POLICY

A romantic or sexual relationship between a university employee and student 
or between a supervisor and subordinate employee raises serious ethical 
concerns and can create an unacceptable educational or working environment. 
The respect and trust accorded a university employee by a student, as well 
as the power exercised by a university employee in his/her academic or 
evaluative role, greatly diminish the student's or subordinate's actual 
freedom of choice should sexual favors be requested. Therefore, university 
employees are warned against the possible costs of participating in even an 
apparently consenting relationship. 

The university views a romantic or sexual relationship between a university 
employee and student to be unethical if the employee has any professional 
responsibility for the student. Likewise, a romantic or sexual relationship 
between a supervisor and student or subordinate employee whose work is being 
supervised by that university employee is considered unethical. 

    PURPOSE

To broadly identify consensual relationships and identify procedures for use 
by university employees and students when they feel that a relationship has 
moved into potential sexual harassment. 

To be covered by this statement, a relationship must: 

Appear to be consensual, and 
Be romantic or sexual in nature, and 
Develop between two individuals, one of whom has power or authority over the 
other. 

A romantic or sexual relationship that is entered into by two adults when 
one of the participants has power or authority over the other creates the 
possibility that the relationship may not be truly consensual, or if 
consensual, may not permit a later decision by the person with less power to 
discontinue the relationship out of concern for the possible effect on 
his/her employment or educational status. 

If the relationship is proven to be non-consensual or becomes non-
consensual, it should be regarded as potential sexual harassment based on 
the unwelcome nature of the sexual conduct. Relationships that are not 
consensual are prohibited under the University's Discrimination and 
Harassment policy. 
 
For example, consenting relationships that may result in complaints of 
sexual harassment or sexual favoritism and that create a conflict of 
interest include those between: 

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 participation in athletics or any other university 
activity (for example, university employee includes: graduate assistants, 
administrators, coaches, advisors, program directors, counselors, health 
center staff, and residential life staff).
 
A supervisor and an employee under the person's supervision; a 
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 the tenured 
person participates in peer recommendations about the untenured person. 

Not subject to the sexual harassment policy:  consensual relationships 
between two co-workers, two university employees in different departments, 
two students, or a university employee and a student between whom no 
professional power differential exists. 

    PROCEDURES

NON-RETALIATION 
This policy prohibits retaliation against individuals who report concerns 
about consensual relationships or otherwise participate in the process under 
this policy. Any student or employee found to have engaged in retaliatory 
action or conduct will be subject to discipline, up to and including 
dismissal. 

A university employee who enters into a consensual relationship with a 
student or another employee with whom they have an academic or evaluative 
relationship must: 

Disclose the relationship to his or her supervisor (division chair, dean, 
director, vice president, president), and 
Terminate any situation of authority when the consensual relationship 
develops or exists. 

Training. Human Resources will offer ongoing training/awareness sessions and 
other means of notifying and encouraging employees and students about where 
they can express concerns regarding actual or potential conflicts of 
interest resulting from consensual relationships. 

    AUTHORITY

Policy authority of the President in OAR 580-022-0045; American Association 
of University Professors (AAUP) Statement of Professional Ethics; Western 
Oregon University Code of Ethics; ORS 352. 

    APPROVAL

The Director of Human Resources/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 our collective bargaining agreements or with the Oregon 
Bureau of Labor and Industries or the Equal Employment Opportunity 
Commission, or a court of competent jurisdiction. 

HISTORY 
The Consensual Relationships policy was originally adopted as a separate 
policy on September 22, 1995.  Prior to 1995, the WOU Affirmative Action 
Plan included reference to consensual relationships. 

The Consensual Relationships policy was revised February 1, 1998. 

The revised Consensual Relationships policy was approved on January 28, 
2005. 

The current revision of the Consensual Relationships policy was reviewed, 
comments were submitted and a recommendation for approval was made by the: 
	Faculty Senate  April 11, 2006 
	Staff Senate  March 10, 2006 
	Student Senate  March 7, 2006
(The WOU website, wou.edu/sexualharassment, addresses and disseminates the 
policy, and provides additional resources and guidance on this topic.)

 
Date of next review:  April 2009	 

Alternate formats of this policy are available from the Office of Human 
Resources.