Faculty Senate

DRAFT OUTLINE OF PROPOSED CONSENSUAL RELATIONSHIPS POLICY PROVISIONS

For Discussion

Present Policy

Consensual Relationships

Oregon State University policy requires that all employees conduct themselves in a professional manner. With regard to consensual sexual or romantic relationships, it should be noted that when they occur between teacher and student, or supervisor and supervisee, there is a concern that they may involve an abuse of power. Even when negative consequences to the participants do not result, such romantic liaisons potentially can create a conflict of interest or use of academic or supervisory leverage to maintain or promote the relationship. Another area of potential trouble or liability involves perceptions of a "third-party" who may feel that the only way to succeed is to engage in a sexual liaison because they feel they have lost equality in terms of assignments, promotions, etc.

All employees should recognize the possible negative consequences of sexual or romantic liaisons in the workplace and academic program.

Proposed Policy Provisions

Rationale

• As stated by the current policy on Consensual Relationships

Definition of Consensual Relationships

• Two individuals involved by mutual consent in a romantic, physically intimate, and/or sexual relationship
• Includes partners and spouses

Requirements

• One entering or in a consensual relationship with someone over whom he or she has supervisory, decision-making, oversight, evaluative, academic or advisory responsibilities shall immediately:
  • Report the relationship to his or her immediate supervisor
  • Cooperate with immediate supervisor to eliminate potential conflicts of interest and mitigate adverse effects on third parties such as by:
    • Transfer to another position
    • Transfer of supervisory, decision-making, oversight, evaluative or advisory responsibilities
    • Providing an additional layer of oversight to the supervisory role
• One shall not accept supervisory, decision-making, oversight, evaluative, academic or advisory responsibilities over someone with whom he or she has a consensual relationship unless, prior to acceptance of the responsibilities, the person accepting the responsibility has reported the relationship to his or her immediate supervisor and effective arrangements have been made to eliminate any potential conflict of interest and mitigate adverse effects on third parties
• Effectiveness of arrangements to eliminate conflict and mitigate adverse effects on third parties is to be determined by the appropriate supervisor

Prohibitions

• A faculty member exercising academic responsibility (instructional, evaluative or supervisory) for any student with whom the faculty member has a consensual relationship
• Other consensual relationships between an individual and another over whom he or she has direct supervisory, decision-making, oversight, evaluative, academic or advisory responsibilities when effective arrangements to remove the conflict and mitigate adverse effects on third parties cannot be made

Guidance and consultation

• Provided by the Director of Office of Affirmative Action and Equal Opportunity

Failure to Comply

• Treated as a violation of University Policy
• Sanctions for violation will be imposed in accordance with the collective bargaining agreement and State Board of Higher Education rules

Complaint Procedures

• Complaints of violation will be handled as discrimination complaints with the same procedures and timelines