I. Background
The College of St. Scholastica is committed to maintaining an academic community of excellence, shaped by the Catholic Benedictine heritage, in which all members of the community are treated respectfully.
II. Purpose
The purpose of this policy is to ensure that the College`s academic, living and work environment remains free from real or apparent conflicts of interest. When individuals involved in a consensual romantic or sexual relationship are in positions of unequal power at the College, there is the potential for a conflict of interest, favoritism, exploitation and gender-based or sexual misconduct. In order to protect the integrity of the College academic, living and work
environment, this policy outlines limitations on consensual romantic or sexual relationships between faculty, staff, students, and affiliates at the College.
III. Definitions
For the purpose of this policy, the following definitions apply.
- Consensual romantic or sexual relationships: Relationships of a romantic, dating, physically intimate and/or sexual nature entered into with the consent of both parties.
- Consent: Informed and voluntary consent is a process which respects all partners’ boundaries. Consent is a clear “yes” to the sexual act in question, every time. Consent to one form of sexual activity cannot imply consent to other forms of sexual activity. Previous relationships or consent cannot imply consent to future sexual acts. Silence and/or body language, in and of themselves, cannot be interpreted as consent. Consent is not giving in because of fear, to gain approval, to avoid being hurt or due to quid pro quo circumstances or to coercion.
Consent cannot be given if someone is mentally and/or physically incapacitated (by alcohol, drug use, unconsciousness, sleep, restraint, blackout or legal status), where someone cannot give a rational, reasonable decision, if one party is under 18 years of age and the other party is more than 24 months older, or if one party is 18 years of age and the other party is more than 48 months older.* Consent is always active, not
passive. Non-consensual sexual contact is addressed in the Equal Opportunity and Nondiscrimination Policy.
*Incapacitation means the physical and/or mental inability to understand the fact, nature, or extent of the sexual situation. Incapacitation may result from mental or physical disability, sleep, unconsciousness, involuntary physical restraint, or from the influence of drugs or alcohol. With respect to incapacitation due to the ingestion of alcohol or other drugs, incapacitation requires more than being under the influence of alcohol or other drugs; a person is not incapacitated just because they have been drinking or using other drugs. Where alcohol and other drugs are involved, incapacitation is determined based on the facts and circumstances of the particular situation, looking at whether the individual was able to understand the fact, nature, or extent of the sexual situation; whether the individual was able to communicate decisions regarding consent, non-consent or the withdrawal of consent; and whether such condition was known or reasonably should have been known to the accused or a reasonable person in the accused’s position. Use of drugs or alcohol by the accused is not a defense against allegations of sexual misconduct and does not diminish personal responsibility. It is the responsibility of the person initiating the specific sexual activity to obtain consent for that activity.
- Supervisory or evaluative authority: Consenting romantic and sexual relationships such as instructor and student; supervisor and employee; employee and student and employee and affiliate (where there is an instructional, advisory, or an employment relationship between them) have the potential for extremely serious consequences. A consensual relationship is inappropriate when there is a power differential and one individual has responsibility for supervising, directing, overseeing, evaluating, advising, or influencing the employment or educational status of the other. A conflict of interest exists when an individual evaluates the work or academic performance of another with whom they have an intimate relationship. It is a basic ethical principle to avoid making official evaluations of relatives, family members, spouses, or other persons with whom one has an intimate relationship. Such a relationship combined with the responsibility for evaluation is considered a conflict of interest. When conflicts of interest exist among members of the College community there is the potential for risk to the College and the individuals. The power to control or influence another person’s employment, academic advancement, or extracurricular participation, including but not limited to, hiring, work conditions, supervision, compensation, promotion, discipline, academic advancement, academic advisement, admission, grades, assignments, work placement, conduct adjudication, supervision of academic work, recommendations, financial support, or participation in extracurricular programs.
- Employee: All faculty and staff (full-time, part-time, adjunct, seasonal, casual, specific term) whose employment is not otherwise connected to their primary status as a student. For purposes of this policy, “employee” does not include students employed by the College in a part-time capacity in connection with or due to their primary status as a student.
- Affiliate: Individual whose relationship with the College does not meet the definition of employee and who provides services for the College such as volunteers, contractors,and employees of temporary agencies
- Sexual and Gender Based Misconduct: Sexual and gender based misconduct includes but is not limited to sexual harassment, gender discrimination and intimidation, sexual exploitation, non-consensual sexual contact or attempts to commit the same, non- consensual sexual intercourse or attempts to commit the same and any violations of this Consensual Relations policy. See the College’s Equal Opportunity and Nondiscrimination Policy.
IV. Policy
Romantic or Sexual Relationships between Faculty/Staff/Affiliates and Students Under Age 22:
Consensual romantic or sexual relationships between faculty, staff or affiliates and students, even absent any supervisory or evaluative authority, may lead to unanticipated conflicts of interest. Due to the institutional power differential in the employee/affiliate-student relationships, there is the risk of coercion and the perception by others of exploitation. Due to the emotional, physiological, cognitive and other developmental stages/changes typical of the majority of the traditional student population, there exists a risk that relationships that may have been willingly entered into at the time might later be deemed by the student or former student to have been coerced or exploitative. When students are involved, the difference in institutional power and risk of coercion are great enough that no employee or affiliate shall enter into a romantic, dating, or sexual relationship with a student under the age of twenty-two (22), regardless of whether there is a supervisory or evaluative relationship between them.
Exceptions: In the case of prospective or current students having pre-existing relationships with a faculty/staff member or affiliate (such as with spouses utilizing tuition benefits to complete their undergraduate degree or two students in a relationship where one gets hired as an employee after graduation) accommodations will be made on a case-by-case basis, and, when possible and if necessary, will lead to development of a management plan in consultation with the department chair and dean or supervisor, and the human resources manager. This policy does not preclude students employed by the College in a part-time capacity in connection with their student status from engaging in consensual relationships with other students, so long as the student is not in a paid role in which he/she supervises the other student.
Romantic or Sexual Relationships between Faculty/Staff/Affiliates and Students 22 Years of Age and Older:
Consensual romantic or sexual relationships between employees or affiliates and students twenty two (22) and older may also lead to unanticipated conflicts of interest. No faculty member shall enter into a romantic, dating or sexual relationship with a student twenty two or older over whom he/she has supervisory or evaluative power or who is pursuing a degree in his/her department or school. No staff member or affiliate shall enter into a romantic, dating or sexual relationship with a student over whom he/she has supervisory or evaluative control or influence, or influence with regard to admission, financial aid, advisement, student conduct adjudication or other matters that can directly impact a student’s academic, financial or employment status. Should such a relationship be in existence as of the effective date of this policy, it must be disclosed by the faculty/staff member or affiliate to his/her department chair or supervisor and the Department of Human Resources within 30 days of the effective date.
Romantic or Sexual Relationships between Employees/Affiliates
To protect the integrity of the academic and work environment, the College requires that when a consensual romantic or sexual relationship exists or has existed between employees and/or affiliates in positions of unequal power at the College, the person with the greater power must not hold any supervisory or evaluative authority over the other person in the relationship, except as provided below. If such a consensual relationship exists or develops, the person in the position of greater power must immediately report the relationship to his or her supervisor, department chair, or dean; and the Department of Human Resources. It is the responsibility of both the person with the greater power in the relationship and the people to whom the relationship is reported to ensure that the party with the greater power is removed from any supervisory or evaluative authority over the other party to the relationship.
Risks
All faculty, supervisors, other employees, and affiliates should understand that there are substantial risks in consenting relationships where a power differential exists. Even if the conflict of interest issues are resolved, charges of sexual harassment may develop. Any relationship involving a power differential has the potential for serious consequences because the relationship may exist only as a result of the power differential. This may lead to sexual harassment charges at a later time. In the event allegations of sexual harassment are made, consent may be very difficult to prove. Even relationships in which there is no direct power differential may cause difficulties because faculty, staff or affiliates engaged in such a relationship may, in the future, be placed in a position of responsibility for the student's or employee's instruction or evaluation.
Policy Violations
Failure to comply with the notification, removal, or management plan requirement is a violation of this policy. In addition, suspected actual or potential violations of this policy should be reported to the human resources manager. Suspected violations of this policy will be investigated fairly and thoroughly.
Sanctions
Violations of this policy have the potential to not only cause harm to individuals, but also to endanger the College community, the College’s standing in the community and the public trust and confidence in the College. Therefore, violations of this policy will result in disciplinary actions up to and including termination of employment.