3.1.44 Amorous Relations in a University Setting

This policy is distinct from the Family Relationships policy (see policy 3.1.3). Faculty Associates must also abide by the Faculty Associates Code of Conduct.

An amorous relationship exists when two individuals mutually and consensually understand the relationship to be romantic and/or sexual in nature.  For purposes of this policy, a conflict of interest exists when a power differential exists in a relationship such that one individual:

1. evaluates;
2. mentors or advises in an official capacity;
3. supervises;
4. has the opportunity to exert influence on; or,
5. has influence on educational or performance outcomes related to

another individual with whom the first individual has or has had an amorous relationship.  This policy applies when an amorous relationship exists or existed.

Illinois State University employees, including faculty and staff, have a responsibility to avoid apparent or actual conflicts of interest and favoritism in their relationships with other members of the University community.  In no event can past or present amorous relationships be allowed to influence the grading and/or evaluation of any student or other member of the University community.  Employees are to treat their colleagues and students fairly (see Code of Ethics, Policy 1.17).  They have an ethical obligation to avoid exploitation of students and to avoid conflicts of interest that might result from establishing and/or maintaining amorous relationships.  They must address the conflict of interest created if they have supervisory responsibility over an individual with whom they have or have had an amorous relationship.  

If an amorous relationship of this nature exists or existed, the employee must take steps to mitigate the conflict.  This policy directs employees how to do so.

Amorous Relations in the Instructional Context

All employees must avoid creating such conflicts of interest and must not initiate or enter into amorous relationships with any student during the time that they have supervisory responsibility over that student. 

If a University employee has supervisory responsibility over an Illinois State University student (hereafter referred to as “student”) with whom the employee is currently having or previously had an amorous relationship, this creates a conflict of interest.  For the purposes of this policy, a “supervisory relationship” is considered to exist when an individual is engaged in an educational or evaluative role with a student, whether formally assigned or not, including but not limited to the following activities:

• Mentoring
• Teaching/being an instructor of any kind
• Grading
• Recommending in an institutional capacity for employment, fellowships, or awards
• Advising, including academic advising
• Evaluating
• Coaching
• Supervising, including the supervision of job duties, professional practice/practicum, internships, or student teaching
• Providing services on behalf of the University.

Such supervisory roles or activities can

• occur on- or off-campus;
• take place during curricular, co-curricular, or extra-curricular activities;
• be undertaken by individuals employed as faculty, staff (administrative professional or civil service), graduate assistants, or students workers, or volunteers acting as agents or representatives of the University.

Because such amorous relationships constitute a conflict of interest, the entire University community expects that care be given to assure that grading, evaluation and supervision is performed in a fair and impartial manner (see Faculty Responsibilities to Students 3.3.12a).  In no event can past or present amorous relationships be allowed to influence the grading and/or evaluation of any student or other member of the University community. It should be noted that amorous relationships can lead to uncomfortable situations for peers not involved.  There may be perceptions of favoritism and impropriety by members of the University community that can be corrosive to the learning environment.

If a University employee has a supervisory responsibility over a student with whom the employee is currently having or has previously had an amorous relationship, they have an ethical obligation to:

1. Notify their immediate supervisor(s) (in most cases, their Department Chair/School Director; plus any direct supervisor other than a department chair/school director);
2. Develop a Conflict Management Plan in collaboration with their immediate supervisor(s), and other University staff as needed (e.g., Ethics Officer, College or Provost’s Office staff); these shall be confidential arrangements, and all parties involved are expected to keep them confidential.

A Conflict Management Plan for an amorous relationship involving a student should address risks for real or potentially perceived unfairness in the particular context of the specific relationship in question and the setting(s) in which the instructional/mentoring activities occur.  A Conflict Management Plan should address several items, including but not limited to:

1. Opportunities to create alternative arrangements to mitigate or eliminate the conflict (e.g., transfer to a different course or section, arranging independent study with a different faculty member, assignment to a different academic advisor);
2. Any steps taken to ensure fair and unbiased grading or other evaluation;
3. Supervisory arrangements that provide oversight and accountability.

The Conflict Management Plan shall be signed by the individuals involved in the amorous relationship and the faculty member or other employee’s immediate supervisor(s) (usually the Department Chair/School Director and also their immediate supervisor, if any) and second-level supervisor(s) (usually the College Dean).  If a Conflict Management Plan acceptable to both parties cannot be developed, the case shall be referred to the Office of Equal Opportunity and Access.  Copies of the signed Conflict Management Plan will be provided to the individuals in the amorous relationship, placed in the employee’s personnel file, and maintained for reference in the Department/School and College office.

Employees and student employees who fail to report a past or present amorous relationship while serving in a supervisory capacity, or who fail to follow or establish a Conflict Management Plan, may be subject to sanction or disciplinary action, up to and including termination.  

Amorous Relations Outside of the Instructional Context

Perceptions of favoritism and impropriety by members of the University community may also exist with respect to amorous relationships outside of the instructional context.  If a University employee has or has had an amorous relationship outside of the instructional context that constitutes a conflict of interest as defined above, the employee must take steps to manage, and ideally eliminate, the conflict.  Where a conflict of interest exists, may exist, or develops within the context of an amorous relationship, the individual with the power or status advantage shall:

1. Notify their immediate supervisor(s)/Chair;
2. Develop a Conflict Management Plan in collaboration with their immediate supervisor(s), and other University staff as needed (e.g., Ethics Officer, College or Provost’s Office staff); these shall be confidential arrangements, and all parties involved are expected to keep them confidential.

This Conflict Management Plan may address, but is not limited to, supervisory arrangements that provide oversight and accountability.  It shall be signed by the individuals involved in the amorous relationship and the immediate supervisor(s) and second-level supervisor(s) of the employee with the power or status advantage.  If a Conflict Management Plan acceptable to both parties cannot be developed, the case shall be referred to the Office of Equal Opportunity and Access.  Copies of the signed Conflict Management Plan will be provided to the individuals in the amorous relationship, placed in the employees’ personnel file, and maintained for reference in the Department/School, College, or administrative office.

Employees with the power or status advantage who fail to report a past or present amorous relationship to their immediate supervisor while serving in a supervisory capacity, or who fail to follow or establish a Conflict Management Plan, may be subject to sanction or disciplinary action, up to and including termination. 

Sexual Harassment

If an allegation of sexual harassment is made, it will be investigated in accordance with established University procedures for handling sexual harassment complaints. The policy can be found at 1.1 Equal Opportunity/Non-Discrimination Statement and Policy.

University employees are also reminded that amorous relationships can lead to uncomfortable situations for those involved and for those not involved.  There may be perceptions of favoritism and impropriety by members of the University community. Even if these uncomfortable situations do not meet the legal definition of sexual harassment, the University has the authority and the responsibility to mitigate these situations by removing one party or both parties from the supervisory relationship. Supervisors who become aware of such a situation will discuss the situation with Office of Equal Opportunity and Access and others in the University administration as needed, and act accordingly.

Employees and students who believe that they have a basis for a complaint or grievance resulting from a violation of the Equal Opportunity/Non-Discrimination Statement and Policy should contact Human Resources or the Office of Equal Opportunity and Access for guidance on the appropriate procedures given their situation and concerns.

Individuals entering into amorous relationships when there is a power differential among the parties must be aware that:

1. The reasons for entering, maintaining, or terminating such a relationship may be the consequence of, or perceived as the consequence of, the functioning of the power differential;
2. Where power differentials exist, even in a seemingly consensual amorous relationship, there are limited after-the-fact defenses against charges of sexual harassment; and 
3. It is almost always the case that the individual with the power or status advantage in the relationship will bear the burden of accountability.
4. In the event of a charge of sexual harassment, the University will, in general, be unable to sustain a defense of the employee based upon consent when the facts establish that a professional faculty-student, staff-student, or supervisor-employee power differential existed within the relationship.
5. Informed consent as defined in the Illinois State University Code of Student Conduct applies to this policy.  Per Illinois State University policy, informed consent cannot be obtained through physical force, compelling threats, intimidating behavior, or coercion.