early
everyone in academic medicine knows of intimate
relationships between faculty and medical trainees.
In two studies, about one out of 20 medical students
acknowledged having had at least one consensual
relationship with a faculty member during training,1,2
17 percent of female psychology students reported
intimate sexual contact with an educator during
training,3
and a startling 46 percent of female medical trainees
report nonconsensual sexual interactions involving
faculty, such as sexual harassment, discrimination
or coerced sexual intimacy.4
The same issues emerged in the world of private
medical practice. Is it ethical for a physician
to initiate an intimate relationship with a coworker?
Under what circumstances would this be permissible
or problematic? Sexual misconduct by physicians
involving patients has long concerned licensing
bodies, communities and governments. Professional
education about appropriate personal boundaries
with patients, co-workers and between medical faculty
and their trainees has remained largely unaddressed.5
Such relationships raise important ethical questions
involving personal autonomy versus benefits and
harms to coworkers, students, patients and the physicians
themselves.
Should a private relationship be of institutional
or societal concern?
Our culture values individual freedoms, strongly
supporting the rights of mature individuals to develop
relationships without undue regulatory interference.
Sexual relationships are intensely private, and
it is abhorrent to consider them being scrutinized
by governments and institutional regulators. Nevertheless,
in limited circumstances, regulatory oversight of
private relationships is accepted, including relationships
in which behavior is perceived to have overwhelmingly
negative impact on a community or when especially
vulnerable persons might be exploited. Inappropriate
touching of patients by physicians, domestic abuse,
marital rape and incest are examples of behavior
that our society proscribes. The American Medical
Association (AMA) Council on Ethical and Judicial
Affairs has consistently ruled that some intimate
relationships, such as those between trainees and
teachers, patients and doctors, and physicians and
co-workers, should be discouraged.6
The following discussion centers on teacher-student
relationships, which could occur in the academic
setting. Similar concerns apply, however, if the
physician has the power to influence evaluation
of a coworker of unequal status or power within
a health care institution. A physician who has or
will in the future provide medical care for a patient
should avoid a personal relationship because the
power differential between physician and patient
is too vast for such a personal relationship to
be truly consensual. Physicians must monitor themselves
to avoid inappropriate speech to or touching of
patients or coworkers that could be interpreted
as flirting, coercing or suggesting a personal relationship.
Differences in power and influence in the medical
workplace create the potential for coercive and
disruptive interactions between physicians and staff
and even between physicians themselves. Intimate
relationships in the work setting can thus set the
stage for claims of harassment, a hostile work environment
and coercion.
Are faculty-student relationships truly consensual?
Many professionals question whether such relationships
can ever be truly consensual when the teacher is
in a position to affect a student’s evaluations
and future career prospects. Even when a teacher
may not actually intend to coerce a student,
the student may harbor the belief or fear that his/her
evaluations will suffer if he/she does not engage
in the relationship or that he/she will be elevated
if they do.
Several studies show that trainees who develop sexual
relationships with their teachers commonly feel,
at least to some degree, coerced to enter or remain
in the relationship and that these feelings increase
over time.1,2
For example a student who is dependent on financial
aid for his/her education, but whose aid is contingent
on good grades, may not feel he/she can reasonably
refuse to enter into an intimate relationship if
approached by a key evaluator. A large number of
students also reported that the relationship had
a significantly negative impact on career plans
and relationships with other teachers.1,2
Even when such relationships begin consensually,
studies indicate that they frequently result in
fear, regret and disproportionate guilt on the part
of the student as time goes on.5
Do such relationships cause harm to anyone else?
There is disturbing and strong evidence that students
who engage in a sexual relationship with a faculty
member are at increased risk of future sexual misconduct
or abuse involving their own students or patients.4,7,8,9
An inappropriate faculty-student relationship can
impair the faculty member’s ability to recognize
and deliver appropriate feedback when the student
commits errors in clinical decision-making or has
other performance issues. When faculty members consciously
or subconsciously “gloss over” training
issues because of their relationship with the student,
it results in negative effects not just on the patient
under their immediate care but on that student’s
future patients as well.10
Policies to address faculty-student relationships
One way to mitigate conflicts of interest generated
by an intimate relationship between a student and
faculty member is for the teacher to withdraw from
any role that might involve either supervising or
evaluating the student, both now or in the future.
This may be more difficult than it appears. In the
case of medical students and residents, it can affect
daytime clinical schedules, call obligations and
cross-coverage issues and may therefore be nearly
impossible to implement. Moreover “supervision
and evaluation” extend beyond clinical situations:
Faculty meetings, reports and comments that directly
or indirectly affect performance evaluations submitted
by others should be avoided as well.
How should interactions between the student and
faculty member be handled when the relationship
has ended? The emotional aftermath of the relationship
may inappropriately influence future evaluations
of the student by the faculty member or of the faculty
member by the student. For just such reasons, the
University of California implemented a policy at
all nine campuses in 2003 that prohibits teachers
from dating either students who are in their classes
or students for whom they might reasonably expect
in the future to have academic responsibility.11
AMA’s position is that “consensual relationships”
between a teacher and student are particularly wrong
if a current supervisory relationship exists between
the two, but they also should be avoided if it is
possible that the trainee might unexpectedly come
under the supervision of the teacher in question
at some future time.6
The fact that such future circumstances may be impossible
to anticipate argues for avoiding intimate faculty-student
relationships altogether.
Special cases
The rights of adults to make autonomous decisions
are a dominant ethical principle, and policies entirely
prohibiting intimate faculty-student relationships
are therefore problematic and undesirable. It is
clearly unethical, however, for a faculty member
to engage in repeated relationships with students
such that, in the words of Pope, the teacher “seems
to regard the trainee pool as a ‘private game
reserve’ or well stocked lake, replenished
every year.” Such behavior amounts to a form
of sexual predation and is specifically exploitative
of students. It also harms the teacher and his/her
work by discrediting him/her within the trainee
pool.12
In summary
Intimate relationships between medical trainees
and their teachers present unique and troubling
ethical questions and are at best imprudent. Blanket
policies prohibiting all such relationships are
overly broad, though, and interfere too much with
the rights of adults to have private relationships.
Institutional policies regarding such relationships
should require at a minimum that the teacher end
any current or future supervisory role over the
student when such a relationship develops. Teachers
need to be aware that such relationships carry the
risk of harming their credibility as teachers and
the credibility of the faculty group to which they
belong.
Finally, sexually predatory behavior in the academic
or private practice setting is entirely unethical
and should be subject to disciplinary action when
it occurs. Anesthesiologists should realize that
speech and behavior within the workplace that once
was tolerated may no longer be permitted. The creation
of an uncomfortable workplace by the use of “flirting,”
suggesting that an intimate relationship exists
and telling of sexually explicit “jokes”
are no linger permissible because they are unethical
and may be illegal under federal regulations intended
to protect workers.
References:
1. Carr M, Robinson GE, Stewart D, et al. Resident-educator
sexual involvement. Am J Psychiatry. 1991;
148:216-220.
2. Gartrell N, Herman J. Olarte S, et al. Psychiatry
residents and sexual contact with educators and
patients: Results of a national survey. Am J
Psychiatry. 1988; 145:690-694.
3. Glaser RD, Thorpe JS. Unethical intimacy: A survey
of sexual contact and advances between psychology
educators and female graduate students. American
Psychologist. 1986; 41(1):43-51.
4. Moscarello R, Margittai KJ, Rossi M. Differences
in abuse reported by female and male Canadian medical
students. CMAJ. 1994; 150:357-363.
5. Robinson GE, Stewart DE. A curriculum on physician-patient
sexual misconduct and teacher-learner mistreatment
Part 1: Content. CMAJ. 1996; 154:643-649.
6. For a complete list and files of AMA CEJA rulings,
refer to www.ama-assn.org/ama/pub/category/3840.html.
7. Baldwin DWC, Daugherty SR, Eckenfels EJ. Student
perceptions of mistreatment and harassment during
medical school. A survey of 10 United States schools.
West J Med. 1991; 155:140-145.
8. Pope KS, Levenson, H, Schover LR. Sexual intimacy
in psychology training. Am Psychol. 1979;
34:682-689.
9. Strasburger LH, Jorgenson L, Sutherland P. The
prevention of psychotherapist sexual misconduct;
Avoiding the slippery slope. Am J Psychother.
1992; 46:544-555.
10. Ryan CJ. Sex, lies and training programs: The
ethics of consensual sexual relationships between
psychiatrists and trainee psychiatrists. Austral
N Z J Psych. 1998; 32:387-391.
11. Paulson A. Student/teacher romances off limits.
Christian Science Monitor. Feb 17, 2004.
12. Pope KS. Therapist-patients syndrome: A guide
for attorneys and subsequent therapists to assessing
damage. In: Gabbard Go, ed. Sexual Exploitation
in Professional Relationships. Washington DC:
American Psychiatric Press; 1989:39-55.
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Gail
A. Van Norman, M.D., is Clinical Associate Professor,
Department of Anesthesiology, Faculty Associate,
Department of Biomedical Ethics, University
of Washington, Seattle, Washington, and staff
anesthesiologist, Pacific Anesthesia, Tacoma,
Washington. |
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