Consensual Intimate Relationships Between Members of the University Community

Effective January 17, 2013  

There are various approaches an institution could take to address the issue of consensual romantic relationships between persons. (See definitions below). One extreme is to ban all such relationships. The other is to pretend such relationships do not exist. The University has chosen a middle ground in this policy. {In brief, the policy states that instructors should not date or begin romantic relationships with students taking their classes. Campus counselors should not date or be in romantic relationships with any counselees. Employees should not date or begin a romantic relationship with anyone who reports to them or whose performance they are in a position to evaluate. This policy discusses the reasons for this stance, and explains what to do in case such a relationship begins.} 

This policy not only points out the potential legal and ethical pitfalls of intimate relationships in a University setting, but also, and more specifically in the "Standards and Procedures" section, asserts the University's right to protect the integrity of its own operations from the conflicts of interest and disruptions in the academic and employment environments that can arise from intimate relationships involving members of the University community.

{As the policy presents various sorts of consensual relationships, it does not supersede any of our injunctions against sexual promiscuity (including adultery and pre-marital sex) in the Greenville University Lifestyle Statement.} 

General Nature of the Problem

Intimate relationships between "senior" and "junior" members of the Greenville University community--that is, between two persons where one party (the "senior") possesses direct academic, administrative, counseling, or extracurricular authority over the other (the "junior") are a matter of significant concern to the University because of the legal, ethical and administrative problems they can pose. Those problems are most severe {For example,} when a consensual relationship takes place between an instructor (e.g., professor, adjunct faculty member, teaching assistant, graduate assistant) and a student when the student is enrolled in one of the instructor's courses for which the student will receive a grade, or when the student is likely to be enrolled in such a course in the future. These problems can also arise in situations between counselors and counselees and coaches and student athletes. Given the potential for such problems, the University strongly recommends that members of the University community avoid any senior-junior consensual intimate relationships.

The University urges that all such relationships be avoided with regard to undergraduate students. At Greenville University, a large majority of undergraduate students who are enrolled in the on-campus programs are between the ages of eighteen and twenty-two. Many are living away from home for the first time. Because of the unique susceptibility of these young men and women, instructors are under a special obligation to preserve the integrity of the instructor student relationship with undergraduate students. If, however, members of the community choose by mutual consent to enter into such relationships, the University requires that they take specific steps (as set forth below in the “Standards and Procedures” Section) to minimize the problems that may arise from them. Sanctions shall be commensurate with the magnitude of the harm, if any, caused. 

Examples

There are many ways problems can arise when a senior member of the Greenville University community engages in an intimate relationship with a junior member. First, when one person has the ability to grade, advance, promote, recommend, or otherwise influence the employment or academic status of the other, there is the possibility that what appears to be a consensual relationship is incorrectly perceived to be so. Some recipients of romantic advances may fear that refusal will result in loss of an employment or academic benefit. They may go along with the requested relationship even though it is, in fact, unwelcome to them (and may even cause them psychological harm). The United States Supreme Court has ruled that such a person is a victim of illegal sexual harassment and that a school can be liable for monetary damages for an instructor’s coercive engagement with a student. The University insists on an environment free from sexual coercion and intimidation in which to study and work and, of course, also wants to avoid the legal liability that can result from harassment.

A senior member in the position of authority who may desire a romantic relationship with a junior member has strong reasons to avoid it, since what seems initially to be consensual may actually be unwelcome or coercive from the junior member’s perspective. The junior member may file an internal grievance or a formal lawsuit, creating a risk that the person in authority will suffer negative career consequences and may have to pay damages to the victim. Because of the serious consequences to the senior member in the relationship, that person also subjects himself or herself to the possibility of coercion or blackmail.

Even when such a relationship is genuinely consensual (and therefore does not constitute sexual harassment or raise the other concerns noted above), the relationship can cause problems for both parties and harm the academic and work environment at the University. There is the appearance and often the reality of a conflict of interest on the part of both parties to the relationship. Others may believe that the senior member favors the junior member because of the intimate relationship, thus creating an atmosphere of suspicion and resentment among other juniors who think the junior in the relationship is obtaining undeserved benefits. The junior member’s professional reputation or academic standing may be injured because of the perception that the benefits were due to their personal relationship with the senior, rather than to the junior member's own work or study. 

There is also a serious risk that one party may exploit the other. The senior member may be interested in the junior member solely for purposes of gratification, but the junior may construe that attention as related to the junior member's intellect, as revealed through his or her studies or work. If the junior member participates in a romantic relationship and then discovers the true situation, there is a potential for a damaging loss of self-esteem by the junior member (especially where the two are instructor and young student and there is a significant age disparity between them). There is also the risk of the junior member exploiting the senior member. For example, a junior member might seek out a relationship solely because of a desire to obtain some academic or employment benefit from the relationship (such as a higher grade or a promotion).

Standards and Procedures 

For the reasons expressed in the previous section of this Policy, the University strongly urges members of the University community to refrain from engaging in romantic or intimate relationships with another member of the University community when one person possesses direct authority over the other, whether that authority is used by one who is an instructor, counselor or supervisor of the other or by someone who can directly influence the academic or work status of the other (e.g., a senior instructor serving as a member of the tenure committee for a junior instructor, an instructor serving as the thesis advisor for a graduate student, a senior student on a board or club voting whether a junior student should attain the same status, a supervisor filling out a performance evaluation for his or her subordinate.)

{If, nevertheless, two members of the University Community commence such a relationship, the University requires that they take the measures described below, in order to lessen or minimize the conflict of interest and disruption of the academic and employment environment that can arise in such situations. The University emphasizes that the following measures cannot eliminate entirely the substantial likelihood of conflict and disruption, and that the course of action strongly preferred by the University would be for the two to refrain from engaging in consensual intimate relations for as long as necessary to prevent conflict and disruption.}

Relationships Between Instructor and Students

The University has determined that there is an inherent conflict of interest when an instructor and a student simultaneously maintain both a direct student-faculty relationship and a romantic relationship and, therefore, prohibits simultaneous participation in both roles. Thus, if one party to a consensual relationship is a student of the other person in a course for which the student will receive a grade, the student should immediately withdraw from the course and should never again take a course with that instructor. In such a case, it is the duty of the instructor to take all steps to assure that the student's enrollment in the course is promptly terminated. If the student is not currently enrolled in any of the instructor’s courses when the relationship begins, the student should refrain from taking any future course with the instructor. If the student has that instructor as his or her advisor, the instructor must take steps to find a new advisor for the student. Whenever possible the instructor should seek to avoid teaching, advising, or doing research with the student even if the relationship has ended. In all cases where an instructor and a student become romantically involved, the instructor must inform the school dean immediately. 

Counselors and Counselees

Because of the potential for emotional harm, individuals should not engage in any kind of intimate relationship when in an official counselor/counselee relationship. Romantic intimacy between a licensed counselor or therapist and a client violates professional codes of ethics. If a consensual relationship commences during an official relationship, the official relationship should immediately be terminated and never be started again, and the counselor or therapist must report such a relationship to his or her supervisor. Similarly, individuals in, or who have been in an intimate relationship, should thereafter never again enter into a counseling relationship. 

All Other Senior/Junior Relationships

In any other situation where a senior {member of the Greenville University community} has direct authority over a junior member, and can thus advance, promote, recommend, or in any other way directly influence the academic or work status of the junior member, the senior member should recuse himself or herself from any decision involving the status of the junior member. If the fact of recusal causes the senior member to experience difficulty with a superior, the senior member should explain the reason for the recusal to the person in authority. The senior member's obligation to explain also exists where an unexplained failure to participate might create an inference of a negative evaluation of the junior member by the senior member.

Sanctions for Violations of This Policy; Review; Other Limitations

Any instructor at Greenville University who violates the procedures in Standards and Procedures section of this Policy, or any other individual engaged in an intimate relationship who violates any of the procedures in the Standards and Procedures section of this Policy, shall be subject to sanctions commensurate with the severity of the offense. The sanction shall be determined in the case of an instructor, by the Provost, after consultation with the Dean and relevant Department Chair. In the case of other individuals covered by this section, Human Resources shall determine sanctions. In the case of a student violating these procedures, sanctions shall be determined by the Vice President of Student Development.