A Systematic Look at a Serial Problem: Sexual Harassment of Students by University Faculty

117 Pages Posted: 22 May 2017 Last revised: 13 Jul 2018

Nancy Chi Cantalupo

Barry University - Dwayne O. Andreas School of Law

William Kidder

Sonoma State University

Date Written: June 30, 2018

Abstract

One in ten female graduate students at major research universities report being sexually harassed by a faculty member. Many universities face intense media scrutiny regarding faculty sexual harassment, and whether women are being harassed out of academic careers in scientific disciplines is currently a subject of significant public debate. However, to date, scholarship in this area is significantly constrained. Surveys cannot entirely mesh with the legal/policy definition of sexual harassment. Policymakers want to know about serial (repeat) sexual harassers, where answers provided by student surveys are least satisfactory. Strict confidentiality restrictions block most campus sexual harassment cases from public view.

Taking advantage of recent advances in data availability, this Article represents the most comprehensive effort to inventory and analyze actual faculty sexual harassment cases. This review includes over 300 cases obtained from: (1) media reports; (2) federal civil rights investigations by the U.S. Departments of Education and Justice; (3) lawsuits by students alleging sexual harassment; and (4) lawsuits by tenure-track faculty fired for sexual harassment. It also situates this review within the available and most relevant social science literature on sexual harassment and violence in education and the workplace, as well as on methodological limitations of litigated case data, which tend to contain a higher concentration of high-severity cases compared to a random sample.

Two key findings emerged from the data. First, contrary to popular assumptions, faculty sexual harassers are not engaged primarily in verbal behavior. Rather, most of the cases reviewed for this study (53%) involved faculty alleged to have engaged in unwelcome physical contact dominated by groping, sexual assault, and domestic abuse-like behaviors. Second, more than half (53%) of cases involved professors allegedly engaged in serial sexual harassment. Thus, this study adds to our understanding of sexual harassment in the university setting and informs a number of related policy and legal questions including academic freedom, prevention, sanctions, and the so-called “pass-the-harasser” phenomenon of serial sexual harassers relocating to new university positions.

Keywords: sexual harassment, Title IX, civil rights, sexual assault, faculty, professors, graduate students, education law, #MeToo, OCR, litigation, academia, women in science, gender, repeat harassment, serial, power disparity, accountability, termination, academic freedom, economic impact, confidential

Suggested Citation

Cantalupo, Nancy Chi and Kidder, William, A Systematic Look at a Serial Problem: Sexual Harassment of Students by University Faculty (June 30, 2018). Volume 2018 of the Utah Law Review pages 671-786. Available at SSRN: https://ssrn.com/abstract=2971447

Nancy Chi Cantalupo (Contact Author)

Barry University - Dwayne O. Andreas School of Law ( email )

6441 East Colonial Drive
Orlando, FL 32807
United States

William Kidder

Sonoma State University ( email )

1801 East Cotati Ave.
Rohnert Park, CA 94928
United States

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