Departments have a right and an obligation to consider ethical behavior
of faculty they are recruiting because the Code extends the ethical
obligations of sociologists beyond their own behavior. Departments, and
more specifically, the individual sociologists in them who are covered
by the Code, are required to be concerned with the protection of all
students, staff and faculty. So, in this case, Professor Stone's
information was relevant and, the members of the Personnel Committee
acted appropriately in gathering factual information from official,
responsible parties, rather than relying on rumor. In this case,
because Professor Maksom was cleared of charges, the information that
he had been charged with sexual harassment cannot be used against him
in the hiring decision. To do so would be prejudicial and in violation
of the Code. The situation would have become more difficult in two
situations. First, if the Committee found that officials who would have
reason to have access to such information stated that, officially, they
could not discuss any charges regarding Professor Maksom. The use of
"sealed bargains" presents enormous problems that pits the
responsibility of protecting those we serve and of ensuring fair
treatment of colleagues. Second, that while the committee, indeed,
found that Professor Maksom has been cleared, or at least not found
guilty, of sexual harassment in almost a dozen complaints over the last
twenty years. In this case, the pattern of allegations raises more
serious problems for the Committee.