LEGAL COLUMN
Student-Professor relationships at Boise State University

It always seems to start out the same way. The youthful (and

allegedly innocent or naive) adult student attends the class of a

dynamic and intelligent professor. The student’s intellect is

stimulated in a way never before experienced. The source of the

information (the professor) evolves in the eyes of the student into

a deep spiritual being that awakens a part of them not yet

discovered or perhaps long forgotten. The student searches for

reasons to meet with the professor or “accidentally”

runs into them. After a few innocent meetings, the student becomes

enthralled with the professor and the professor is flattered by the

attention of such a devoted scholar of the subject matter. The

student’s academic performance does not suffer and the

professor continues to fulfill their professional and assigned

duties. We all know what happens next.

So what’s wrong with this picture? Here are two consenting

adults doing something that is not illegal. After all,

doesn’t every adult have a right to life, liberty, and the

pursuit of happiness as posited in the second paragraph of the

Declaration of Independence? Isn’t one’s right to

privacy protected under the Constitution?

Let’s consider this from a legal perspective. There is no

state or federal law that expressly prohibits a student and

professor from dating, provided that it is consensual and both are

of legal age. The only law that even comes close to addressing this

issue is the Title IX of the Educational Amendment. The two

theories under which to being suit under Title IX are “quid

pro quo” and “hostile environment”, both of which

require sexual harassment and an unwelcome, offensive, or

intimidating environment. This is not quite on point for the

scenario above, but a possibility if the relationship goes

sour.

Pursuing happiness may be a life-long goal for all of us, but

this pursuit is not directly protected under the law. The

Declaration of Independence is not law per se, but was a statement

that formally expressed the basis upon which independence from

England’s rule was sought. The Constitution applies only as a

limitation on government and governmental actors as they infringe

upon a legally protected right, not upon private persons who adhere

to a policy that judges or restricts another’s rights

(protected classes excepted). Thus, this is not a legal issue, but

solely a private or moral issue.

Boise State University has no formal written policy that

specifically restricts student – professor relationships. Section 1

of the Student Code of Conduct – Freedom of Association seems

a reasonable place to address this issue, but this section is aimed

at organizational associations. Sections 6-9 of the Code are

inapplicable to this topic since they address

“unwelcome” and “unwanted” advances,

whereas we are dealing with a consensual relationship.

The Idaho State Board of Education has jurisdiction over BSU.

However, the SBOE’s Governing Policies and Procedures manual

does not directly address student – professor relationships.

Section II, Subsection L addresses employee discipline and adequate

cause for termination/dismissal. The closest reference to our topic

may be “immorality” and “unprofessional

conduct” by an employee. Since the student and professor are

of legal age and presumably of at least average intellect, it seems

unlikely that the relationship is immoral as generically applied in

the manual. Thus, any challenge to the relationship must fall under

the nebulous definition of “unprofessional conduct” on

the part of the professor.

The applicable dictionary definition of unprofessional is

“not conforming to the standards of a profession.” A

review of the education profession’s standards of conduct

through the American Association of University Professors addresses

only professors in an academic or evaluative role to the student.

Note is made that the professor must avoid apparent or actual

conflicts of interest, favoritism or bias, but consensual

relationships are not prohibited, only suspect.

Some may argue that it may be unprofessional for any person in

authority over another to involve themselves emotionally with that

other person because it could eventually lead to subtle pressures

and subliminal favoritism. Does that mean that non-academically

associated students and professors avoid this concern? Others may

argue that any significant age difference could be signs of control

or lack of maturity, but with today’s student body and

faculty being age diverse, is this legitimate? And still others may

say that it’s poor manners. The bottom line is that there are

no concrete protocols in force at BSU that specifically address

this issue.

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Submit your legal questions to

“mailto:dreed@boisestate.edu”>dreed@boisestate.edu

This article is intended as a general review

of various legal issues. It should not be relied upon as a

substitute for comprehensive legal advice. The information

contained in this article is strictly the opinion of the author and

not necessarily the formal position of Boise State University or

The Arbiter.

Dr. Decateur Reed
Legal Columnist

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