges and universities. But at GWU, the faculty fought back.
They passed a resolution condemning the proposed code and asked the administration at GWU to prepare a policy that manages to protect the basic constitutional rights of the faculty without deterring complaints over genuine issues of harassment. The swift defeat of this proposed policy reflects neither unwarranted paranoia nor callous sexism. These professors, men and women, are rightfully scared, as they have seen all too clearly the long march of sexual harassment policies -- from policies that exposed misogynistic behavior to policies that make uncomfortable exam questions into cases that could easily ruin a career.
The GWU faculty is to be applauded for taking a stand in the face of politically-correct pressure. The professors send the message that those willing to speak out and take action can restore sanity to the insulated world of higher education.
– Joelle Cowan
Public Policy Fellow
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