The purpose of this paper is to demonstrate that higher education institutions should change their Faculty Codes of Conduct to reflect workplace bullying as a form of harassment that is unacceptable. This paper provides a definition for workplace bullying; secondly, it offers an analysis of how the First Amendment is not an absolute, especially in the workplace; thirdly, it examines the scant legislative and judicial attention that is given to this issue; and finally, an argument is made to show how colleges and universities are not adequately addressing workplace bullying through clear policies and procedures that render due process. Results of a thematic analysis of 276 Faculty Codes of Conduct from a variety of universities and colleges across the United States revealed two primary themes: The Harassment Hang-up and Employee Engagement. Based on this analysis, higher education institutions should change their Faculty Codes of Conduct so bullying is defined as a distinctive form of harassment that is not tolerated, institutions provide faculty and staff clear communications regarding how to define bullying, and instructions are given for what a person can do as a bystander or target.
This manuscript examines some case law and some state laws about intentional and negligent transmissions of sexually transmitted diseases. The author contends that even when some people knowingly have a sexually transmitted infection and are aware of legal consequences, they will still engage in sexual risk taking behaviors. This conceptual essay will attempt to illuminate the need for policymakers and legal scholars to engage in formal discourse that examines the efficacy of individuals disclosing their sexual histories to partners and intentional or negligent nondisclosure of one’s sexual infection; the possible legal consequences that may emerge from nondisclosure; and the potential economic impact on society.
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