Appendix F: Policy on Consensual Relationships

A. Prohibited Consensual Relationships

The following consensual relationships, even if a single interaction, are prohibited and cannot be mitigated by a mitigation plan.

1. Considering the potential for exploitation or the appearance of exploitation or favoritism and the inherent differential in authority, the University prohibits any employee (including faculty) or affiliate of the University from engaging in a consensual relationship with any student currently enrolled as an undergraduate at the University.*

*Note: "Employee"; as used in Section VII.A.1 does not include student employees. See Section VII.A.4 below for prohibitions applicable to University student employees. Also, for purposes of this policy, the term "undergraduate" does not include any individual who is considered an undergraduate at the University solely because the individual is taking course(s) through the Staff Educational Benefit offered to University employees.

2. Considering the potential for exploitation or the appearance of exploitation or favoritism and the inherent differential in authority between graduate students and their educators, advisors, supervisors, and others holding positions of authority over them, the University prohibits any employee (including faculty) or affiliate of the University from engaging in a consensual relationship with any graduate student whom they teach, manage, supervise, advise, or evaluate in any way.
    
3. Considering the potential for exploitation or the appearance of exploitation or favoritism and the inherent differential in authority, the University prohibits consensual relationships between Intercollegiate Athletics coaches, employees, or affiliates, with any student-athlete or student assigned to or associated with Intercollegiate Athletics, such as interns and student employees.

*Note: "Employee" as used in Section VII.A.3 does not include student employees except for those who teach, manage, supervise, advise, coach, or evaluate any student-athlete or student assigned to or associated with Intercollegiate Athletics.

4. Considering the potential for exploitation or the appearance of exploitation or favoritism and the inherent differential in authority, the University prohibits any student employee (including resident life advisors/assistants, assistant instructors, teaching assistants, graduate research assistants, etc.) from engaging in a consensual relationship with any student whom they teach, manage, supervise, advise, or evaluate in any way.

B. Reporting Requirements

1. Considering the potential for exploitation or the appearance of exploitation or favoritism and the inherent differential in authority, the University prohibits consensual relationships between employees (including faculty) and/or affiliates where one teaches, manages, supervises, advises, or evaluates the other in any way unless the person in the position of greater authority or power notifies appropriate University offices (as detailed in Section VII.B.2.a of this policy) and a mitigation plan is put in place that mitigates the conflict of interest and the potential for exploitation or the appearance of exploitation or favoritism.
    
2. In the event a consensual relationship exists between employees (including faculty) and/or affiliates, the following steps must immediately be followed by the person in the position of greater authority or power:

a. report the consensual relationship to the appropriate dean and the EVPP (when the relationship involves a faculty member), and/or the appropriate unit head and HR (when the relationship involves a staff member and/or affiliate);

b. report any relationship that currently exists prior to the effective date of this policy to the University offices specified above as soon as possible and cooperate in the development of a mitigation plan as outlined in Section VII.C, below;

c. cooperate in the development of a mitigation plan designed to reduce or eliminate the conflict of interest and the potential for exploitation or the appearance of exploitation or favoritism.

3. If a consensual relationship exists between employees of the University and one of those employees is presented with the opportunity to teach, manage, supervise, advise, or evaluate the other in any way, the existing relationship must be reported by the individual in the position of greater authority or power to the appropriate University offices designated above as soon as possible and prior to the individual accepting a role that would create a conflict of interest and the potential for exploitation or the appearance of exploitation or favoritism, and a mitigation plan must be developed.
    
4. Departments and offices that receive reports of consensual relationships as outlined in this policy will notify the applicable VP, Dean, or the EVPP, each of whom will, in turn, notify OIE of the relationship and provide OIE a copy of the mitigation plan for record keeping purposes.

C. Mitigation Plan

1. If the conflict of interest and the potential for exploitation or the appearance of exploitation or favoritism can be successfully mitigated and managed, a written mitigation plan will be produced within ten (10) business days of the report (unless there are reasonable grounds for additional time) by the appropriate chair, dean, and EVPP (when the relationship involves a faculty member) or the appropriate unit head, OIE, and HR (when the relationship involves a staff member and/or University affiliate) in collaboration with both parties to the consensual relationship.
    
2. If the mitigation plan is not agreed to by all parties to the plan, resolution of the disagreement will be handled through consultation with the appropriate vice president of the individual(s) opposing the plan and OIE. In the case of a relationship involving individual(s) associated with Intercollegiate Athletics, the consultation will involve the Office of the Senior Vice President and Chief Financial Officer and OIE.
    
3. If the conflict of interest and potential for exploitation or the appearance of exploitation or favoritism created by the consensual relationship cannot be successfully mitigated and managed, then the consensual relationship is prohibited.
    
4. The mitigation plan will:

a. provide an alternative means for managing, supervising, teaching, evaluating and/or advising of the supervisee or otherwise mitigate the conflict;

b. give priority to the interest of the supervisee;

c. be in writing and signed by both parties to the consensual relationship;

d. provide notice of HOP 3-3031 - Prohibition of Sexual Discrimination, Sexual Assault, Sexual Misconduct, Interpersonal Violence, and Stalking; and

e. be reassessed on an annual basis (or sooner if circumstances warrant) by the parties, and the applicable department/unit for necessary modification.

D. Exemptions

Exemptions to any of these provisions will be considered on a case-by-case basis and will be approved by the Senior Associate Vice President - Division of Diversity and Community Engagement, wit input from the supervisor(s) of the individual(s) involved.

Questions about the application or effect of this policy to an existing or potential relationship should be directed to OIE, HR and/or the EVPP. This policy is not intended to apply to marriage relationships. Refer to HOP 5-1260 - Employment of Close Relatives (Nepotism), for information concerning these types of relationships.

E. Reporting Alleged Violations

An employee (including faculty) or affiliate who is notified, or becomes aware of, an alleged violation of this policy has an obligation to report it timely. You will find a list of reporting options here:

Office for Inclusion and Equity:                                        
Phone: 512-471-1849
Website: http://equity.utexas.edu/

University Compliance Services:                                       
Phone: 512-232-7055          
Website: https://compliance.utexas.edu/

Human Resources:                                                              
Phone: 512-475-7200          
Website: https://hr.utexas.edu/current/services/

Student Emergency Services:                                              
Phone: 512-471-5017         
Website: http://deanofstudents.utexas.edu/emergency/index.php

Counseling and Mental Health Center:                                
Phone: 512-471-3515        
Website:  https://cmhc.utexas.edu/

Anonymous Reporting:
Compliance and Ethics Hotline                                          
Phone: 877-507-7321        
Website: www.reportlineweb.com/utaustin

F. Investigation and Discipline

1. Alleged violations of this policy, including concerns of conflicts of interests, favoritism, and/or exploitation will be investigated by OIE in collaboration with the Office of the Vice President for Legal Affairs.
2. If there is a complaint of sexual harassment/sexual misconduct relating to a relationship covered by this policy, and the relationship has not been disclosed and no Mitigation Plan is in place, the responsibility will be on the person in the position of greater authority or power to explain the failure to comply with this policy. Such failure will be a factor in determining whether the relationship was consensual and free of sexual harassment/misconduct.
3. Disciplinary action against faculty and staff will be handled under the University’s policies for discipline and dismissal of faculty and staff. Disciplinary actions may include, but are not limited to, written reprimands, the imposition of conditions, reassignment, suspension, and dismissal. Affiliates in violation of this policy may be disciplined as appropriate under the circumstances.

G. Safe Harbor

It is critical the University receive notification of consensual relationships covered by this policy so as to prevent conflicts of interest, favoritism, and exploitation. Unreported consensual relationships pose a significant risk to the University community. With this in mind, if the person in the consensual relationship who is in the position of greater authority or power immediately notifies appropriate University offices of the development of a consensual relationship covered by this policy and cooperates to mitigate the effects of the consensual relationship, then a conduct/discipline investigation may not be pursued. Unreported consensual relationships will be considered more severe violations of this policy.