Document Type


Publication Date


Journal Title

California Law Review Online






The #MeToo Movement cast a spotlight on sexual harassment in various sectors, including higher education. Studies reveal alarming percentages of students reporting that they have been sexually harassed by faculty and administrators. Despite annually devoting hundreds of millions of dollars to addressing sexual harassment and misconduct, nationwide university officials largely take an ostrich approach when hiring faculty and administrators with little or no scrutiny related to their past misconduct. Critics use the term “pass the harasser” or more pejoratively, “pass the trash” to capture the role that institutions play in allowing individuals to change institutions without the new employer learning about the employee’s prior sexual misconduct. This essay examines how and why the pass-the-harasser phenomenon arises and persists in postsecondary institutions, as well as recent changes two university systems and one state have made to deal with the problem. Although these efforts are commendable, experts recognize that the pass-the-harasser problem requires concerted action by institutions across the country. To push universities and colleges to become part of the collective solution, the essay proposes that accrediting agencies, as regulators, adopt an accreditation standard requiring that schools implement policies and procedures related to screening faculty candidates to determine if they have been subject to misconduct findings. Such an accreditation standard helps institutions fulfill their mission of providing a safe and healthy environment where students, faculty, and staff can learn, work, and thrive.

First Page


Last Page


Num Pages


Volume Number



University of California Berkeley School of Law

File Type




To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.