This comes via The College Fix: “A student at Western Nevada College has filed a sexual harassment claim against the school, citing her experiences in Tom Kubistant’s Human Sexuality class. The student, Karen Royce, alleged that Kubistant instructed students to masturbate twice as often and keep detailed accounts of their sexual lives.”
According to the Arizona Republic:
Other journal assignments in Kubistant’s class included requiring female students to write “your views of your breasts and vulva,” and the instruction: “Your orgasms. Draw them!”
The term paper for the course requires students to write a 12- to 14-page sexual case study on themselves.
The project begins with a sex history — including a directive to reveal any instances of abuse — and continues through sexual values, arousal patterns and atypical issues such as fetishes.
When Royce asked Kubistant for an alternative assignment, she said, he again refused.
“He said I absolutely had to complete it as assigned or I would not pass the class,” she said in the complaint. “Then he inferred to the class that I had issues that (I) need to work out and this might be sexual freedom.”
From a moral standpoint, this is debased. From an academic standpoint, this is without purpose. From a legal standpoint, if the professor actually made a point of criticizing the student in front of the class and inferring that she had “issues,” then this may well be sexual harassment.
A blog about academia shouldn't use "infer" when the writer means to say "imply."
Reply to this commentLinkReport AbuseThe "blog" didn't use "infer," the student did.
Reply to this commentLinkReport Abuse"From a legal standpoint, if the professor actually made a point of criticizing the student in front of the class and inferring that she had “issues,” then this may well be sexual harassment."
The blog did it too.
Reply to this commentLinkReport AbuseIt's not sexual harassment under federal law, because the "harassment" wasn't based on sex. Contrary to conventional wisdom, sexually offensive language isn't sexual harassment unless it is aimed at the plaintiff based on her sex, or (according to some courts) is sexist in nature. See Gallant v. Board of Trustees (a case that held that a bisexual man discussing sex with a female student did not violate Title IX even if it was inappropriate because it wasn't based on her sex), Wolfe v. Fayetteville School District, Simonton v. Runyon, Higgins v. New Balance, and Schroeder v. Hamilton School District.
Who knows whether it constitutes sexual harassment under Nevada state law, although I doubt it.
Reply to this commentLinkReport AbuseDebatable. There is this: Other journal assignments in Kubistant’s class included requiring female students to write “your views of your breasts and vulva,” and the instruction: “Your orgasms. Draw them!”
I am curious if there was a parallel assignment for males.
Reply to this commentLinkReport AbuseI think you are only partially correct as to what constitutes harrassment. I believe creating a hostile environment will also lead to the possibility of harrassment charges. It does not have to be directed at the defendent and there is case law to support this.
Reply to this commentLinkReport AbuseFROM END OF ARTICLE: Mark Ghan, WNC vice president and general counsel, defended the instructor and his teaching methods:
Ghan said an independent investigator determined that Royce’s harassment allegation was unfounded.
“The conclusion is there’s no sexual harassment,” he said. “I’m not surprised, because sexual harassment in the law is unwelcome conduct. It’s not unwelcome conduct when you intentionally sign up for an elective course.
SO EVIDENTLY, ACCORDING TO ACADEMIA, "THIS CHICK WAS 'ASKING FOR IT.'"
Reply to this commentLinkReport AbuseI bet this guy *really* enjoys grading papers. The implication of "issues" was of course inappropriate, but doesn't really sound like harassment, exactly. And probably unsurprising, in that context -- libertines are notoriously intolerant of those who are less, um, flexible.
As an aside: College students were instructed to m***t**b**e twice as often? I'm surprised anybody ever made it to class at all.
Reply to this commentLinkReport AbuseStrange indeed. But don't these students do any sleuthing at all before signing up for such classes? When I was in school, the handful of electives which were kind of self-indulgent oddities developed reputations that kind of assured that you knew what you were in for. I mean, if this was entirely new and nobody had any expectation of having to chronicle their own sex lives, you'd think that there would be more than a revolt of one.
Reply to this commentLinkReport AbuseWhy, oh why should such courses exist anywhere on a campus?
And when they do, they are using resources that ought to be used for real educators.
Reply to this commentLinkReport AbuseI would love to ask one of the administrators supporting this class if the course catalog warned, "you will need to engage in sexual acts to pass this class." Would they have the balls to do it? And if not, why not? (besides the fact that it would probably overenroll the class)
Reply to this commentLinkReport AbuseMr. Kubistant appears to be a perfect case study of a dyed-in-the-wool pervert. I recommend long, COLD baths. With ice-cubes if necessary.
Reply to this commentLinkReport AbuseSexual harassment? you've got to be kidding, it's just plain old ordinary harassment.
Reply to this commentLinkReport AbusePerhaps you haven't seen "Paper Chase".
Here is a direct link to the actual course description:
External Link
Under item II: course objectives, the very last of four objectives is;
"Ability to apply course materials to case studies and their own sexual development."
As this seems intentionally listed as the last objective it suggests that the student will demonstrate the knowledge attained during the course by self analysis.
The assignment seems perfectly aligned with the course objective listed.
However, to me the actual issue should be PRIVACY and the professor should at least hold a doctorate of psychology and license to practice in the state of Nevada.
All personal information submitted by the student should be held in the strictest of doctor patient confidence. Further it would seem appropriate that all personal information should be destroyed or returned once the grade has been given and reviewed by the student.
Seems like the students should also be given medical records release forms which they can
sign or decline. Improper use of personal medical information or practicing without a license would seem the more appropriate legal route.
Last, the student seems to be quite naive, to pass after months of studies surely she could have produced a paper that was "close enough" to herself to pass the basic 130 level course. A proper first "request" of the professor would be to question whether or not the papers would be kept as private and treated as MEDICAL RECORDS which is what the professor is asking for.
Boundary issue #1: violating the boundary distinguishing "personal" from "public" information. Sexually intimate activity (including self-revelation) is only appropriate when what is inherently personal is kept private.
Boundary issue #2: violating the boundary distinguishing "voluntary" sexual activity from "coercive". Sexually intimate activity is only appropriate when it is voluntary.
Boundary issue #3: violating the boundary distinguishing authority relationships from peer relationships. Sexually intimate activity is only appropriate between peers (not relationships involving authority figures).
This man is not suitable to be an instructor of young people; he himself does not understand some of the basic tenets of what constitutes appropriate sexual behavior.
Reply to this commentLinkReport AbuseThe argument should be made that a college course is to advance your education. In this case your education of sexuality.
That is a far cry from a self help course(no pun intended) where you discover YOUR sexuality.
Teach them about sexuality as much as you like but don't make it ABOUT the student....that is not the duty of the university.
Reply to this commentLinkReport AbuseI'm guessing the 'professor' reads assignments with his pants around his ankles. What a joke of a so-called education.
Reply to this commentLinkReport AbuseStudents should watch for stained papers...
Reply to this commentLinkReport AbuseI think the student is partially to blame here for taking such a course in the first place. Also, if she didn't like the material after signing up (what was assigned admittedly wasn't in the course outline), she should have dropped it instead of asking for "special treatment" beyond her classmates. She's responsible for this, first and foremost. What the instructor did afterward, if accurate, proves that he's a jack-a** that might just have gone too far (legally, that is). In short, they're both idiots, but students need to take some responsibility for the courses they elect to take.
Reply to this commentLinkReport AbuseThe problem with this argument is that it puts the burden on the student to avoid inappropriate behavior from the teachers. It is tantamount to saying students don't have a right to expect accredited courses to match their descriptions or be legitimate educational offerings, and that students don't have a right to expect trustworthy teachers.
You don't have to be a regulation nut or an enemy of market forces to recognize that markets rely on accurate information. Accredited colleges are supposed to meet a certain standard, and colleges that can't or won't meet that standard either must be corrected or must be marked as substandard.
The presence of such inappropriate boundary violations on campus affects all the students, whether they sign up for the class or not. Professional judgment is a large part of what students pay for when they go to school. Students must be able to trust and rely on the teachers and the school, and must not be expected to take responsibility for worrying about trying to figure out whether teachers are predators or have conflicts of interest.
No student ever has to explain or defend why they signed up for a class from a legitimate university. They are free to sign up for whatever is offered without fear that they are walking into something inappropriate.
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