CONSENSUAL AMOROUS RELATIONSHIPS
Effective: August 15, 2024
Purpose: Consensual intimate or sexual relationships (collectively referred to as amorous relationships) create a conflict of interest when they occur between a faculty member, supervisor, or other member of the University community and any employee or student when direct evaluative or supervisory authority exists between them. Amorous relationships may compromise or be perceived as compromising the fairness and impartiality of a supervisor’s/faculty member’s conduct toward the subordinate, student or to others in subordinate positions. Further, there is a potential negative impact on the work and academic environment within the department and within the University, as well as potential damage to the supervisory individual’s or faculty member’s own credibility and standing.
Scope: This policy applies to all University employees campus wide.
Responsible Office: Human Resources
Policy Statement: The existence of Direct Evaluative or Supervisory Authority, either directly or indirectly, over a student or employee with whom a faculty or staff member has or plans to have an Amorous Relationship is prohibited. To assure this prohibition, such relationships or potential relationships will be reported in a timely manner by the faculty or staff member to their appropriate Responsible Administrator. A management plan must then be developed which removes the Direct Evaluative or Supervisory Authority.
The Responsible Administrator must approve a management plan for the persons in the relationship that ensures neither person has Direct Evaluative or Supervisory Authority over the other. The management plan may include changes to duties or roles in order to eliminate an actual or potential conflict of interest or other actual or potential adverse impact to the student or subordinate employee. The Director of Human Resources may be contacted for guidance as to the appropriate management plan protocols. Every effort will be made to protect the privacy interests of individuals involved in a manner consistent with the need for a thorough, reliable, prompt, fair and impartial management plan.
The existence of a relationship as contemplated by this policy shall be determined by the use of a preponderance of the evidence standard. Individuals who are found to have violated this policy will receive disciplinary consequences appropriate to the violation(s) and in consideration of any prior disciplinary, performance and/or behavioral issues while employed at the University. Sanctions for violation of this policy shall be adjudicated through the preponderance of the evidence standard, which will supersede the evidentiary standard of any other applicable or affected policy.
Definitions: All words and phrases shall be interpreted utilizing their plain meanings unless otherwise defined in another University or Board of Regents policy or by statute or regulation.
Amorous Relationship: An Amorous Relationship includes an Intimate Relationship or a Sexual Relationship.
- Intimate Relationships: A romantic relationship between individuals that is determined by the facts of each case, including but not limited to, the length of the relationship, the type of the relationship, the frequency of interaction between the two individuals involved in the relationship, and how the persons involved in the relationship describe themselves as they relate to the other person in the relationship. This term does not include casual relationships or an ordinary fraternization between two individuals in a business or social context.
- Sexual Relationships: A relationship between individuals that is characterized by sexual activity of any type.
Direct Evaluative or Supervisory Authority: Direct Evaluative or Supervisory Authority in an Amorous Relationship exists when there is either a Professional Power Differential or an Educational Power Differential between the persons in the relationship.
- Professional Power Differential: A situation in which one person in a relationship has, or appears to have, at least some supervisory responsibilities, decision-making authority and/or input into the evaluation of academic or research performance, compensation, work assignments, annual employee performance evaluations, or other employment matters over the other person in the same relationship.
- Educational Power Differential: A situation in which one person in a relationship has, or appears to have, at least some supervisory responsibilities, decision-making authority and/or input in the evaluation of academic or research performance, or other academic matters over the other person in the same relationship.
Familial Relationships: A relationship between persons who are related as defined in UPM Nepotism Policy. Familial Relationships are not Amorous Relationships under this policy.
Marriage: A legally recognized union between spouses as defined by Kansas state law, which includes common law marriage. A Marriage is not an Amorous Relationship under this policy.
Responsible Administrator: An academic unit’s administrative supervisor, dean, vice president, or other designated supervisor of the faculty member or employee involved in a relationship defined by this policy.
Procedures: All procedures linked and related to the policies above shall have the full force and effect of policy if said procedures have first been properly approved by the University’s administrator in charge of Human Resources Procedures.
[Human Resources procedures - coming soon]
Related Policy Information: 3.13 – Nepotism