1.Purpose
The purpose of this policy is to set forth standards of professional and ethical conduct at The University of North Carolina at Greensboro (the “University”) with respect to interpersonal relationships between employees and students. The University is committed to providing an equitable and accessible educational environment to all in our community. The intent of this policy is to provide assurance that all students are able to learn and work in an environment where they can be objectively supervised, instructed, and evaluated based on individual merit.
Central to the educational mission of the University is the establishment of close working relationships between those charged with the responsibility to convey educational opportunities and those who benefit from them. Employee/student relationships characterized by related persons or sexual or romantic ties, however, create inherent complexities among members of a learning community. As noted in the University’s Policy on Undue Favoritism, the intimate nature of these relationships calls into question the ability of the employee to objectively evaluate, supervise, or make decisions about the student with whom they are in a relationship. This can compromise the student’s access to an equitable educational environment and may provide grounds for complaint by other students when the relationship appears to convey an undue advantage in the evaluation or supervision process. Though the relationship between two consenting adults in these circumstances would normally be merely a private matter, the unequal status of the parties in the employment or academic setting provides opportunities for one in a position of authority to favor or advance the other’s university-related interests. Even where such influence is not exercised, the appearance of favoritism may lead those not so advantaged to doubt the integrity of the normal processes available for advancement.
In addition, sexual or romantic relationships between Covered Persons and students may be viewed differently by the Covered Person and student. Covered Persons who supervise or evaluate students exercise power over them. In any situation where one person in a relationship has power over the other, the consensual nature of the relationship can be called into question, and/or the relationship may be viewed differently in retrospect. This may result in a hostile environment or concerns that students have been offered or given benefits contingent on romantic relationships or sexual favors.
Romantic relationships between Covered Persons and students occurring outside of a formal instructional, evaluative, or supervisory context can also create significant challenges. This is particularly true when the Covered Person and student are in the same unit or program or in units or programs that are closely related. Though the relationship may begin at a time when there is not a direct evaluative relationship between the Covered Person and student, changes in teaching assignments and roles and responsibilities may mean that Covered Persons find themselves in an evaluative position over a student with whom they have or have had a romantic relationship.
2.Scope
This policy applies to all faculty and staff, regardless of employment classification or appointment type [full- and part-time faculty and staff, whether subject to the State Human Resources Act, or exempt therefrom (EPS, SAAO)], and to students (including students who serve as graduate and undergraduate assistants) who have instructional, evaluative, supervisory, or mentorship responsibilities for students. Hereinafter referred to as “covered persons.”
3.Definitions
3.1Romantic Relationship:
A relationship in which two individuals are not married or not involved in a domestic partnership but as consenting adults (a) have a sexual relationship; or (b) have an otherwise romantically intimate relationship that may or may not involve sexual contact (examples may include, but not be limited to: physical, verbal, exchanged messages, videography).
3.2Related Persons Relationship:
Anyone whose relationship is so closely identified with another person in either an academic or employment setting that the relationship suggests a conflict of interest. For purposes of this policy, “related persons” includes:
- Spouse or Domestic Partner
- Parent or Child
- Sibling
- Grandparent or Grandchild
- Aunt/Uncle or Niece/Nephew
- First Cousin
- Guardian or Ward
- Anyone living in the same household or whose relationship is so closely identified with another as to suggest a conflict
Based on the above list, Ex-, Step-, Half-, and In-Law relationships are appropriate.
The prohibited conduct in this policy applicable to related persons shall continue after the termination of the relationship (e.g., divorce) until such time as the constituent institution determines that there is no effect upon, or perception of, impartiality.
3.3Evaluate or Supervise:
To assess, determine, or influence (a) one’s academic performance, progress, or potential or (b) one’s entitlement to or eligibility for any institutionally conferred right, benefit, or opportunity; or to oversee, manage, or direct one’s academic or other institutionally prescribed activities. This includes, but is not limited to, teaching a course; directing an independent study, thesis, or dissertation; participating on a graduate advisory committee; employing an undergraduate or graduate student assistant; making decisions regarding grades, honors, or degrees; making decisions regarding work hours, work assignments, and performance evaluations; considering disciplinary action for a student; determining entitlement to or eligibility for any institutionally conferred right, benefit, or opportunity; coaching a student-athlete; or any other action that assesses, determines, or influences academic performance, progress, or potential.
3.4Conflict of Interest:
A situation in which financial or other personal considerations, circumstances, or relationships may compromise, involve the potential for compromising, or have the appearance of compromising a Covered Person’s objectivity in fulfilling their university duties or responsibilities, including research, service, teaching and or mentorship activities, and administrative duties.
3.5Conflict of Interest Management Plan:
A plan that provides transparency by acknowledging the conflictual situation, documenting planned actions to reduce the conflict, and specifying a process for monitoring the effectiveness of those actions.
3.6Employment Decision:
A decision regarding the search, selection, or appointment of an individual to employment; establishing the terms and conditions of employment or benefits; determining classification, compensation, or benefits of employment; evaluating work performance; voting or otherwise participating in processes for reappointment, promotion, tenure, or post-tenure review; issuing disciplinary action; or any other action that assesses, determines, or influences an individual’s work performance or career progress (e.g., work assignments, allocation of space, etc.).
4.Policy
4.1Foundational UNC System Policy Statement
As adopted by the University of North Carolina Board of Governors on March 15, 1996, and amended in 2007, and again in 2024, the following policy statement, in relevant part, serves as the foundation for this campus-based policy:
The University of North Carolina does not condone romantic relationships between students and employees. (“Covered Persons”) University community members should avoid such liaisons, which can harm affected students and damage the integrity of the academic enterprise. In two types of situations, University prohibition and punishment of romantic relationships are deemed necessary: (1) when the employee is responsible for evaluating or supervising the affected students; (2) when the student is a minor, as defined by North Carolina law.
It is misconduct, subject to disciplinary action, for a University employee, incident to any instructional, research, administrative or other University employment responsibility or authority, to evaluate or supervise any enrolled student of the institution with whom they have or had a romantic relationship or to whom they are related as defined in this policy. 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 a spouse, who is a minor below the age of 18 years.
4.2Standards of Conduct
4.2.1Initiation of a New Romantic Relationship
It is misconduct for Covered Persons under this policy to enter into a romantic relationship with any student for whom they currently serve in an evaluative or supervisory role, regardless of whether the relationship is consensually sought by the student.
4.2.2Evaluation, Supervision, and Employment Decisions in the Context of Existing Romantic or Related Persons Relationships
It is misconduct for Covered Persons covered by this policy to serve in an evaluative or supervisory role for any student with whom they (a) have an existing related person or romantic relationship or (b) have had a related person or romantic relationship that has ended but still presents an unmanageable conflict of interest.
- A Covered Person may not supervise, evaluate, or have authority for employment decisions over a person with whom they have or had a romantic relationship, or who is a related person as defined in this policy. The prohibited conduct in this policy applicable to related persons shall continue after the termination of the relationship (e.g., divorce) until such time as the University determines that there is no effect upon, or perception of effect upon, impartiality.
- With respect to proposed employment decisions that would result in the concurrent service of related persons within the same academic department or employing unit, a person related to an incumbent employee may not be employed if the professional qualifications of other candidates for the available position are demonstrably superior to those of the related person or persons involved in a romantic relationship as defined in this policy.
- With respect to the concurrent service within the same academic department or employing unit at the University involving related persons or individuals who have had or have a romantic relationship, neither related person nor individual person (including promotion, tenure, reappointment, and post-tenure review). The prohibited conduct in this policy applicable to related persons shall continue after the termination of the relationship (e.g., divorce) until such time as the University determines that there is no effect upon, or perception of, impartiality.
- It shall also be a violation of the University’s policy for a Covered Person to influence or attempt to influence those involved in employment decisions regarding the related person or persons involved in a romantic relationship as defined in this policy.
4.2.3Duty to Disclose Existing or Prior Romantic or Related Persons Relationships
To determine whether a conflict of interest exists and, if so, whether it can be managed, Covered Persons should disclose the potentially conflictual relationship in accordance with section 4.4 of this Policy as soon as they become aware they may be in a position to evaluate or supervise a student with whom they have an existing or prior romantic or related person relationship. Failure to disclose a conflict of interest or failure to disclose in a timely manner shall constitute a violation of this policy.
4.2.4Change in Status
A change in an individual’s relationship with the University that would establish a potential violation of this policy (where one did not exist previously) creates a duty to disclose any romantic or related person relationships that present a potential conflict of interest. For example, an employment action (e.g., a student is hired as an Covered Person and has an ongoing romantic relationship with another student whom they are now asked to supervise or evaluate) may result in a potential violation.
4.2.5New Hires
Similarly, individuals who first join the University community as new Covered Persons have a duty to disclose any romantic or related persons relationships that present a potential conflict of interest.
4.2.6Retaliation
Any adverse action taken against a person for making a good faith report of an alleged violation of this policy will be considered retaliation. Threatening, intimidating, harassing, coercing, or other adverse conduct directed toward a person who has made a good faith report is considered misconduct. Retaliation does not include good faith actions pursued per policy or law in response to a reported violation of this policy.
4.3Relationship to Sexual Harassment
Romantic relationships between Covered Persons and students can lead to conditions that create a hostile environment, as defined in the University’s Title IX or Unlawful Workplace Harassment Policies, even when the relationship begins as a consensual one.
Romantic relationships between Covered Persons and students formed for the exchange of sexual favors for positive evaluative or supervisory outcomes (i.e., quid pro quo) will be considered violations under the University’s Title IX and/or Unlawful Workplace Harassment Policies and addressed accordingly.
4.4Disclosure and Reporting Process
4.4.1Self-Disclosure of Existing or Prior Related Persons Relationships or Prior Romantic Relationships
Covered Persons with any concern regarding the potential for a current or prior relationship to create a conflict of interest in their ability to evaluate or supervise a student should disclose the relationship to their immediate supervisor. The immediate supervisor should consult with Human Resources if the concerned individual is an EPS nonfaculty or an SHRA staff member; the immediate supervisor should consult with Faculty Personnel Services if the concerned individual is a faculty member. Human Resources or Faculty Personnel Services, as appropriate, will determine whether a conflict of interest exists and whether it can be managed through a documented conflict of interest management plan or whether the circumstances creating the conflict of interest must be altered. Regardless, the disclosure should be documented in the individual’s personnel file to create a historical record, should questions be raised in the future.
4.4.2Reporting Alleged Violations of this Policy
Alleged violations of this policy should be reported to the Title IX Coordinator, who will review in consultation with the Dean of Students Office and Human Resources or Faculty Personnel Services, as appropriate. Other offices where an alleged violation is reported will share information with the other relevant offices as appropriate. Given the potential for violations of this policy to result in circumstances that implicate the University’s nondiscrimination policies, investigations of alleged violations will be conducted following the procedures stated in those policies.
5.Compliance and Enforcement
The Chancellor or Chancellor’s designee is responsible for the enforcement of this policy. The Chancellor, or designee, shall report annually to the Board of Trustees concerning all specific cases during the preceding year in which violations of this policy were identified and how they were addressed. Any violation of this policy by a Covered person who is a student employee is subject to the Student Code of Conduct and disciplinary action, up to and including termination, in accordance with departmental policies. For Covered Persons who are staff employees, violation of this policy will be subject to consideration as “misconduct” under applicable policies. For Covered Persons who are faculty, violations of this policy will be considered “violations of professional ethics” and “mistreatment of students” under applicable regulations. Disciplinary action will be conducted in accordance with existing policies and procedures as defined by the class of employment of which the Covered Person is a member.
Additionally, violations of this policy may result in termination or suspension of access, in whole or in part, to university information systems at the discretion of Information Technology Services, where such action is reasonable to protect the University or the University’s information infrastructure.
This policy is meant to supplement and does not purport to supplant or modify those statutory enactments, regulations, and policies that may govern the activities of public officials. If a violation of this policy also results in a violation of law, the violation may also be referred for criminal or civil prosecution.
6.Additional Information
6.1Supporting Documents
6.2Related Policies
Conflicts of Interest and Commitment Policy
Policy on Discriminatory Conduct
Promotion, Tenure, Academic Freedom and Due Process Regulations
Employees Exempt from the State Personnel Act (EPA Non-Faculty) Personnel Policies
SHRA Employee Grievance Policy
Unlawful Workplace Harassment Policy and Plan
UNC System Improper Relationship Policies:
- 300.4.2.1[G] – Guideline on Implementing Anti-Nepotism Policy
6.3Approval Authority
Chancellor
6.4Contacts for Additional Information and Reporting
6.4.1Responsible Executive:
- Provost and Executive Vice Chancellor, 201 Mossman Building, 336.334.5494
6.4.2Responsible Administrators:
- Director of EEO and Affirmative Action and Interim Director of Employee Relations, Human Resources, 720 Kenilworth Street, 336.334.5009
- Associate Vice Provost for Faculty Personnel Services, 201 Mossman Building, 336.334.5494
Revisions
| Revision Date | Revision Summary |
|---|---|
| 08/22/2022 | Policy Adopted |
| 09/16/2024 | Policy Revised |