Procedures to Implement CSU Executive Order 1096 - Consensual Relationships

Submit Consensual Relationship Disclosure Form to scricca@sfsu.edu

The California State University’s Executive Order 1096 prohibits consensual relationships which meet certain conditions.  The prohibition is defined as follows:

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 this policy.

A CSU Employee shall not enter into a consensual relationship with a Student or Employee over whom s/he exercises or influences direct or otherwise significant academic, administrative, supervisory, evaluative, counseling, or extracurricular authority. In the event such a relationship already exists, each Campus shall develop a procedure to reassign such authority to avoid violations of this policy. 

PROCESSES FOR DISCLOSURE OF APPLICABLE CONSENSUAL RELATIONSHIPS

Employees who are in a current consensual relationship or contemplating entering a consensual relationship as defined above are responsible to disclose this relationship to the Title IX Coordinator.  The form to be used for such disclosures is available at Consensual Relationships.  Additionally, 3rd parties may also report consensual relationships which they believe fall under the purview of EO 1096.  To ensure the integrity of the reporting process, anonymous reporting is discouraged.

Please note that failure to disclose a consensual relationship which potentially falls under behavior prohibited by EO 1096 may result in discipline that is administered in a manner consistent with applicable collective bargaining agreements, CSU policies, and legal requirements.

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, the Dean for Faculty Affairs, and the Equity Programs & Compliance Manager will review the relationship and determine if it falls under the purview of EO 1096.  If so, then viable strategies for mitigating the concerning influence or 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 EO 1096.

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 EO 1096.

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.

 

Drafted March 3, 2016

Revised March 24, 2016

Reviewed by Equity Programs & Compliance Leadership Team March 28, 2016

Finalized April 1, 2016

Corrected November 8, 2016

 

The contents of this webpage and the form can be downloaded as a PDF document. 

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