Consensual Sexual or Romantic Relationships in the Workplace and Educational Setting
Saint Mary of the Woods College has a detailed policy regarding consensual sexual and romantic relationships between people in inherently unequal positions. If you are in such a relationship—or thinking about becoming involved in one—there are important risks, prohibitions, and requirements that you should understand.
This policy highlights the risks in sexual or romantic relationships in the SMWC workplace or academic setting between individuals in inherently unequal positions; prohibits certain relationships between teachers and students; and requires recusal (from supervision and evaluation) and notification in other relationships.
There are special risks in any sexual or romantic relationship between individuals in inherently unequal positions, and parties in such a relationship assume those risks. In the College context, such positions include, but are not limited to, teacher and student, supervisor and employee, senior faculty and junior faculty, adviser and advisee, coach and athlete, and individuals who supervise the day-to-day student living environment and their students.
Because of the potential for conflict of interest, exploitation, favoritism and bias, such relationships may undermine the real or perceived integrity of the supervision and evaluation provided. Further, these relationships are often less consensual than the individual whose position confers power or authority believes. In addition, circumstances may change, and conduct that was previously welcome may become unwelcome. Even when both parties have consented at the outset to a sexual or romantic involvement, this past consent does not remove grounds for a charge based upon subsequent unwelcome conduct.
Such relationships may also have unintended, adverse effects on the climate of an academic program or work unit, thereby impairing the learning or working environment for others – both during such a relationship and after any break-up. Relationships in which one party is in a position to evaluate the work or influence the career of the other may provide grounds for complaint by third parties when that relationship gives undue access or advantage, restricts opportunities, or simply creates a perception of these problems.
For all of these reasons, sexual or romantic relationships–whether regarded as consensual or otherwise–between individuals in inherently unequal positions should in general be avoided and in many circumstances are strictly prohibited by this policy. Since these relationships can occur in multiple contexts on campus, this policy addresses certain contexts specifically. However, the policy covers all sexual and romantic relationships involving individuals in unequal positions, even if not addressed explicitly in what follows.
With Students
At a College, the role of the teacher is multifaceted, including serving as intellectual guide, mentor, role model and advisor. This role is at the heart of the College’s educational mission and its integrity must be maintained. The teacher’s influence and authority can extend far beyond the classroom and into the future, affecting the academic progress and careers of our students.
Accordingly, the College expects teachers to maintain interactions with students free from influences that may interfere with the learning and personal development experiences to which students are entitled. In this context, teachers include those who are entrusted by SMWC to teach, supervise, mentor and coach students, including faculty and academic advisors.
Additional Matters
The College does recognize that the compensation benefit of tuition remission for spouses and/or dependent children of faculty and staff may create instances where the student/spouse/child and the teacher/spouse/parent are confronted with the issue of the exercise of academic authority over the spouse/child and the potential of impairing the learning or working environment for the spouse/child and others. Every effort will be exercised by the College to limit the academic and work related interactions thereby minimizing the potential for actual or perceived bias, favoritism or undue advantage.
If there is any doubt whether a relationship falls within this policy, individuals should disclose the facts and seek guidance rather than fail to disclose. Questions may be addressed to your supervisor or the appropriate Vice President or to the Title IX Coordinator. In those rare situations where it is programmatically unfeasible to provide alternative supervision or evaluation, the appropriate Vice President or supervisor must approve all evaluative and compensation actions.
Employees who engage in sexual or romantic relationships with a student or other employee contrary to the guidance, prohibitions and requirements provided in the policy are subject to disciplinary action up to and including dismissal, depending on the nature of and context for the violation. They will also be held accountable for any adverse consequences that result from those relationships.
Employment by a related person in any position (e.g. regular staff or faculty, temporary, casual, third party, etc.) within a department can occur only with the approval of the appropriate Vice President or his/her designee. Under no circumstances may a supervisor hire or approve any compensation action for any employee to whom the supervisor is related. An individual may not supervise, evaluate the job performance, or approve compensation for any individual with whom the supervisor is related.
All College proceedings are conducted in compliance with the requirements of Title IX, the Clery Act, the Campus SaVE Act, FERPA, state and local law, and College policy. No information shall be released from proceedings under the Policies, the Procedures or this Standard except as required or permitted by law and College policy. The College reserves the right to notify the parents/guardians of dependent students regarding any conduct situation, particularly probation, suspension, and dismissal.
As a general proposition, the College believes that a sexual or romantic relationship between a teacher and a student – even where consensual and whether or not the student is subject to supervision or evaluation by the teacher – is inconsistent with the proper role of the teacher. Not only can these relationships harm the educational environment for the individual student involved, they also undermine the educational environment for other students. Furthermore, such relationships may expose the teacher to charges of misconduct and create a potential liability, not only for the teacher, but also for the College if it is determined that laws against sexual harassment or discrimination have been violated.
Consequently, the College has established the following parameters regarding sexual or romantic relationships with SMWC students:
First, sexual or romantic relationships between teachers and undergraduate students are prohibited – regardless of current or future academic or supervisory responsibilities for that student.
Second, whenever a teacher has had, or in the future might reasonably be expected to have, academic responsibility over any student, such relationships are prohibited. This includes, for example, any faculty member who teaches in a graduate program. Conversely, no teacher shall exercise academic responsibility over a student with whom he or she has previously had a sexual or romantic relationship. “Academic responsibility” includes (but is not limited to) teaching, grading, mentoring, advising on or evaluating research or other academic activity, participating in decisions regarding funding or other resources, clinical supervision, and recommending for admissions, employment, fellowships or awards. In this context, students include graduate and professional school students.
Third, certain staff roles (including deans and senior administrators, coaches, supervisors of student employees, student life staff, as well as others who mentor, advise or have authority over students) also have broad influence on or authority over students and their experience at SMWC. For this reason, sexual or romantic relationships between such staff members and undergraduate students are prohibited. Similarly, relationships between staff members and other students over whom the staff member has had or is likely in the future to have such influence or authority are prohibited.
When a preexisting sexual or romantic relationship between a College employee and a student is prohibited by this policy – or if a relationship not previously prohibited becomes prohibited due to a change in circumstances – the employee must both recuse himself or herself from any supervisory or academic responsibility over the student, and notify his or her supervisor, department chair or administrator about the situation so that adequate alternative supervisory or evaluative arrangements can be put in place. Failure to disclose the relationship in a timely fashion will itself be considered a violation of policy.
In Other Contexts
Consensual sexual or romantic relationships between adult employees (including faculty) are not in general prohibited by this policy. However, relationships between employees in which one has direct or indirect authority over the other are always potentially problematic. This includes not only relationships between supervisors and their staff, but also between senior faculty and junior faculty, faculty and both academic and non-academic staff, and so forth.
Where such a relationship develops, the person in the position of greater authority or power must recuse him/herself to ensure that he/she does not exercise any supervisory or evaluative function over the other person in the relationship. Where such recusal is required, the recusing party must also notify his/her supervisor, department chair, dean or human resources manager, so that person can ensure adequate alternative supervisory or evaluative arrangements are put in place. Such notification is always required where recusal is required. Failure to disclose the relationship in a timely fashion will itself be considered a violation of policy.
The College has the option to take any action necessary to insure compliance with the spirit of this policy, including transferring either or both employees to minimize disruption of the work group.