Policies and Procedures
UNIVERSITY OF MAINE
SYSTEM GUIDELINES
REGARDING CONSENTING RELATIONSHIPS
The Board of Trustees policy on sexual harassment was revised in March,
1990 to clarify its application to consenting romantic or sexual
relationships between members of the University of Maine System
community. These guidelines explain the policy, the responsibilities of
faculty or staff who may become involved in a relationship of the type
covered by the policy, and the responsibilities of campus
administrators, supervisors, and Equal Opportunity Officers once there
is a reasonable basis to believe that a consenting relationship may
exist.
Relevant Portion of the Sexual Harassment Policy
“Consenting relationships may constitute sexual harassment under this
policy. When a professional power differential exists between members of
the University of Maine System and a romantic or sexual relationship
develops, there is a potential for abuse of that power, even in
relationships of apparent mutual consent. A faculty or staff member
should not engage in such relationships. Further, the University
prohibits the abuse of power in romantic or sexual relationships.
“To assure that power is not abused and to maintain an environment free
of sexual harassment, a faculty or staff member must eliminate any
current or potential conflict of interest by removing himself or herself
from decisions affecting the other person in the relationship. Decisions
affecting the other person include grading, evaluating, supervising, or
otherwise influencing that person’s education, employment, housing, or
participation in athletics or any other University activity.”
Types of Relationships Covered
To fall within the consenting relationship portion of the policy, a
relationship must:
l. Appear to be consensual, and
2. Be romantic or sexual in nature, and
3. Develop between two individuals one of whom has power or authority
over the other.
A consenting relationship is one between two adults, both of whom appear
to freely choose to enter into and continue a romantic or sexual
relationship. The policy strongly discourages consenting relationships
when one of the participants has power or authority over the other, but
does not prohibit them outright. The University discourages such
consenting relationships because the power differential creates a strong
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 or her employment or educational status.
If one of the individuals involved does not welcome the relationship, it
should be regarded as potential sexual harassment based on the unwelcome
nature of the sexual conduct. Relationships which are not consensual are
prohibited under other sections of the sexual harassment policy.
Consenting relationships that may result in complaints of sexual
harassment or sexual favoritism and that creates a conflict of interest
include, for example, those between:
* A faculty member and 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 faculty or staff member and a student if the faculty or staff member
is in a position to evaluate or otherwise influence the student’s
education, employment, housing, or participation in athletics or any
other University activity (staff members include, for example, graduate
assistants, administrators, coaches, advisors, program directors,
counselors, health center staff, and residential life staff);
* A supervisor and an employee under that person’s supervision; a
department chair and a faculty member in the same department; an
administrator and a faculty or staff member in a 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.
Consenting relationships between two co-workers, two faculty or staff
members in different departments, two students, and a faculty or staff
member and student between whom no professional power differential
exists and which are welcomed by both parties involved are not subject
to the sexual harassment policy.
Why Consenting Relationships Are Regulated
Positive relationships between faculty and other staff and students, and
between supervisors and their employees enrich the University
environment and should be strongly encouraged. It is also natural that
academic or employment-related interactions between some individuals may
lead to personal friendships, which do not pose problems as long as they
do not create a conflict of interest that could cloud academic or
employment decisions. The policy on consenting relationships is in no
way intended to chill the development of constructive relationships
between individuals one of whom has power or authority over the other.
However, romantic or sexual relationships are fundamentally different
and raise serious concerns.
A consenting romantic or sexual relationship between a faculty or staff
member and a subordinate student or employee may be exploitative in
nature, leads to a conflict of interest for the person who is in the
position of power, and can affect the environment for other students,
faculty, or staff members, or the manner in which they are treated. The
sexual or romantic relationship, per se, is not the problem; rather the
problem is the conflict of interest and the potential discriminatory or
damaging impact of the relationship when a power differential is
involved.
Codes of ethics for most professional associations forbid
professional-client sexual relationships. These codes offer guidance in
the University setting. Student respect for and trust in faculty and
other staff greatly restrict their actual freedom to reject sexual
advances, and make them vulnerable to unintentional sexual exploitation.
The power of faculty and other staff to give or withhold rewards such as
praise, grades, and recommendations further limit the extent to which a
sexual relationship between faculty or staff and student can be
considered consensual. Even if a subordinate student or employee does
not appear to object to participation in a sexual relationship, this
does not mean that the individual welcomes the relationship. The student
fearing adverse consequences from noncompliance may feel compelled to
enter into or to continue an undesired intimate relationship with a
faculty or other staff member. There are similar problems with an
apparently consenting relationship between supervisor and employee.
Consenting relationships involving a power differential also pose
serious liability for the University under the standards used by the
courts in judging cases of quid pro quo sexual harassment. (In quid pro
quo harassment, a supervisor or faculty member who makes unwelcome
sexual demands of a subordinate employee or student bases tangible job
or educational rewards or penalties on whether the subordinate submits
to the sexual request.) Additionally, a third party may claim that the
participant in a consenting relationship received preferential treatment
and may file a complaint of sex discrimination against the faculty
member or supervisor.
Policy Implementation
l. Responsibilities of faculty and staff
Faculty and staff are strongly encouraged to avoid any romantic or
sexual relationship with a student or employee over whom they have any
authority. If a faculty or staff member does become romantically or
sexually involved with a subordinate student or employee, the faculty or
staff member must remove himself or herself from any decisions affecting
the other person as soon as practicable in order to avoid a conflict of
interest and the potential for sexual harassment or sexual favoritism.
The faculty or staff member may consult with the University of Maine
Equal Opportunity Executive Director, and should speak with his or her
supervisor about appropriate ways to transfer such responsibilities.
Even if the relationship is terminated, it may be necessary for the
faculty or staff member to avoid any role in future decisions affecting
the other person to avoid a perceived or actual conflict of interest or
sexual harassment.
A faculty or staff member who fails to disclose his or her involvement
in a consenting relationship with a subordinate student or employee to
his or her supervisor, or who fails or refuses to remove himself or
herself from decisions affecting the other person will be subject to
disciplinary action.
Evidence of a pattern of consenting relationships between a faculty or
staff member and subordinate students or employees may subject the
faculty or staff member to disciplinary action.
Faculty and staff members are urged to be sensitive to the possibility
that a consenting relationship which presently involves no power
differential becomes problematic if they are unexpectedly placed in a
position of responsibility for the student or employee with whom they
have become involved.
2. Responsibilities of administrators, supervisors, and Equal
Opportunity Officers
Campuses should make reasonable efforts to ensure that all faculty and
staff members receive a copy of the sexual harassment policy.
In each situation involving an apparent consenting relationship, a
determination about what measures are appropriate should be made on a
case-by-case basis from the facts of the particular situation. However,
the following guidelines should normally be followed.
In general, the law holds the University responsible for sexual
harassment about which it knew or should have known. Consequently,
information about apparently consenting relationships that comes to the
attention of a supervisor, administrator, or the Director of Equal
Opportunity must be investigated to protect the University from a
potential charge that it knew or should have known about unwanted sexual
conduct or a relationship which turned out to be nonconsensual. Although
it is not necessary to explore every rumor alleging a consenting
relationship, rumors which form a reasonable basis for believing that an
alleged relationship exists that is subject to University policy should
be investigated.
An administrator or supervisor who has a reasonable basis to believe
that an alleged romantic or sexual consenting relationship is occurring
that is covered by University policy must therefore immediately consult
with the Director of Equal Opportunity. The purpose of this
consultation is to allow for a joint assessment of the situation and a
decision about who will be responsible for reviewing it. If there is any
indication that the alleged relationship may not be welcome to either of
the participants, the Director of Equal Opportunity should
normally conduct the review to determine whether sexual harassment may
have occurred. If the alleged relationship appears to be consenting but
presents a conflict of interest for one of the participants, an
appropriate supervisor, administrator, or Human Resources staff member
should normally conduct the review to determine whether a conflict of
interest exists. An appropriate campus official should meet with the
faculty or staff member to:
a. Determine to the extent possible whether a romantic or sexual
relationship exists, explore whether it appears to be consensual, and
determine whether a conflict of interests exist,
b. Inform the faculty or staff member of his or her responsibilities
under University policy,
c. Explore and assist with options for the appropriate transfer of
responsibility for the subordinate student or employee,
d. Encourage the faculty or staff member to terminate the current
relationship, if appropriate, and/or to avoid such relationships in the
future, and
e. Follow-up to ensure that the transfer of responsibility occurs.
A campus official who is reviewing an alleged consenting relationship
that poses a conflict of interest and who receives information that the
relationship may not be welcome to one of the participants should
immediately contact the Director of Equal Opportunity. If
there is a reasonable basis to believe that the relationship is not
consensual for one of the individuals, the Director of Equal Opportunity should meet with that person.
If a faculty or staff member fails to promptly disclose a relationship
or fails or refuses to remove himself or herself from decisions
affecting the other person as soon as practicable, the Equal Opportunity
Executive Director, administrator, or supervisor will review whether
disciplinary action may be necessary and will make his or her
recommendation to the appropriate campus administrator.
Director of Equal Opportunity
101 North Stevens Hall
58l-l226
University of Maine System Office of Human Resources
HRS 1l/90
