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CHAPTER THREE: 3205 EMPLOYMENT INFORMATION CONCERNING FACULTY AND STAFF December 2011
3205
CONSENSUAL ROMANTIC OR SEXUAL RELATIONSHIPS PREAMBLE: This section was created to clarify university
policy with regard to consensual relations. Faculty Affairs Committee recommends
that this policy be distributed to all students, staff and faculty at the start
of each fall and spring semester. Work on this policy began early in the year
and culminated in a final policy vetted by all student, staff and faculty groups
at the university, and which was approved by the Faculty Senate on November 8,
2011 and the Faculty on December 13, 2011 and President Nellis on December 13,
2011. For further
information please contact General Counsel and/or the Office of Human Rights,
Access and Inclusion. CONTENTS
A. Introduction B. Policy C. Failure to Comply with Policy A. Introduction. This policy addresses only
consensual romantic and sexual relationships. Nonconsensual sexual relationships
are addressed in university policies prohibiting sexual harassment and
discrimination, FSH 3170,
3200,
3210, and
3220. The university’s success in its educational mission depends on
the professionalism of its faculty and staff. Maintaining professional
relationships and the mutual respect and trust they engender between instructor
and student, supervisor and subordinate, and in all relationships involving
authority over another person, is key to this success. A romantic or sexual relationship in which one party has
direct academic, administrative, supervisory, evaluative, counseling or other
authority over the other party inevitably raises concerns for objectivity,
fairness, and exploitation. Such positions of authority include, but are not
limited to, instructor-student; instructor-assistant; senior faculty-junior
faculty; mentor-trainee; advisor-advisee; counselor-client; teaching
assistant-student; coach-athlete; student housing staff-resident; and
supervisor-employee. Consensual romantic or sexual relationships that develop in
these contexts have the potential for abuse and damaging consequences; the
imbalance of power creates unacceptable risks of exploitation, favoritism,
harassment, and bias, both actual and perceived, and thereby impairs the
integrity of the professional relationship and the trust on which it depends. Relationships that may appear to be consensual, even to the
parties involved, are frequently influenced by the position of authority held by
the faculty member, supervisor, or other person exercising authority. Any
faculty member, supervisor, or individual with authority over another who enters
into a romantic or sexual relationship with his or her student or employee
should realize that if a charge of sexual harassment were brought, either by the
student, employee or an affected third party, a defense of mutual consent would
likely fail. Sexual harassment violates federal and state law as well as
university policy (see FSH 3220). Students and employees should recognize the risks inherent in
romantic and sexual relationships with their instructors or supervisors, and
their ability to avoid the risks by staying out of such relationships. B. Policy. In order to foster healthy
professional relationships at all levels of the institution, it is the policy of
the University of Idaho that no employee shall enter into or continue a romantic
or sexual relationship with a student or employee over whom she or he exercises
academic, administrative, supervisory, evaluative, counseling or other
authority. This policy recognizes
that circumstances may develop that place one party to an existing romantic or
sexual relationship in a position of authority over the other. It further
recognizes that, despite this policy, consensual romantic or sexual
relationships may develop in existing relationships of authority. Therefore, if
a prohibited consensual relationship exists or arises, either the consensual
relationship must end or the relationship of authority must be eliminated. The
employee in the position of authority must disclose the romantic or sexual
relationship to his or her immediate supervisor or to the next level supervisor.
If the parties are unable, or do not agree, to immediately end the romantic or
sexual relationship, the supervisor must take prompt and appropriate action to
end the relationship of authority. In an instructor-student relationship, actions may include but
are not limited to: appointment of a qualified alternative instructor to the
position of authority; transfer of the student to another course, section, or
seminar taught by a different instructor; assignment or transfer of the student
to another academic advisor. In a supervisor-subordinate or other relationship involving
the exercise of authority, the university may alter supervisory or reporting
lines of either the supervisor or subordinate, and in other relationships of
authority, may take such action necessary to change the position of authority.
Whatever the nature of the authority one person has over another, prompt action
must be taken to remove the authority when a consensual relationship exists or
develops. To encourage reporting of relationships governed by this
policy, disclosures and actions taken shall be considered confidential, and they
will be treated as protected personnel information under the public records
statutes. Any complaint or charge of discrimination or sexual harassment
arising from a consensual relationship must be reported to the Office of Human
Rights, Access and Inclusion. C. Failure to comply with policy. Actions in
violation of this policy are considered unprofessional conduct and may
constitute adequate cause for discipline up to and including dismissal under the
provisions of FSH 3910,
3920, and
3930.
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