Chapter 4: Consensual Relationships Policy
4.1 Purpose
ÀÇÓÑÊÓƵ is committed to maintaining its learning and work environments as free as possible from conflicts of interest and favoritism. The University recognizes that consenting adults should be free to engage in a personal relationship where the relationship does not interfere with the goals and policies of the University. Some romantic, dating, or sexual relationships, while consensual, may create conflicts of interests or lead to possible sexual harassment. This policy addresses those consensual relationships.
4.2 Persons Affected
This policy applies to all University administrators, faculty, staff, and students, and is applicable regardless of the gender of the employee with supervisory, teaching, evaluation, or advisory authority, or the gender of the employee, student, or student employee who is directly or indirectly being supervised, taught, evaluated, or advised.
4.3 Policy
4.3.1 Prohibited Consensual Relationships.
The following consensual relationships, even if a single event, are prohibited:
a. A consensual relationship between a supervisor (as defined in Section 4.4 to also include faculty members) and supervisee regardless of whether the supervisory relationship is direct or indirect, unless the supervisor discloses the relationship and a Consensual Relationship Management Plan is in effect.
b. A consensual relationship between a coach or athletic staff member and any student-athlete or student with a working function in the athletic department, including graduate assistants.
c. A consensual relationship between a faculty member and a student who is enrolled in the faculty member’s course or otherwise under the supervision of the faculty member, notwithstanding Section 4.3.1(a).
4.3.2 Reporting Requirements.
The supervisor must report a consensual relationship as described in Section 4.3.1 to their immediate supervisor and the Chief Human Resources Officer or designee.
4.3.3 Management Plan.
a. A consensual relationship should be disclosed, and a Consensual Relationship Management Plan approved by the parties to the relationship and respective administration, and Chief Human Resources Officer.
b. A Consensual Relationship Management Plan will:
• provide an alternative means for the supervision, teaching, evaluation, or advising of the supervisee, or otherwise mitigate the conflict;
• give priority to the interest of the subordinate individual;
• be in writing;
• be acknowledged and signed by the parties to the relationship and respective administration; and
• be maintained by the Office of Human Resources.
c. The Office of Human Resources will provide the supervisor with a Consensual Relationship Management Plan for their completion, which must be submitted to the Office of Human Resources as soon as possible and finalized upon notification of the relationship.
d. If the conflict can be managed, the Chief Human Resources Officer or designee will review and finalize the Consensual Relationship Management Plan with parties to the relationship and respective administration within seven (7) business days of the report unless there are reasonable grounds for additional time.
e. If management of the conflict is not possible, the relationship is prohibited.
4.3.4 Reporting Alleged Violations.
a. Violations of this policy should be reported to the Equal Opportunity (EO) Office at 915-747-5839, email eoaa@utep.edu, or in person at Kelly Hall, 3rd floor, Room 302.
b. An individual in a supervisory role over a supervisor who is notified of or becomes aware of an alleged violation of this policy, must immediately report the information to the EO Office.
4.3.5 Investigation and Discipline.
a. If a potential policy violation is reported, the matter will be investigated by the EO Office, and the University may take disciplinary action up to and including termination of employment in accordance with University policy.
b. If there is a report regarding a relationship described in Section 4.3.1 above, and the relationship has not been disclosed nor a Consensual Relationship Management Plan implemented, the burden shall be on the supervisor to explain the failure to comply with this policy. Failure to comply with this policy will also be a factor in determining whether the relationship was consensual and free of sexual harassment.
c. Implementation of disciplinary action against faculty and employees will be handled in accordance with the University’s policy and procedures for discipline and dismissal of faculty and employees. The Office of Student Conduct and Conflict Resolution will impose disciplinary action, if any, against a student in accordance with the University’s student disciplinary procedures.
4.3.6 Campus Culture.
The Equal Opportunity Office is responsible for the following:
a. Disseminating the University Consensual Relationships Policy, and developing annual presentations for administrators, faculty, staff, and students that educate the campus community about this policy.
b. Providing support to campus administrators, faculty leadership, and student leadership to promote the importance of establishing a climate in which consensual relationships between employees and students are unacceptable and avoided when a conflict of interest exists.
c. Providing information to students during orientation to assist them in:
• Identifying and avoiding inappropriate relationships, and
• Understanding the issues that can emerge when such relationships occur.
d. Along with the Provost and Vice President for Academic Affairs and the Office of Human Resources, promoting an institutional culture which stands against inappropriate employee/student relationships, and leading the University's effort toward maintaining this culture.
4.3.7 Retaliation Prohibited. Retaliation of any kind against anyone for reporting a consensual relationship or for participating in any investigation or proceeding pursuant to this policy is prohibited.
4.3.8 Counseling. Confidential counseling services are available to employees through the Employee Assistance Program () and to students through the Counseling and Psychological Services Office (/student-affairs/counsel/).
4.4 Definitions
Consensual Relationship – a romantic, dating, and/or sexual relationship agreed to by the parties involved.
Direct Authority – The authority vested in an individual as a result of his/her immediate position of power over another. Examples include, but are not limited to: supervisor - supervised employee; faculty - enrolled student; faculty committee member - student submitting thesis; faculty mentor - student mentee; coach - coached athlete; Dean - supervised faculty.
Indirect Authority – Authority derived from an informal or indirect relationship which allows for determinations or evaluations affecting the terms and conditions of employment or student status. Examples include, but are not limited to: a student majoring in a particular field who is indirectly under the control or influence of a senior professor or individual in the department or school; an employee in the same organizational unit who is under the indirect control of all more senior individuals in the department; a graduate teaching assistant and a non-supervising department faculty member.
Management Plan – A written plan developed as provided in this policy that mitigates the conflict related to a consensual relationship, and is acknowledged and signed by both parties.
Supervisor – A University administrator, faculty, staff, or student employee who has direct or indirect supervisory, teaching, evaluation, or advisory authority over an employee or student.
Supervisee – Any person whose terms and conditions of employment or student status are directly or indirectly controlled or affected by a supervisor.