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Civil Liberties Lawyer Speaks on Harassment

By H. NICOLE Lee

Sexual harassment should be carefully defined so that it does not infringe upon freedom of speech, a prominent Boston civil liberties lawyer said last night.

Speaking before a handful of students at Dunster House, Harvey A. Silverglate, former president of the Civil Liberties Union of Massachusetts, said college campuses must support total freedom of speech.

"The minute we start drawing lines censoring some speech [perceived as sexual harasment], we'll be on a slippery slope downhill," Silverglate said.

By censoring speech on campus in an attempt to "remedy and eliminate [what could be] a hostile environment," Silverglate said that "academic freedom would be destroy[ed]."

Silverglate, a 12-year affiliate of Dunster House, recently represented Swarthmore College student Ewart Yearwood after Yearwood was accused of sexual harassment by another student.

Students participated actively in the discussion. Ben H. Torrance '95 asked about professors who demand sex from students and threaten them with poor grades if they do not comply.

Silverglate, a 1967 graduate of the Law School, responded that such professors should be subject to discipline or prosecution.

"In such cases," Silverglate responded, "those professors should be tried."

Several students, however, challenged Silverglate. They argued that students have the right to expect appropriate speech from professors, and that some degree of censorship should be established.

Kathryn L. Tucker '94 said professors who sexually harass students can be more damaging than even those instructors who are harsh and "intimidating."

"Professors who make sexual advances prevent students from doing theirwork," Tucker said.

Silverglate said sexual advances had to be moreaccurately defined. Telling sexually explicitjokes before a mixed audience, for example, doesnot necessarily constitute sexual harassmenttowards particular individuals, he said.

Silverglate also discussed what he sees as thedeterioration of relationships between studentsand administrators at universities across thenation, including Harvard.

Silverglate said principles of academic freedomand liberty, for example, are being subordinatedin order to maintain "peace and quiet on campus."

The overriding concern for most administrators,Silverglate said, is "no trouble on my watch."

But students who do not speak up for their ownrights are equally to blame for problems oncampus, Silverglate said. Passive students havefailed to keep university administrators honest,he said.

"There's passivity, there's apathy, eventerror," Silverglate said. "Students are tooafraid to act. There isn't a sense their right aredefensible.

Silverglate said sexual advances had to be moreaccurately defined. Telling sexually explicitjokes before a mixed audience, for example, doesnot necessarily constitute sexual harassmenttowards particular individuals, he said.

Silverglate also discussed what he sees as thedeterioration of relationships between studentsand administrators at universities across thenation, including Harvard.

Silverglate said principles of academic freedomand liberty, for example, are being subordinatedin order to maintain "peace and quiet on campus."

The overriding concern for most administrators,Silverglate said, is "no trouble on my watch."

But students who do not speak up for their ownrights are equally to blame for problems oncampus, Silverglate said. Passive students havefailed to keep university administrators honest,he said.

"There's passivity, there's apathy, eventerror," Silverglate said. "Students are tooafraid to act. There isn't a sense their right aredefensible.

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