Rescinded by the University Senate

March 22, 2001

Approved by the University Senate

December 7, 2000

Approved by Faculty Affairs Committee

November 15, 2000

301.08 Potential Conflict Of Interest In Amorous and/or Sexual Relationships

[Revised Nov. 15, 2000]

Introduction

People within the university community need to be sensitive to thepotential for conflict of interest and/or sexual harassment in amorous and/or sexual relationships (see Section 206.03 of the Faculty Handbook, Section 6-1 of the Classified Employee Handbook, and the GSU General

Catalog for the Sexual Harassment Policy of the university).

The individual in authority bears the primary responsibility for any negative consequences resulting from an amorous relationship. It is in the interest of the university to provide clear direction and educational opportunities to the university community about potential risks associated with consensual amorous and/or sexual relationships between members of the

university community where a power/status advantage exists.

Individuals entering into amorous relationships where power/status advantages exist must recognize that:

1. the reasons for faculty, staff and students to enter, maintain, or terminate such a relationship may be the result of the power/status advantage;

2. it often is the case that the individual with power or status advantage in the relationship will be held responsible if the relationship ends and sexual harassment is claimed;

3. it is almost always the case that the individual with power or status advantage in the relationship will bear the accountability.

Entirely voluntary sexual relationships between persons in an unequal power relationship may constitute sexual harassment. A relationship may be voluntary in the sense that an individual is not forced to participate against his or her will, yet it may be unwelcome and therefore result in a claim of sexual harassment. Also, other students or employees may be placed at a disadvantage by the relationship. Such a disadvantage could subject the alleged offender and the university to liability.

I. Faculty Involved in Amorous And/or Sexual Relationships:

The integrity of the teacher-student relationship is the foundation of the university's educational mission. This relationship vests considerable trust in the teacher who, in turn, bears authority and accountability as mentor, educator, evaluator and/or administrator. The unequal institutional power inherent in this relationship heightens the

vulnerability of the student and the potential for coercion. The pedagogical relationship between teacher and student must be protected from influences or activities that can interfere with learning consistent with the goals and ideals of the university. Whenever a teacher is responsible for supervising a student, a sexual and/or amorous relationship between them is inappropriate. Any such relationship jeopardizes the integrity of the educational process by creating a conflict of interest and may lead to an inhospitable learning environment for other students.

No teacher shall have a sexual relationship with a student over whom he or she has supervisory responsibilities regardless of whether the relationship is consensual. Teachers must avoid sexual relationships with their students, including those for whom they are likely to have future supervisory responsibility. Conversely, teachers must not

supervise any student with whom they have a sexual relationship. Violations of or failure to correct violations of these conflicts of interest principles by the teacher will be grounds for disciplinary action.

Teachers or students with questions about this policy are advised to consult with the department chair, the appropriate dean, the provost, or one of their designates (including the offices of affirmative action and the ombudsperson). For purposes of this policy, "teachers" includes all tenure and non-tenure track faculty, including part-time instructors, as well as graduate students serving as teaching assistants in similar

institutional roles. "Student" refers to those enrolled in any and all programs of the university.

II. Staff Involved in Amorous And/or Sexual Relationships:

A staff member will always be treated as having a power advantage when the staff member has the authority to evaluate, determine salary, and/or make employment decisions.

Relationships that the parties involved view as mutual and consensual may be viewed by others as exploitative and may adversely affect the work environment in that serious conflicts of interests may be perceived to exist. In particular, the parties to an amorous and/or sexual relationship should be aware that such relationships often create general conflicts of interest and the fear from co-workers or students of unfair treatment in terms of promotions, grades, etc.

Any university staff who enters into an amorous relationship with a subordinate employee or student where a power/status advantage exits must realize that, if a charge of sexual harassment is subsequently lodged, the fundamentally asymmetric nature of the relationship will make it exceedingly difficult to prove mutual consent. A defense based on mutual consent under such circumstances has not been well received in national litigation. Therefore, Georgia State University strongly discourages such relationships.