Prohibited Consensual Relationships
The Interim CSU Nondiscrimination Policy prohibits consensual sexual or romantic relationships between an Employee and any Student or Employee over whom they exercise direct or otherwise significant academic, administrative, supervisory, evaluative, counseling, or extracurricular authority.
a. A consensual relationship means a sexual or romantic relationship between two individuals who voluntarily enter into such a relationship.
b. While sexual and/or romantic relationships between members of the University community may begin as consensual, they may evolve into situations that lead to Discrimination, Harassment, Retaliation, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, or Stalking subject to this Nondiscrimination Policy.
c. It is a violation of this Nondiscrimination Policy for an Employee to enter into a Prohibited Consensual Relationship.
d. Examples of Prohibited Consensual Relationships include, but are not limited to, a supervisor and an employee in their chain of command; a faculty member and a student enrolled in their class; a counselor and a student they are advising; a resident advisor and a student in their building; a club advisor and club member.
An Employee shall not enter into a consensual relationship with a Student or Employee over whom they exercise direct or otherwise significant academic, administrative, supervisory, evaluative, counseling, or extracurricular authority. Consensual relationship means a sexual or romantic relationship between two persons who voluntarily enter into such a relationship. While sexual and/or romantic relationships between members of the University community may begin as consensual, they may evolve into situations that lead to Discrimination, Harassment, Retaliation, Sexual Misconduct, Dating or Domestic Violence, or Stalking subject to the Nondiscrimination Policy.
Process for Disclosure of Consensual Relationships
Employees who are in a current consensual relationship or contemplating entering a consensual relationship as defined above are responsible for disclosing this relationship to the Title IX Coordinator by emailing the Consensual Relationship Disclosure Form to equityprograms@sfsu.edu
Additionally, third parties may also report consensual relationships which they believe are prohibited by the Interim CSU Nondiscrimination Policy. To ensure the integrity of the reporting process, anonymous reporting is discouraged. Third party reports of prohibited consensual relationships may be made here.
Please note that failure to disclose a prohibited consensual relationship may result in applicable discipline.
Review & Resolution of Reported Relationships
Upon receiving a disclosure of a consensual relationship, a committee comprised of the Title IX Coordinator, the AVP for Human Resources, and a representative from Faculty Affairs, will review the relationship and determine if it is a prohibited consensual relationship under the Interim CSU Nondiscrimination Policy. If so, then viable strategies for mitigating the concerning authority will be identified. The goal of this review in all cases will be to assist with preservation of the relationship.
Further, while the aspects of each situation may be unique, purposeful effort will be made to ensure that strategies identified and instituted are consistent. Equity Programs & Compliance will also strive to maintain the confidentiality and dignity of all individuals who are participants in a consensual relationship. This procedure recognizes that other existing University policies (e.g., Nepotism - Practice Directive 101) may also address the same consensual relationship in question. Those policies do not preclude disclosure to the Title IX Coordinator; however, resolutions instituted under other policies or procedures may suffice for purposes of resolving conflicts under the Interim CSU Nondiscrimination Policy.
Once strategies have been identified, they will be conveyed in writing to the responsible MPP or MPPs overseeing the units impacted by the consensual relationship. The identified strategies will be documented, and the MPP will be responsible to implement and monitor, as well as notify the Title IX Coordinator if additional conflicts of interest are identified. Should the relationship status change, notice to the Title IX Coordinator should be provided as soon as possible and any strategies reevaluated for reversal or refinement, etc.
In those very rare instances where the influence or authority cannot be mitigated through administrative interventions, the Title IX Coordinator will work with both parties in the consensual relationship to resolve the conflict of interest. Some positions on campus, by the nature of their associated duties and scope of responsibility, may constitute positions in which the incumbent should never engage in a consensual relationship while employed with SF State; MPPs who oversee such positions should engage in proactive consultation with current or incoming incumbents to mitigate any potential violations of the Interim CSU Nondiscrimination Policy.
Documentation
All documentation regarding consensual relationships disclosed and their resolution shall be maintained by the Title IX Coordinator. In accordance with applicable federal and state laws, as well as university policies, every reasonable effort will be made to ensure the confidentiality and privacy of these records.