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If a faculty or staff member does become romantically or sexually involved with a subordinate student or employee, the faculty or staff member must remove himself or herself from any decisions affecting the other person as soon as practicable in order to avoid a conflict of interest and the potential for sexual harassment or sexual favoritism. The faculty or staff member may consult with the campus Equal Opportunity Officer and should speak with his or her supervisor about appropriate ways to transfer such responsibilities.

Even if the relationship is terminated, it may be necessary for the faculty or staff member to avoid any role in future decisions affecting the other person to avoid a perceived or actual conflict of interest or a claim of sexual harassment. A faculty or staff member who fails to disclose his or her involvement in a consenting relationship with a subordinate student or employee to his or her supervisor, or who fails or refuses to remove himself or herself from decisions affecting the other person will be subject to disciplinary action.

Evidence of a pattern of consenting relationships between a faculty or staff member and subordinate students or employees may subject the faculty or staff member to disciplinary action. Faculty and staff members are urged to be sensitive to the possibility that a consenting relationship which presently involves no power differential becomes problematic if they are unexpectedly placed in a position of responsibility for the student or employee with whom they have become involved.

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Responsibilities of administrators, supervisors, and Equal Opportunity Officers Universities should make reasonable efforts to ensure that all faculty and staff members receive a copy of the Sex Discrimination, Sexual Harassment, Sexual Assault, Relationship Violence, Stalking and Retaliation policy. In each situation involving an apparent consenting relationship, a determination about what measures are appropriate should be made on a case-by-case basis from the facts of the particular situation.

However, the following guidelines should normally be followed: In general, the law holds the University responsible for sexual harassment about which it knew or should have known. Consequently, information about apparently consenting relationships that comes to the attention of a supervisor, administrator, or Equal Opportunity Officer must be investigated to protect the University from a potential charge that it knew or should have known about unwanted sexual conduct or a relationship which turned out to be nonconsensual.

Although it is not necessary to explore every rumor alleging a consenting relationship, rumors which form a reasonable basis for believing that an alleged relationship exists that is subject to University policy should be investigated. An administrator or supervisor who has a reasonable basis to believe that an alleged romantic or sexual consenting relationship is occurring that is covered by University policy must therefore immediately consult with the campus Equal Opportunity Officer.

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The purpose of this consultation is to allow for a joint assessment of the situation and a decision about who will be responsible for reviewing it. If the alleged relationship appears to be consenting but presents a conflict of interest for one of the participants, an appropriate supervisor, administrator, or Human Resources staff member should normally conduct the review to determine whether a conflict of interest exists.

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