Consensual Relationships Policy
Policy Purpose
To communicate the college's policy regarding consensual relationships (defined as romantic, intimate, and/or sexual relationships among members of CSN employees with other CSN employees and/or student populations willingly engaged in by both parties) when one of the parties has institutional responsibility for, or authority over, the other. Consensual relationships in this context can compromise the integrity of an individual's right or ability to pursue academic, training, research or professional interests; create the potential for abuse of the authority; or cause problems due to the perceptions of third parties.
Policy Statement
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CSN fosters a culture of transparency regarding consensual relationships and believes that disclosure and management of such relationships is the soundest way to assist with ensuring that potential conflicts are adequately addressed. Consensual relationships between individuals, where one individual holds evaluative, supervisory, teaching, evaluating, or positional power over another individual in the relationship, can jeopardize the integrity of CSN's commitment to learning and professionalism and are prohibited. Relationships of this nature can linger within the careers of all parties, potentially driving the student away from a discipline or hampering the student's academic and professional progress; and reducing opportunities for those employed by CSN.
Consensual relationships existing between individuals that neither of whom has direct professional influence or authority over the other are not prohibited by this policy. However, even in these cases, employees should be aware that power differentials might change in these relationships over time.
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Students - No CSN employee shall have or pursue a consensual relationship with any CSN student with whom the employee holds an evaluative, supervisory, teaching evaluating, or position of authority over the student. Additionally, employees in an evaluative role or in a position of authority over a student are not to date or engage in any improper fraternization or undue familiarity with the student, regardless of the student's age and/or regardless of whether the student may have consented to such conduct. Inappropriate and unacceptable behavior may include, but is not limited to, dating; requests for sexual activity; physical displays of affection; giving inappropriate personal gifts; frequent personal communication with a student (via phone, e-mail, letters, notes, text messaging, social media etc.) unrelated to coursework or official college matters; giving or accepting rides for non-professional and/or academic reasons; giving or offering housing; selling or buying anything of more than nominal value; providing alcohol or drugs to students; inappropriate touching; stalking; flirtation, and engaging in sexual contact and/or sexual relations.
Further, the CSN community involves many diverse interactions among its members that enhance the academic and professional development of the community. As a matter of sound judgment and professional ethics, those that are tasked with supervising, mentoring, teaching, evaluating, advising, and coaching responsibilities must avoid actual and perceived conflicts of interest within these relationships including interactions with students outside the college environment. Consensual relationships within these contexts have the potential to pose risks to the individuals involved, third parties, and the College as a whole.
When a consensual relationship exists within the scope of this policy, all involved parties are responsible for reporting the existence of the relationship to the appropriate supervisor at the beginning of the relationship. Failure to follow the policy may subject the parties to disciplinary action.
- Employees - CSN prohibits consensual relationships between employees where one party to the relationship has supervisory responsibilities and/or responsibility to hire, promote, discipline, evaluate, assign, or direct over the other.
- Once the College administration learns of a consensual relationship, whether through self-reporting or otherwise, it will take immediate steps to eliminate the power and authority of the one individual over the other. This may be accomplished by reassigning duties or responsibilities. If the parties involved fail to comply with this policy, Human Resources will facilitate an investigation into any potential policy violations on a case-by-case basis with a focus on protecting the educational and professional opportunities, as well as addressing conflict of interest concerns, for all parties. The college may impose one or more of the sanctions available through its disciplinary procedures.
Procedure
- When a potential violation of this policy exists, all involved parties are responsible for reporting the relationship, in writing, to the appropriate supervisor(s).
- Any individual uncomfortable reporting direct and credible information to their supervisor, may report such information directly to the appointing authority or Human Resources.
- The supervisor shall notify the appointing authority within twenty-four (24) hours upon learning of the relationship.
- The appointing authority, in consultation with the Office of Institutional Equity and the Chief Human Resources Officer, will decide if an initial inquiry will be conducted by the Office of Human Resources.
- If an initial inquiry determines an investigation is warranted, the college will utilize a "preponderance of the evidence" standard in the determination of whether this policy has been violated.
- Any such investigation will be conducted by the Office of Human Resources, in consultation with the Offices of Institutional Equity and General Counsel, as warranted.
- The Chief Human Resources Officer will inform, in writing, the involved college employee(s), the corresponding supervisor(s) and dean(s), and the appointing authority of the initiation of an investigation.
- At the conclusion of the investigation, the Chief Human Resources Officer will inform, in writing, all parties of the results, therein.
- If a violation of this policy is confirmed, the involved college employee(s) may be subject to progressive appropriate disciplinary procedures up to, and including, termination.
- In the event of a standing consensual relationship between employees where one party gains a supervisorial or authoritative position over another, the appointing authority shall ensure that, as soon as practicable, the employees do not continue to hold positions in which one of the employees is in the direct line of authority of the other employee.
- The appointing authority may request a recommendation from each of the employees for appropriate action to be taken to alter the line of authority. In determining the manner in which to comply with this policy, the appointing authority is not required to accept a recommendation from the employees involved.
- Any supervisorial duties that cannot be reassigned for logistical or impracticable reasons (e.g. scheduling of classes/lab, classroom assignments, clinical assignments, office assignments - in agreement with the Office Request Policy), shall remain with the supervisor, but shall be reviewed and approved by the next-level supervisor, in consultation with the corresponding appointing authority.
- Exceptional circumstances may exist in which relationships addressed under this policy involve a college employee and a student at the college. Per this policy, as well as CSN and NSHE policies concerning nepotism, potential violations must be reported in accordance with Section III.A above.
- The Chief Human Resources Officer, in consultation with the President and the appointing authority, will determine whether exceptional circumstances exist and if administrative measures must be taken to mitigate the impact of the relationship upon the student's educational experience.
- When possible, the student in question will be placed in a class taught by another instructor with whom no romantic/consensual relationship exists.
- If any current relationship prohibited under this policy existed prior to the professional employment or academic pursuits at CSN, the involved parties shall report the relationship in accordance with Section III.A above, to ensure compliance with this policy.
- Any college employee engaging in retaliation, dismissal, or any type of adverse action, against an individual for filing a report under this policy or for cooperating in a corresponding investigation may be subject to disciplinary actions for personal misconduct under the appropriate college policies.
- Any college employee bringing groundless or malicious accusations under this policy are subject to disciplinary actions for personal misconduct under the appropriate college policies.
Most Recent Changes
Version 2:
- Changed from 10- to 12-point font to comply with the ADA.
- Minor grammatical changes throughout
- Rearranged the Policy Purpose and Policy Statement upon the advice of the CSN General Counsel.
- III.E - Established reassignment procedures for supervisorial duties in the event of a standing consensual relationship that turns into a potentially exploitative relationship.
- III.H - Clarified the retaliation passage to have it range from dismissal to any adverse action taken against an individual for filing a report under this policy.
Disclaimer
The president has the discretion to suspend or rescind all or any part of this policy or related procedure(s). The president shall notify the appropriate CSN personnel, including the Executive Sponsor and shared governance leaders, of the suspension or rescission.
Questions about this policy should be referred to the Executive Sponsor.