Handbook of Operating Procedures 3-3050
Consensual Relationships
Effective January 03, 2017
Executive Sponsor: Chief Compliance Officer
Policy Owner: Associate Vice President for Investigation and Adjudication
The University of Texas at Austin ("University") is committed to maintaining an academic community (including associated teaching, research, working and athletic environments) free from conflicts of interest, favoritism, and exploitation. This policy addresses romantic relationships and/or sexual interactions that, although consensual, may create actual and perceived conflicts of interests, and create the possibility for exploitation or favoritism.
Except as expressly permitted herein, this policy prohibits consensual relationships between:
The University recognizes that consenting individuals associated with the University should be free to enter into personal relationships of their choice. At the same time, such relationships must not put at risk the fundamental interest of every member of the University community to participate in University activities free from conflicts of interests, favoritism, and/or exploitation. Romantic relationships between certain categories of individuals affiliated with the University risks undermining the essential educational purpose of the University and can disrupt the workplace and learning environment.
This policy applies to all University employees (including faculty), student employees, students, and affiliates. This policy is applicable regardless of the sex/gender of the individual with managerial, supervisory, teaching, evaluation, coaching or advisory authority, and/or the sex/gender of the individual who is managed, supervised, taught, coached, advised, or evaluated in any way.
Coach:
Any person serving in the capacity as an Intercollegiate Athletics head coach, associate head coach, assistant coach, graduate assistant coach, coaching intern, volunteer coach, or any individual exercising coaching responsibilities.
Consensual Relationship:
A romantic relationship and/or sexual interaction agreed to by the involved parties.
Employee:
Except as specifically stated herein, employee includes faculty, classified staff, administrative and professional staff, post-doctoral positions, and employee positions requiring student status.
Mitigation Plan:
A written plan developed as provided in this policy that mitigates the conflict of interest and the potential for exploitation or the appearance of exploitation or favoritism created by the consensual relationship and
which plan is acknowledged and signed by the parties involved.
Student-Athlete:
Any student (undergraduate or graduate) who is currently participating as a member of an intercollegiate varsity sport sponsored by the University.
Supervisee:
Any individual whose terms and conditions of employment, student, student-athlete, or affiliate status are controlled or affected by a supervisor, as defined by this policy.
Supervisor:
An employee (including faculty), student, or affiliate who:
University Affiliate:
An individual associated with the University in a capacity other than as a student or employee who has access to University resources through a contractual arrangement or other association that has been reviewed and approved in accordance with guidelines established by Human Resources ("HR"), the Executive Vice President and Provost ("EVPP"), or the Vice President for Research. Examples of a University Affiliate may include, but are not limited to:
Additional information regarding other types of University Affiliates may be found at: http://www.utexas.edu/business/erp/hrms/help/UniversityAffiliateTypes.php.
https://secure2.compliancebridge.com/utexas/public/getdoc.ph?file=3-3050
CONTACT | DETAILS | WEB |
Department of Investigation and Adjudication | Phone: 512-471-3701 | Website: https://compliance.utexas.edu/department- investigation-and-adjudication |
University Compliance Services | Phone: 512-232-7055 | Website: |
Human Resources- Strategic Workforce Solutions | Phone: 512-475-7200 512-232-3523 | Website: https://hr.utexas.edu/current/services/ Email: hrs.sws@austin.utexas.edu |
Employee Assistance Program | Address: UTA, Rm 2.304 Phone: 512-471-3366 | Website: Email: eap@austin.utexas.edu |
Office of the Dean of Students - Student Emergency Services | Phone: 512-471-5017 | Website: |
Office of the Dean of Students - Student Emergency Services | Phone: 512-471-5017 | Website: |
UT Counseling and Mental Health Center |
Phone: 512-471-3515 | Website: https://cmhc.utexas.edu/ (https://cmhc.utexas.edu/) |
Intercollegiate Athletics - Human Resources |
Phone: 512-232-1276 | Website: |
Office of the Executive Vice President and Provost |
Phone: 512-471-4363 | Website: |
The following consensual relationships, even if a single interaction, are prohibited and cannot be mitigated by a mitigation plan.
*Note: "Employee"; as used in Section VII.A.1 does not include student employees. See Section VII.A.4 below for prohibitions applicable to University student employees. Also, for purposes of this policy, the term "undergraduate" does not include any individual who is considered an undergraduate at the University solely because the individual is taking course(s) through the Staff Educational Benefit offered to University employees.
*Note: "Employee" as used in Section VII.A.3 does not include student employees except for those who teach, manage, supervise, advise, coach, or evaluate any student-athlete or student assigned to or associated with Intercollegiate Athletics.
Exemptions to any of these provisions will be considered on a case-by-case basis and will be approved by the Associate Vice President for Investigation and Adjudication, with input from the supervisor(s) of the individual(s) involved.
Questions about the application or effect of this policy to an existing or potential relationship should be directed to DIA, HR and/or the EVPP. This policy is not intended to apply to marriage relationships. Refer to HOP 5-1260 - Employment of Close Relatives (Nepotism), for information concerning these types of relationships.
An employee (including faculty) or affiliate who is notified, or becomes aware of, an alleged violation of this policy has an obligation to report it timely. Report Here
It is critical the University receive notification of consensual relationships covered by this policy so as to prevent conflicts of interest, favoritism, and exploitation. Unreported consensual relationships pose a significant risk to the University community. With this in mind, if the person in the consensual relationship who is in the position of greater authority or power immediately notifies appropriate University offices of the development of a consensual relationship covered by this policy and cooperates to mitigate the effects of the consensual relationship, then a conduct/discipline investigation may not be pursued. Unreported consensual relationships will be considered more severe violations of this policy.
*Note: This safe harbor provision does not apply to potential violations of HOP 3-3031 - Prohibition of Sexual Assault, Sexual Misconduct, Interpersonal Violence, and Stalking.
Retaliation against a person who reports a potential violation under this policy, assists someone with a report of a violation, or participates in any manner in an investigation or in the resolution of a complaint made under this policy is strictly prohibited and will not be tolerated. Retaliation includes, but is not limited to threats, intimidation, reprisals and/or adverse actions related to an individual's employment or education. The University will take appropriate steps to assure a person who in good faith reports, complains about, or participates in an investigation pursuant to this policy will not be subjected to retaliation. Individuals who believe they are experiencing retaliation are strongly encouraged to lodge a complaint with DIA and/or UCS.
Confidential counseling services are available to employees through the Employee Assistance Program at 512-471-3366 and to students through the UT Counseling and Mental Health Center at 512-471-3515.
The Department of Investigation and Adjudication
University Compliance Services - Hotline
Mitigation Plan for Consensual Relationships Template (DOC)
HOP 3-3031 "Prohibition of Sexual Discrimination, Sexual Harassment, Sexual Assault, Sexual Misconduct, Interpersonal Violence, and Stalking"
For Employees - Employee Assistance Program
For Students - UT Counseling and Mental Health Center
UTS184 Consensual Relationships
Regents' Rules and Regulations, Rule 30105: Sexual Harassment, Sexual Misconduct, and Consensual Relationships
HOP 3-1022 Protection from Retaliation for Suspected Misconduct Reporting (Whistleblower)
HOP 5-1260 Employment of Close Relatives (Nepotism)
HOP 3-1022 Protection from Retaliation for Suspected Misconduct Reporting (Whistleblower)
Revision date: January 3, 2017
Editorial Revisions: August 2, 2022
Original effective date: November 1, 2001
Previously PM 4.110, HOP 4.A.2