Intimate Relationships Between Faculty, Staff, and Students Policy

Policy Statement and Purpose

Southern Illinois University Carbondale (“SIUC”) strives to take all necessary and appropriate steps to create a positive educational environment for its campus community. Professional and supportive relationships among faculty or staff and students are at the heart of the education and research missions of Southern Illinois University. SIUC faculty and staff must prevent real, potential, or perceived conflicts of interest, bias, and exploitation which may arise from relationships with other members of the university community. Where a power differential may exist, such as between faculty/student, supervisor/subordinate, coach/athlete, staff/student, or housing professional/housing resident, this responsibility is held to the highest scrutiny. Intimate relationships may also exist among colleagues and staff members across SIUC.

Intimate Relationships between campus members involve a conflict of interest when a power differential exists such that one individual evaluates, mentors or advises, supervises, has the opportunity to exert influence on, or has influence on educational or performance outcomes and opportunities related to another individual with whom the first has or has had an Intimate Relationship. Exceptions will be made on a case-by-case basis and exceptions will required a conflict management plan.

Faculty and staff routinely and effectively serve as mentors, advisors, role models, and teachers both in and out of the classroom. This policy is not intended to interfere with or negatively impact such professional relationships.

Sexual, amorous, dating, or romantic relationships may interfere with the achievement of SIUC’s institutional mission or may negatively impact the educational or working environment. In addition, the unequal institutional authority inherent in certain relationships invites a host of issues—perceived or actual conflicts, abuses of authority, biased treatment or favoritism – that can damage the campus’ learning and work environment and distract from or harm student and staff growth and well-being. Faculty, instructors, graduate assistants, coaches, administrators, and other staff should always be conscious of the trust accorded to them by students and the powers these individuals have in evaluating students’ work, awarding grades, providing recommendations, impacting team participation, and other such impacts that will generally constrain a student’s actual freedom to choose whether to enter into or continue an Intimate Relationship. Similarly, a subordinate employee may not feel fully free to reject or end an Intimate Relationship with a supervisor. The SIUC sexual harassment policy also addresses these power differentials and all community members should be aware of the requirements and prohibitions of that policy. Title IX Coordinator | Office of Equity and Compliance | SIU.

Intimate or personal consenting relationships among peers are not covered by this Policy. However, if an individual in an Intimate Relationship with another obtains Supervisory or Evaluative Authority over that individual, such relationship may create uncomfortable situations for uninvolved peers or others in the campus community and must be appropriately addressed at the time of the change in circumstances. These relationships may create perceptions of favoritism and impropriety by members that may create issues in the learning and working environment of others if appropriate safeguards are not implemented. Further, an individual’s professional or academic reputation may suffer due to perceptions of favoritism or exploitation. Moreover, such relationships may lead to an actual or perceived restriction on opportunities for others in the work or academic environment. Therefore, the individual obtaining the Supervisory or Evaluative Authority must take prompt actions under this Policy. In addition, these relationships may be subject to the Nepotism Policy and required actions as well.

The purpose of the Intimate Relationships Between Faculty, Staff, and Students Policy (“Policy”) is to protect the integrity of the academic and work environment and to encourage the proactive management of real, potential, or perceived conflicts of interest or influence that may arise in such environments.

Scope

This Policy applies to all current employees and students of SIUC, and current and pre-existing Intimate Relationships, as defined below.

Definitions

For the purpose of this policy, the following terms have the following meanings:

Employee: A person who receives compensation from SIUC for services performed and/or provides volunteer work for the university. This includes, but is not limited to, administrators, faculty, instructors, civil service staff, administrative/professional staff, extra help staff, student employees, graduate/teaching/research assistants, and volunteers.

Intimate Relationship: Any relationship of a sexual, amorous, dating, intimate, or romantic nature. This definition will be applied based upon the nature, not the duration, of the relationship. Physical contact is not a required element of such relationships. Any contact of a sexual, amorous, dating, or romantic nature would be considered an “Intimate Relationship” under this policy, even if the contact does not recur.

Student: Any individual admitted by the University as a student and enrolled in a least one-credit-bearing class the University or taking continuing education courses whether for credit or not. Students include both undergraduate students and graduate/professional students.

Supervisory or Evaluative Authority: The actual or perceived power to control or influence another person’s employment, academic advancement, outcomes, or opportunities, or extracurricular participation, including but not limited to, hiring, work conditions, compensation, promotion, discipline, termination/discharge, supervision, evaluation, mentoring in an official capacity, admission, financial support, coaching, participation in co-curricular or extracurricular programs, counseling and advising, teaching, grades, assignments, recommendations, or supervision of dissertations, theses, research or independent studies. The supervisory and evaluative authority may be on or off-campus, including but not limited to via electronic/remote means.

Policy

Prohibited Conduct

Relationships Involving Supervisory or Evaluative Authority
SIUC employees are prohibited from entering into any Intimate Relationship with any person over whom they have any direct or indirect Supervisory or Evaluative Authority.
Relationships Between Faculty or Staff and Students (Undergraduate/Graduate/Professional)
Faculty and Staff members are prohibited from entering into any Intimate Relationship with any Student over whom they have direct, indirect, or potential (i.e., in the same school and could have such authority in the future) Supervisory or Evaluative Authority. Relationships between Faculty or Staff and Students who are not in the same school are required to form a conflict management plan.
Relationships Between Teaching Assistants and Students
Teaching Assistants are prohibited from entering into any Intimate Relationship with a Student over whom they have a direct or indirect Supervisory or Evaluative Authority.

Pre-existing Relationships

In some circumstances, an Intimate Relationship may exist, but not be subject to this Policy (i.e. student-student or subordinate-subordinate relationship) at its inception. If the Intimate Relationship becomes subject to this Policy, such as through a promotion, acceptance of teaching position, or enrollment in courses at SIUC, the employee with supervisory or evaluative authority must disclose the relationship in writing immediately to the Associate Provost for Academic Administration (or designee) within areas reporting to the Provost, to the Director for Intercollegiate Athletics (or designee) for all areas reporting to the Director, or to the Director Labor and Employee Relations (or designee) for all other areas at the University.

Upon disclosure, the appropriate Vice Chancellor/Director (or designee) shall create a plan to manage any real, potential, or perceived conflicts of interest and prevent any inappropriate influences. This plan may include, but is not limited to, arranging for alternative supervision or evaluative authority. In some situations, a written conflict management plan may be required, as set forth in the "Written Conflict Management Plan" of this policy.

Written Conflict Management Plan

In the following circumstances, a written conflict management plan will be required:

Pre-existing Intimate Relationships wherein one individual assumes a position with supervisory or evaluative authority over the other individual;
Initiation of or participation in a Intimate Relationship wherein one individual holds a position with supervisory or evaluative authority over the other individual and an exception to this Policy has been granted; or
At the discretion of the Vice Chancellor/Director (or designee) and based on the needs of the University.

Conflict management plans shall include steps to address the management or mitigation of real, potential, or perceived conflicts of interest or influence. In developing the plan, the Vice Chancellor/Director (or designee) should consider the setting(s) in which the supervisory or evaluative authority exists. Wherever feasible, the conflict management plan will include appropriate measures to eliminate any Supervisory or Evaluative Authority between parties to the relationship, and for ensuring that parties to the relationship will not later be placed in a position where one may exercise Supervisory or Evaluative Authority over the other.

Conflict management plans will be developed by the Vice Chancellor/Director (or designee) and the individuals involved in the Intimate Relationship. These individuals may consult with other university offices if needed. Conflict management plans shall be reviewed if there is a change in the duties and responsibilities of either party.

The conflict management plan must be in writing and signed by the individuals involved in the Intimate Relationship and Vice Chancellor/Director(designee). Signed copies of the plan will be provided to the parties and a copy will be maintained by the Vice Chancellor/Director (or designee). Conflict management plans will be maintained by the Vice Chancellor/Director (or designee) until the relationship ends or the status of parties to the relationship change (e.g., employee leaves, student graduates). If a supervisor (e.g., School Director) has knowledge of an Intimate Relationship that has not been disclosed pursuant to this Policy, that supervisor shall take the appropriate steps to address the violation of the Policy which includes reporting the violation to the next level supervisor.

Exclusions

This Policy does not apply to relationships between undergraduate and graduate students, unless a supervisory or evaluative role currently exists.

Additionally, this Policy is not intended to apply to relationships between spouses (marriage or civil union) when either (or both) are employed by SIUC. If a supervisory or evaluative role exists in these situations, the SIUC Policy regarding Nepotism shall apply.

Exceptions

Requests for exceptions to this policy may be considered on a limited, case-by-case basis. Such requests should be made in writing to the Vice Chancellor/Director to whom the employee reports. The Vice Chancellor/Director (or designee) may consult with others at SIUC regarding any potential impacts in approving an exception. If an exception is approved, the Vice Chancellor/Director (or designee) will require a written conflict management plan or other actions. Exceptions will be granted when and only when the relationship will not cause or threaten to cause the issues outlined above. Any approved exception will require the development of a conflict management plan.

Parties in an Intimate Relationship covered in this Policy that were in existence prior to the effective date of this policy should complete a conflict management plan.

Violations

Employees who violate this policy or fail to file and follow a conflict management plan developed under this policy may be subject to disciplinary action in accordance with applicable SIUC policy or collective bargaining agreement procedures. The burden of violating this policy or failing to file or follow a conflict falls on the person who is of higher authority. Any disciplinary action taken will be commensurate with the nature of the violation and will consider factors and circumstances relevant to each specific case.