Duke’s sexual misconduct policy leaves too MUCH to the imagination

The new sexual misconduct policy at Duke University has crossed the line. The FIRE alerted me to this potentially problematic policy, which at one point states that “real or perceived power differentials between individuals may create an unintentional atmosphere of coercion.”

Perceived power differentials? What on earth does that mean? More importantly, what on earth COULD that mean in the eyes of someone who wants to get an enemy into trouble.

This policy leaves a whole lot to the discretion of a school board, and in today’s world, that makes me nervous. In general, discretionary policy seems like a good idea. However, in a university atmosphere where rape is considered a mortal sin (for good reason) and where a lot of other things go by the book, it’s easy to see an administrator taking anything that falls under “perceived power differential” (i.e. pretty much any professor-student relationship) as an automatic offense.

Watch out, Duke profs. While you’re lecturing about the history of European economies, the student in the front row might think you’re coming on to him or her.