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Beth Hubble claims that online commentators are misrepresenting how the DOJ agreement will affect academic freedom at the university.

“It’s not about what faculty teach, it’s about what faculty do,” she says.

“[S]exual harassment should be more broadly defined as ‘any unwelcome conduct of a sexual nature,'” reads the document.

“Whether conduct is objectively offensive is a factor used to determine if a hostile environment has been created, but it is not the standard to determine whether conduct was ‘unwelcome conduct of a sexual nature’ and therefore constitutes ‘sexual harassment.’” It’s a minor legal point, but critics say it could have big implications that could prevent teachers from teaching sexually explicit books and implicate everyday classroom flirtations.

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Says Hubble, “You teach whatever you teach, you just don’t hit on the students while you’re doing it.” Some students may also get a new dorm-mate this year.

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On June 6th, Professors Ann Green and Donna Potts of the American Association of University Professors (AAUP) wrote a letter to Assistant Attorney General Thomas Perez and Assistant Secretary for Civil Rights Russlynn Ali expressing their concern that “a broader definition of sexual harassment may limit academic freedom for the teaching of controversial subject matter.” In an email, Professor Green reflected that the most worrisome characteristic of the DOJ’s agreement is that it does not concur with precedent, which requires sexual harassment to be “evaluated from the perspective of a reasonable person in the alleged victim’s position.” “While I applaud efforts by the Do J to make campuses more safe for women,” Green told TIME, “the elimination of the reasonable speech standard is potentially dangerous when controversial material is taught.” The AAUP has encouraged the DOJ to adopt their definition of sexual harassment, which requires the input of a reasonable, objective outsider and states that in the teaching context behavior must be “persistent, pervasive, and not germane to the subject matter” to be considered harassment.

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The letter asks the school to encourage students to report what they believe to be sexual harassment on campus, regardless of whether the harassment is creating a hostile environment for students.

It also sets a broad standard for what harassment means.

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