Consensual Relationship Policy

Definition of Consensual Relationship

Types of relationships covered by this policy are those that:

• Are consensual and legal within the State of Oregon, and
• Are romantic and/or sexual in nature, and
• Develop between two individuals within the EOU community; one of whom has actual or perceived power or authority over the other.

Types of Professional Status Advantages:

• Academic Relationship Advantage: A faculty member or other instructor who has the authority to assign grades, serve on thesis or scholarship awards committees, and supervise research and/or training opportunities.
• Staff Relationship Advantage: A staff member who has the authority to evaluate, determine salary, and/or make employment and/or professional development opportunity decisions.
• Other Status Advantages: can occur between junior and senior faculty, faculty and administrators, faculty/administrators and staff, student leaders employed by the university and other students.

Examples of consensual relationships where a power differential exists include:

• A faculty member and a student who is enrolled in the faculty member’s course, who is enrolled in a program for which a course taught by the faculty member is a requirement, who is an advisee of the faculty member, or whose academic work is being supervised by the faculty member;
• A university employee and a student if the university employee is in a position to evaluate or otherwise influence the student’s education, employment, housing, or participating in athletics or any other University activity (university employee includes, for example, graduate assistants, administrators, coaches, advisors, program directors, counselors, health center staff, and residence life staff.);
• A supervisor and an employee under the person’s supervision; division/department chair/head and a faculty member in the same division/department; an administrator and an employee in an office/department under that administrator’s direction;
• A tenured faculty member and an untenured faculty member if tenured person participates in peer recommendations about the untenured person.
• Two students, one of whom is employed by the university in a leadership position such as a student director, resident assistant, hall director, etc. and is responsible for the oversight of the other.

Note:  Consensual relationships between two co-workers, faculty/staff in different departments, two students, or a university employee (staff or student) and student between whom no professional power differential exists are not subject to the Consensual Relationship Policy unless, as always, the relationship becomes non-consensual. See Sexual Harassment Policy (reference and link it here)

Policy

Eastern Oregon University (EOU) recognizes that two consenting adults should be free to conduct a personal relationship if they so wish; however, the university strongly discourages relationships between people where a status differential exists. Consensual relationships that may be appropriate in other circumstances raise serious ethical concerns when they occur between members of the EOU community where a professional status advantage exists.  Recognizing however that such relationships may occur, any member of the University community (faculty, staff and students) who enters into such a relationship should be aware that the liability protection under Oregon statutes might not apply in subsequent actions if there is failure to comply with this policy. Failure to comply with this policy can lead to disciplinary action up to and including dismissal. The individual with the status advantage bears the primary responsibility for any negative consequences resulting from a less than amicable ending of a consensual relationship.  It is the University’s goal to provide clear direction and education to the University community about how to remove or manage the status advantage associated with consensual relationships between members of the University community.

Rationale of Policy

EOU is committed to a campus environment based upon collegial respect and trust.  The integrity of academic and work relationships is a foundation of the University’s mission.  The unequal institutional power inherent in University academic and work relationships can heighten the vulnerability of those in subordinate positions.  People in positions of authority within the University must be aware of and  sensitive to the potential conflict of interest, ethical concerns, and issues of sexual harassment that may occur in consensual relationships. The power differential inherent in any such relationship causes apparent consent to be questionable.  Relationships that are mutual and consensual are often viewed by others as exploitative, and may adversely affect the learning and/or work environment.  Specifically, the parties to a consensual relationship must be aware that such relationships can create in co-workers and students, perceived and real, conflicts of interest and an environment of fear of unfair treatment in terms of promotions, grades, professional and/or educational opportunities, etc. Additionally, consenting relationships may result in complaints of sexual harassment and/or sexual favoritism.  See Sexual Harassment Policy (reference and link it here)

*** Attention EOU students ***

We care about your safety and well being as a member of our campus community. We want you to be able to trust our faculty, staff and student employees. As a student, we recognize that you are automatically in a “power down” position, which makes you vulnerable to being violated and/or taken advantage of. And although we won’t go so far as to attempt to forbid you to engage in a consensual relationship (as defined at the beginning of this document) with an EOU employee, we do want to make sure you’re taken care of should you decide to do so. Please know that if at any point in the relationship you feel taken advantage of in any way (e.g. sexually, physically, emotionally, academically, etc.), we encourage you to tell someone you trust right away. Some departments on campus that will know how to help you in this situation would be the Counseling Center, Student Health Center, Women’s Center, and the Office of Student Affairs. You may also choose to tell your RA, coach, or favorite teacher. What is most important is that you tell someone so that you can receive whatever help you need to make it safe for you to continue your academic journey at EOU.

Procedures

In the event of such a consensual relationship, the employee who has academic and/or evaluatory power over the other person is required to:

1. Disclose the relationship to his or her supervisor (dean, vice president, director, etc.)

2. In consultation with his or her supervisor, eliminate or manage the power authority differential in the relationship

It is the responsibility of the supervisor of the parties involved in the relationship to educate supervisee of University policy regarding consensual relationships, and assist in eliminating and/or managing the status advantage of one person over the other.  This may involve such actions as changing lines of authority or changing class registrations. These situations will be handled on a case-by-case basis.

If at any time a consensual relationship becomes non-consensual, or is proven to have been non-consensual the entire time, it will be handled as a potential sexual harassment case. See Sexual Harassment Policy (reference and link it here)

Confidentiality

Cases that involve consensual relationships are especially sensitive and special attention will be given to the issue of privacy for all individuals.  Information will be released only on a need-to-know basis.  However, absolute confidentiality cannot be guaranteed.

Responsibility

Affirmative Action Officer is responsible for the implementation, monitoring and execution of this policy.

Nothing in this process precludes any person from filing a formal grievance in accordance with collective bargaining agreements or with the Bureau of Labor and Industries or the Equal Employment Opportunity Commission.

If anyone has questions regarding this policy, or concerns as to whether a specific relationship falls under the guidelines of this policy, please contact the Affirmative Action Officer.