Beyond Age: Why “Consent” is Complicated in College Staff-Student Relationships

When a student goes to college, they’re stepping into a world of new independence and responsibility. Many students are 18, the legal age of adulthood. This often leads to a misconception that relationships between staff and students are simply a matter of two consenting adults. However, in the context of a college campus, this is a dangerous and often incorrect assumption.When a staff member engages in sexual activity with a student, it can still be considered sexual assault, even if the student is 18 years of age or older.

The critical issue at play is the power dynamic. Professors, administrators, and other staff members hold a significant amount of power over students. This power isn’t just about grades or academic performance; it extends to letters of recommendation, career opportunities, and even a student’s standing within the academic community. This inherent imbalance makes true, free, and voluntary consent something to investigate when a student speaks up.

The Myth of “Consensual” Relationships

A person’s consent must be freely and actively given. It cannot be coerced, forced, or given under duress. When a staff member is involved, the student may even feel pressured to comply, believing that saying no could negatively impact their academic future or lead to retaliation. This fear, whether real or perceived, may eliminate the possibility of genuine consent.

Many universities have policies prohibiting romantic or sexual relationships between staff and students precisely because of this power imbalance. These policies recognize that a student cannot truly give consent in a situation where their success and future depend on the person they are in a relationship with. Sexual misconduct by a faculty member or other employee can be a form of sexual assault under federal law, specifically Title IX, which prohibits sex-based discrimination in education.

Understanding the Legal Ramifications

Sexual assault by a member of the staff can have severe legal and personal consequences for the victim. It’s a violation of trust that can lead to emotional distress, academic setbacks, and long-term trauma. Navigating the legal system in these cases can be complex, involving not only criminal charges against the perpetrator but also civil lawsuits against the university for negligence or for failing to protect its students.

Victims need a legal team that understands these nuances and can advocate for their rights. They need a team that knows how to handle the sensitive nature of these cases with a client-first motto.

Isaacs & Isaacs: Your Compassionate Legal Advocates

If you or someone you know has been a victim of sexual assault by a college staff member, the attorneys at Isaacs & Isaacs are here to help. Our compassionate lawyers are experienced in handling these complex cases and are committed to ensuring that your voice is heard and that justice is served. We understand the unique challenges faced by survivors and are dedicated to providing the legal support you need to hold perpetrators and institutions accountable.

At Isaacs & Isaacs, we prioritize your well-being. We know that the legal process can be intimidating, which is why we handle all the complexities while you focus on healing. Our motto is simple: we are here for our clients, and we will fight tirelessly to protect your rights.

Don’t face this alone. Call Isaacs & Isaacs today for a free and confidential case review.