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Employee Handbook
Employee Handbook -> Policies & Procedures -> Sexual Harassment
Consensual Relationship Policy/Conflict of Interest

 

Philosophy

St. Edward’s University promotes excellence in teaching and learning in an environment which encompasses the campus classroom, student life programs, and the broader community. As articulated in our Mission Statement, our belief in the dignity of each human person is the heart of our Catholic character as expressed in our educational and human resource philosophy. Considering the trust accorded a faculty or staff member by a student and a supervisor by a supervisee, the university’s faculty and staff members recognize that they are expected to make decisions regarding their relationships with students and supervisees which will promote this atmosphere of mutual trust and avoid both conflict of interest and the appearance of conflict of interest.

Care must be exercised to ensure that personal relationships do not result in situations that might interfere with objective judgment. Faculty and others in positions of authority are accorded a great amount of respect and exercise power in giving feedback, recommendations, grades, etc. Because of this, a student’s actual freedom of choice may be greatly diminished should a request for a romantic relationship be made. Should the request come from the student, the employee’s freedom of choice may also be diminished for fear of a charge of sexual harassment. Therefore, employees are cautioned that a romantic relationship with a student has the significant potential of interfering with a student’s ability to learn and inquire freely, and could create unwanted consequences for the employee, even though the relationship appears to be consensual. The same caution is offered for relationships involving supervisors and those whom they supervise.

The inherent power differential between persons in positions of authority, and students, especially students in the traditional undergraduate school, is of special concern. Because of the unique susceptibility of these young men and women, employees who are in positions of authority are under a special obligation to preserve the integrity of their relationships in situations involving traditional-aged college students. Moreover, traditional-aged college students may not be developmentally (cognitively and emotionally) prepared to make decisions regarding romantic relationships where there is potential for unforeseen consequences.

Definitions

  1. Conflict of interest -
    • when faculty or others in a position of authority have a romantic relationship with a traditional undergraduate student
    • when any St. Edward's University employee has a romantic or outside relationship with any student or employee with whom an evaluative relationship exists
  2. Positions of authority include all employees in the following types of jobs even when employees in these jobs are also taking classes
    • Faculty – includes contracted and adjunct faculty
    • Campus leadership – includes president, assistants to the president, all vice presidents, associate provost, department directors, associate directors, department managers, cost center managers, all deans, faculty associates
    • Counselors, Coaches and Advisors – includes academic counselors, academic advisors, tutors, career counselors, campus ministers, financial aid counselors
    • Others with similar levels of responsibility and scope as Campus leadership and Counselors, Coaches and Advisors
    • All staff employees within the division of Student Affairs
    • All commissioned peace officers or candidates within the University Police Department.
  3. Outside relationship - any relationship outside the university educational context which might create a conflict of interest, including but not limited to roommates, tenant-landlord, and vendor-client.
  4. Evaluative relationship – includes relationships such as supervisor/supervisee, counselor/client, advisor/advisee, teacher/student in teacher’s class, coach & assistant coach/athlete, residence hall director/resident and others with a similar level of responsibility and scope.
  5. Romantic relationship - any consensual romantic or sexual relationship of any type, including a domestic partnership or marriage. (Note: Non-consensual relationships are covered by the university's Sexual Harassment Policy).
  6. Recent romantic/outside relationship - one which is ongoing or has been in existence at any time within the six (6) months immediately preceding the assignment of the student or supervisee to the faculty or staff member or within six (6) months prior to this policy going into effect.
  7. A currently enrolled student is any student who is registered for the current semester. Undergraduate students are considered to be currently enrolled if they were in attendance during the immediately preceding spring semester.
  8. Appropriate Administrative Officer refers to the most senior administrator (vice president or president) heading the division in which the employee about whom a decision is being made is employed.

Policy

  1. Employees who are in positions of authority are prohibited from having a romantic relationship with any student to whom they are not married who is currently enrolled in the traditional undergraduate school.
  2. All employees (excluding those on the student payroll) are prohibited from having a romantic or outside relationship or permitting one to develop with any student who is enrolled in that person’s class or is subject to that person’s evaluation, even when both parties appear to have consented to the relationship.
  3. All employees are prohibited from having a romantic or outside relationship or permitting one to develop with any other employee who is subject to that person’s supervision, directly or indirectly, even when both parties appear to have consented to the relationship.
  4. Romantic relationships between any employee and any student are strongly discouraged, even if not expressly prohibited by this policy.
  5. The university recognizes that consensual romantic and other outside relationships may exist prior to the time an evaluative relationship begins. When an employee has a recent romantic or outside relationship with a student or supervisee, the following guidelines will be followed:
    1. The employee in an evaluative role must report the relationship to his/her school dean or manager so that the student or supervisee can be reassigned if at all possible.
    2. If it is not possible to reassign the student or supervisee, the school dean or manager will make arrangements for another appropriately qualified employee to grade, counsel, advise, evaluate work, establish salary, control working conditions and other similar responsibilities.
    3. All conflicts or potential conflicts must be reported to the appropriate administrative officer.
    4. This policy is not intended to limit romantic or outside relationships among peers or colleagues; however, employees involved in such relationships are cautioned to avoid situations which may contribute to a hostile environment for other employees or students.


Policy Violations

Exceptions to any of these prohibitions (other than the reporting requirement which is absolute) will be considered by the appropriate administrative officer in conjunction with the Office of Human Resources on a limited, case-by-case basis. It is the duty of employees to consult with the appropriate administrative officer or the Office of Human Resources if there are questions about the application or effect of this policy to an existing or potential relationship,

Suspected policy violations may be reported by anyone to the director of Human Resources, dean of students, the executive vice president for Academic Affairs or any other administrative officer. The director of Human Resources will coordinate the investigation of the complaint in conjunction with the appropriate administrative officer and either the school dean or department manager. If any of these people are included in the complaint, they will not be involved in the investigation or decision.

If charges of sexual harassment are made, compliance with this policy shall not be a defense in any proceeding under the university's Sexual Harassment Policy. If the investigation concludes that sexual harassment did occur, disciplinary action will be taken in accordance with the university’s Sexual Harassment Policy.

If the investigation concludes that a violation of the Consensual Relationship Policy did occur, disciplinary action, which may include immediate termination of employment, will be taken by the appropriate administrative officer.

Note: Other relevant policies include Nepotism, Sexual Harassment and Outside Activities.

Effective Date of Policy: June 1, 2008

 




 

 
St. Edward's University LogoSt. Edward's University
3001 South Congress Avenue
Austin, Texas 78704
512-448-8400
Contact: Billy Bambrey
Updated: 06/02/2008
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