Improper Sexual or Romantic Relationships Procedures
I. Policy Statement
No faculty member or supervising administrator shall initiate, pursue, or be involved in an improper sexual, amorous, or romantic relationship with any employee or student who is advised, counseled, evaluated by, or supervised directly or indirectly or whose job performance is reviewed or evaluated by that person. The same is true for clerical, secretarial, maintenance, technical, paraprofessional, and professional staff, students, and administrators when acting in an advisory, counseling, instructional, supervisory, or evaluative role with respect to students or employees supervised directly or indirectly by that person. However, in accordance with the Sexual Misconduct Policies (1.42 and 4.16), some forms of harassment may also violate the College’s policy against Sexual Misconduct under Title IX. When a report of harassment is received, the Title IX coordinator will determine whether it shall proceed under this policy or the Sexual Misconduct Policies and Procedures. Friendships or mentoring relationships are not affected by this policy, nor is it the intent of this policy that such non-romantic relationships be discouraged or limited in any way. Marital relationships are covered under the College’s policy concerning “Employment of Relatives”.
II. Procedures for Reporting and Investigating Improper Sexual, Amorous or Romantic Relationships
A. Any supervising administrator who receives an improper sexual or romantic relationship allegation or complaint, or who has knowledge of such a relationship, shall inform his/her immediate supervisor and the Executive Director of Institutional Equity (Executive Director). The Executive Director will investigate all improper sexual, amorous, or romantic relationship allegation or complaint.
B. Any College employee or student may report an allegation of or improper sexual, amorous, or romantic relationship to his/her immediate supervisor. If the employee relationship involves the immediate supervisor, or if the employee prefers, the employee may report the relationship to the next level of management or to the Executive Director. If the relationship involves the department head, or if the student prefers, the student may report the relationship to the appropriate dean or to the Executive Director.
C. Improper sexual, amorous, or romantic relationships may involve conduct violating the Discrimination and Harassment Policies (1.37 and 4.10) or the Sexual Misconduct Policies (1.41 and 4.16). Students and employees are encouraged to follow those procedures in addition to or in lieu of the remainder of the following procedure.
D. In the event of an improper sexual or romantic relationship complaint, the following procedures will be followed:
- An Improper Sexual, Amorous, or Romantic Relationship (ISAR) Complaint Form (ISRR 1) will be completed in detail and signed by both the complainant and the Executive Director.
- Each improper sexual, amorous or romantic relationship complaint shall be investigated by the Executive Director, and a determination of the facts shall be made. The complainant and the respondent may expect a response to a complaint within 30 working days following the filing of a formal Improper Sexual, Amorous, or Romantic Relationship Complaint. Human Resources personnel, including the vice president of Talent and Organizational Engagement, executive director of Employee Relations, the Title IX coordinator, or designee may extend the response period if any investigation requires additional time to gather facts.
- The Executive Director shall investigate the complaint by separately interviewing the individual(s) against whom the complaint is filed and potential witnesses. The appropriate Improper Sexual, Amorous, or Romantic Relationship Report Form (ISRR2 for the accused or ISRR3 for witnesses) will be completed during each interview. Copies of completed forms will be retained by the Executive Director. While an effective investigation cannot promise complete confidentiality of information provided by complainants or witnesses, the Executive Director will keep such information and identities confidential to the extent possible.
- Any employee involved in the investigation of an improper sexual or romantic relationship complaint must treat all information gained from the complainant(s) or witness(es) during the investigation as confidential and disclose such information only on a need-to-know basis.
- In appropriate circumstances, the President or designee may at any time during or after an investigation of an improper sexual or romantic relationship complaint place the employee against whom a complaint has been filed on administrative leave per Policy 1.28 Administrative Leave.
- Following the investigation of the complaint, the immediate supervisor of the accused, the unit vice president or designee, Human Resources personnel, including the vice president of Talent and Organizational Engagement, executive director of Employee Relations, the Title IX coordinator, or designee, and the Executive Director will determine whether the allegations were substantiated and recommend appropriate action to the President.
E. In the event that an improper sexual, amorous, or romantic relationship complaint is made directly to the Executive Director, they shall report the complaint to the immediate supervisor of the employee against whom the complaint is filed, Human Resources personnel, including the vice president of Talent and Organizational Engagement, executive director of Employee Relations, the Title IX coordinator, or designee and the unit vice president or designee.
F. Any employee who fails to act promptly and in accordance with established procedures in response to an improper sexual, amorous, or romantic relationship complaint is in violation of this policy and will be subject to disciplinary action as described in this policy.