B. It is misconduct, subject to disciplinary action, for a University employee to engage in sexual activity with any enrolled student of the institution, other than his or her spouse, who is a minor below the age of 18.

The University values and respects the privacy of its students, faculty, and other employees, but it is improper and professionally unethical for a University faculty member, instructional assistant, or other employee to simultaneously maintain an amorous or familial relationship with a student, and have direct professional responsibility for that student; one of the relationships must be terminated. If the employee's professional responsibility for a student is terminated, it must be done in such a way as not to compromise the student's progress toward the completion of his or her academic program. It is also improper and professionally unethical for a faculty member, instructional assistant, or other employee to fail to withdraw from participating in activities or decisions that may reward or penalize a student with whom the employee has an amorous or familial relationship.

II. Implementation Procedure

Essential to the implementation of this policy is avoidance of situations that may result in potential or actual conflicts of interest. Accordingly, it is important for members of the University community to be made aware of their responsibilities under the policy. Such awareness will be promoted by publication of the policy in the Catalog and in the Faculty Handbook, and distribution in faculty and student orientation sessions.

A. Self-Reporting Procedure. Whenever a situation creates or appears to create a conflict of interest under the policy, the faculty member or other employee concerned shall report it promptly to his or her department head, department chair or, in the case of the chair, to the dean. The head, chair or dean should take immediate and effective action to ensure that the faculty or staff member will no longer participate in the evaluation or supervision of the student concerned and that there will be unconflicted evaluation or supervision of the student without compromising the student's progress toward the completion of his or her academic program. Evaluative/supervisory situations that may need attention include, but are not limited to: faculty involvement in the evaluation of academic performance; service on committees for academic awards and prizes for which the student may be considered; thesis supervision; and supervision of research and teaching assistants. Deans should be kept fully informed by chairs with respect to actions taken in response to self-reported conflicts of interest under this policy.

B. Complaint Procedure. A member of the University community who believes that this policy governing employee-student relationships has been violated may initiate a complaint through the appropriate department head, department chair, the dean, or the vice chancellor of the division in which the University employee involved in the relationship is employed. In the balance of the policy statement, that vice chancellor is referred to as the "Administrator." Complaints filed with chairs or deans will be forwarded to the Administrator promptly for formal action.

1. Complaints should be in writing and must be held in confidence. Disclosure concerning the existence, source, or substance of a complaint will be solely at the discretion of the Administrator and should be limited to those who, in the interests of fair treatment and elimination of the conflict of interest, have an immediate need to know. Disciplinary action under the appropriate policies concerning personal misconduct shall be taken against any person bringing a malicious or frivolous complaint in bad faith.

2. The Administrator will conduct a preliminary inquiry to establish whether there is a reasonable basis for believing that the policy has been violated. The Administrator may conduct the inquiry directly or may ask one or more administrators or faculty members (including a dean and/or the department chair) to conduct the investigation and prepare a report for the Administrator's consideration. In any event, the Administrator bears sole and complete responsibility for the final decision and recommended disciplinary sanctions, if any.

3. In conducting the inquiry, the Administrator (or designee) may interview the complainant, the faculty or staff member and student concerned, and any other person believed to have pertinent factual knowledge. The Administrator (or designee) may also obtain any University record deemed necessary to the inquiry and may request from relevant parties or other sources any documents or other information which will be of assistance. The inquiry should:
 

a. Determine whether the reported relationship exists in fact, is consensual in nature, and has created an inappropriate conflict of interest;

b. Determine whether the faculty or staff member has failed in his or her responsibility under this policy to remove an inappropriate conflict of interest;

c. Explore and assist with options to end any inappropriate conflict of interest, including the transfer of responsibility for evaluating, supervising, or advising the student;

d. Review the appropriateness of any academic decisions made by the faculty or staff member that may have been made when a conflict of interest existed; and

e. Afford the faculty or staff member a full opportunity to respond to the complaint.

4. After having considered the evidence collected and the report (if any) of a designated investigator(s), the Administrator will prepare a written Preliminary Report to the Chancellor which will describe the facts and announce a preliminary decision as to whether this policy has been violated. The faculty or staff member will be provided a reasonable opportunity to review and comment in writing upon the Preliminary Report.