TO: All Faculty and Instructional Administrators
FROM: William J. MacQueen, Vice-President for Employee Relations
SUBJECT: Reminder regarding sex harassment of students and offensive  speech
DATE: September 7, 1993

In 1992, the administration reviewed the College's authority to proscribe sexual harassment of students and the use of profane, vulgar, or obscene language in the classroom by faculty.  This review was prompted by 1) a student complaint that a teacher's apparently gratuitous and frequent use of obscene language was sexual harassment and 2) the U. S. Supreme Court's decision in Franklin v. Gwinnett Public Schools holding school districts liable in damages for acts of sexual harassment by teachers.  Full consideration was given to academic freedom in analyzing the College's authority.  With the assistance of the College's general counsel, Hunter L. Wendt, and labor counsel, Thomas P. Brady, the administration concluded that academic freedom does not protect acts of sexual harassment or use of profane, vulgar, or obscene language which is unrelated to course content and educational purpose. Accordingly, the College will discipline teachers who sexually harass their students or gratuitously and regularly use profane, vulgar, or obscene language in the classroom.