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Consensual Relationships Policy

The University of Arkansas - Fort Smith is committed to maintaining an academic and working environment free from conflicts of interest, favoritism, exploitation, breach of trust, or abuse of power.

(Policy Number 407.5)

Policy Statement

The University of Arkansas at Fort Smith (UAFS) recognizes that consenting individuals associated with the campus should be free to enter personal relationships of their choice. UAFS, however, is committed to maintaining an academic and working environment free from conflicts of interest, favoritism, exploitation, breach of trust, or abuse of power.

Consensual relationships in the workplace or educational setting between faculty, staff, administrators, affiliates, and students may involve power differentials. Even when a relationship is consensual, a significant risk for perceived or actual conflicts of interest, favoritism, exploitation, breach of trust, or abuse of power exists when one person holds a position of authority over the other person involved in the relationship.

Scope

This policy addresses dating, romantic, or sexual relationships and interactions between members of the campus community. This policy is applicable regardless of the sex or gender of the individuals involved.

UAFS has adopted this policy to prevent the types of problems outlined in this policy statement, to protect the interests of the campus community, and to provide information and guidance to the campus community.

This policy applies to all employees, including student employees, and to affiliates of the campus as defined below. For relationships involving employment of relatives, see the UAFS Employee Handbook Section E.2.12.

Definitions

Administrators

Any employee holding an administrative appointment such as chairs, deans, associate vice chancellors, and vice chancellors.

Affiliates

Individuals, other than employees or students, associated with the campus, including, but not limited to, contractors, vendors, health care providers, and other individuals who otherwise work or volunteer for the campus.

Appropriate Supervisor

A supervisor with authority to review a consensual relationship between two persons where one person has a position of authority over the other person.

Consensual Relationship

Any dating, romantic, or sexual relationship or interaction willingly undertaken by the parties.

Employees

All faculty, staff, and administrators of the campus, including student employees.

Faculty

All full- and part-time employees of the campus who hold an academic rank and graduate students with teaching responsibilities.

Mitigation Plan

A written plan developed as provided in this policy that mitigates any actual or perceived conflicts of interest, favoritism, exploitation, breach of trust, or abuse of power created by the consensual relationship.

Position of Authority

When one person has control or influence over the other person’s educational, extracurricular, or working environment.

Staff

All full- and part-time employees of the campus not included in the definition of administrator or faculty.

Students

All full- or part-time students at the campus in any undergraduate or graduate program. A student’s status ceases at the time the student graduates or otherwise separates from the educational program.

Student Athlete

Any student who is currently participating as a member of an intercollegiate varsity sport sponsored by the campus.

Prohibited Consensual Relationships or Interactions

This policy prohibits any dating, romantic, or sexual relationship or interaction between two people where one person has a position of authority over the other person. This may be in the academic, employment, or professional environment.

Examples of consensual relationships or interactions prohibited by this policy include:

  • Any employee and a student whom the employee has direct professional responsibility over through teaching, advising, supervising, evaluating, coaching, managing, controlling, or influencing as part of a school program.
  • Any supervisory or managerial employee, whether administrator, faculty, or staff, and another employee whom the supervisor or manager oversees, directs, evaluates, or has the ability to control, authorize, or influence the work environment.
  • Employees in the athletic department and student athletes over whom they have control or influence.
  • Student employees and students over whom they have control or influence.
  • Affiliates and students over whom they have control or influence.
  • Any employee and an employee within their chain of command over whom they have control or influence.

No employee should participate in supervision, employment actions, evaluation, promotion, or the direct setting of salary or wages of an employee with whom that person has or has had a consensual relationship.

While this policy does not prohibit consensual relationships between employees when one person does not hold a position of authority over the other party involved in the relationship, such relationships may limit the future ability of one party to mentor, direct work, employ, or promote the career of the other party.

While this policy does not prohibit consensual relationships between an employee who has no direct professional responsibility for a student, the employee should be sensitive to the perception of other students that a student who has a consensual relationship with an employee may receive preferential treatment from the employee or the employee’s colleagues, particularly when the employee and student are in the same academic unit or in units that are academically allied.

The employee may face serious conflicts of interest and should be careful to distance himself or herself from any decisions that reward or penalize the student involved.

Reporting Responsibilities

When a consensual relationship or interaction exists or develops in which one party holds a position of authority over the other party in connection with their roles at the campus, the parties, especially employees, must promptly report their relationship or interaction to the appropriate supervisor and either end the consensual relationship or request authorization to implement a mitigation plan.

An employee or affiliate who becomes aware of a violation of this policy must promptly report it to the UAFS Department of Human Resources.

Retaliation against a person who reports a potential violation or participates in an investigation under this policy is prohibited.

Mitigation Plan

The position of authority that one party has over the other may be eliminated by the implementation of a mitigation plan in certain circumstances.

The mitigation plan must describe measures that will be taken to prevent any actual or perceived conflicts of interest, favoritism, exploitation, breach of trust, or abuse of power.

The mitigation plan must be in writing and signed by the parties, the appropriate supervisor, and the vice chancellor(s) over the parties’ division. In addition, the Department of Human Resources must approve the plan.

If a mitigation plan cannot eliminate the conflict of interest and potential for favoritism, exploitation, breach of trust, or abuse of power, then the consensual relationship or interaction is prohibited unless the professional relationships are altered to address the power imbalance.

Noncompliance

Violation of this policy may result in disciplinary action up to and including termination.

Questions

If you have questions about this policy, please contact the Department of Human Resources at 479-788-7833.