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2018 Utah L. Rev. 671 (2018)
A Systematic Look at a Serial Problem: Sexual Harassment of Students by University Faculty

handle is hein.journals/utahlr2018 and id is 697 raw text is: 






              A SYSTEMATIC LOOK AT A SERIAL PROBLEM:
    SEXUAL HARASSMENT OF STUDENTS BY UNIVERSITY FACULTY

                 Nancy Chi Cantalupo and William C. Kidder

                                    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
     obtainedfrom: (1) media reports; (2) federal civil rights investigations by


     *© 2018 Nancy Chi Cantalupo. Assistant Professor of Law, Barry University Dwayne
0. Andreas School of Law; B.S.F.S., Georgetown University; J.D., Georgetown University
Law Center. We are grateful to the following scholars for their reviews of various drafts of
this article: Ian Ayres, Deborah Brake, Naomi Cahn, Gabriel Jack Chin, Richard Delgado,
Phyllis Goldfarb, Rachel Moran, David Oppenheimer, Marjorie Shultz, Carol Stabile, and
Merle Weiner. We greatly appreciate Professor Julie Libarkin's work on her database of
sexual harassment cases in academia and for graciously corresponding with us about the
media cases we included in Section ll of this article. Special thanks to Dean Leticia Diaz
and Barry University Dwayne 0. Andreas School of Law for scholarship and grant support
for this piece, to Barry Law student, Michelle Scott, for her critical research assistance, and
to Barry Law student, Danielle Lewis, for her research support. Finally, we thank Robin
West and Margaret Woo for their advice and feedback on a shorter essay in which we
presented a preliminary exploration of a subset of the themes addressed in this article. See
Nancy Chi Cantalupo & William C. Kidder, Mapping the Title IX Iceberg: Sexual
Harassment in Graduate School by College Faculty, 66 J. LEGAL EDUC. 850 (2017).
     © 2018 William C. Kidder. Interim Associate Vice President and Title IX Director,
Sonoma State University; Research Associate, The Civil Rights Project (UCLA); B.A. and
J.D, University of California, Berkeley. The views expressed in this Article reflect my
scholarly research conclusions and are not intended to represent the official positions of the
administrations of either Sonoma State/CSU or my prior employer, the University of
California. For purposes of full disclosure, as a UC Riverside administrator, I was involved
in a number of faculty discipline cases over the years, including cases ultimately resulting in
termination, and for reasons of privacy and decorum I do not discuss those cases in this
Article.

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