Effective Date: 12/16/2008

Review: October 1 E4Y

01. POLICY STATEMENTS

01.01 It is the policy of the university that employees with direct teaching, supervisory, advisory, or evaluative responsibility over other employees, students, or student employees recognize and respect the ethical and professional boundaries that must exist in such situations. While relationships between consenting adults are a personal matter, they can create potential conflicts in the workplace and in the educational setting. Such relationships also contain the potential for exploitation of the subordinate employee, student, or student employee and the possible professional or academic disadvantage of third parties.

Should such a relationship develop, the teacher, supervisor, or advisor has the obligation to disclose its existence to an immediate supervisor and cooperate in making alternative arrangements for the supervision, evaluation, teaching, grading, or advising of the employee, student, or student employee.

01.02 All parties should comply with policies and laws pertaining to the confidentiality of student and employee records. Persons who violate these policies or laws are subject to disciplinary action.

01.03 This policy applies to all faculty, staff, and students of Texas State University-San Marcos.

02. DEFINITIONS

02.01 A consensual relationship is a mutually acceptable, romantic, or sexual relationship between a university employee (including a student employee) with supervisory, teaching, evaluation, or advisory authority and an employee, student, or student employee who is directly supervised, taught, evaluated, or advised by that university employee.

02.02 A conflict of interest is an appearance of impropriety that arises when individuals with the authority and the responsibility to evaluate the work or performance of an employee, student, or student employee initiate, acquiesce to, or engage in an intimate romantic or sexual relationship with that employee, student, or student employee.

03. REPORTING RESPONSIBILITY

03.01 If a consensual relationship exists or begins to develop, the individual in the supervisory, teaching, or advisory position shall immediately notify his or her immediate supervisor of the relationship and cooperate with that supervisor in making the arrangements necessary to resolve the conflict of interest.

04. IMMEDIATE SUPERVISOR RESPONSIBILITY

04.01 A supervisor who is notified, or becomes aware, of a consensual relationship shall confirm that the consensual relationship exists by meeting with the parties involved and advising that this type of relationship is discouraged by this policy. The supervisor shall work with all parties to alter the conditions that create the conflict of interest or the appearance of impropriety caused by the relationship. In most instances, providing an alternative means for supervising, teaching, advising, or evaluating the subordinate employee, student, or student employee will alter the conditions that create the conflict of interest or the appearance of impropriety.

05. PROCEDURE FOR FAILURE TO COOPERATE

05.01 Employees in positions of authority who persist in consensual romantic or sexual relationships and fail to cooperate in efforts to eliminate the conflict of interest or appearance of impropriety the relationships represent are subject to disciplinary action up to and including termination. The university will not presume that the relationship was consensual if the subordinate party complains of sexual harassment related to an undisclosed relationship.

06. PROCEDURE FOR GRIEVANCE OF DISCIPLINARY ACTIONS

06.01 An individual who is disciplined may grieve or appeal using existing university procedures.

07. QUESTIONS REGARDING THIS POLICY

07.01 The Office of the Chief Diversity Officer and Director of Equity and Access will respond to faculty and staff with questions regarding this policy. The Dean of Students will respond to students with questions about this policy.

08. REVIEWERS OF THIS UPPS

08.01 Reviewers of this UPPS include the following:

Position Date

Chief Diversity Officer and October 1 E4Y

Director of Equity & Access

University Attorney October 1 E4Y

Dean of Students October 1 E4Y

Chair, Faculty Senate October 1 E4Y

Chair, Staff Council October 1 E4Y

09. CERTIFICATION STATEMENT

This UPPS has been approved by the following individuals in their official capacities and represents Texas State policy and procedure from the date of this document until superseded.

Chief Diversity Officer and Director of Equity and Access; senior reviewer of this UPPS

Special Assistant to the President

President