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Improper
Relationships between Students and Employees
On March 15,
1996, the Board of Governors adopted a policy concerning "Improper
Relationships Between Students and Employees" for immediate implementation
by all constituent institutions. In accordance with the Board of Governors'
policy statement, WCU has adopted the following policy and procedures.
Policy and Procedures
The University
of North Carolina and Western Carolina University do not condone amorous
relationships between students and employees. Members of the University
community should avoid such liaisons, which can harm affected students
and damage the integrity of the academic enterprise. Further, sexual
relationships between unmarried persons can result in criminal liability.
In two types of situations, University prohibition and punishment
of amorous relationships is deemed necessary: (1) When the employee
is responsible for evaluating or supervising the affected student.
(2) When the student is a minor, as defined by North Carolina law.
A. Prohibited
Conduct
-
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 he or she
has an amorous relationship or to whom he or she is related
by blood, law or marriage.
- 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 years.
B. Definition
of Terms
-
"Amorous
relationship." An amorous relationship exists when, without
the benefit of marriage, two persons as consenting partners
(a) have a sexual union or (b) engage in a romantic partnering
or courtship that may or may not have been consummated sexually.
- "Related
by blood, law or marriage" means:
a. Parent
and child
b. Brother and sister
c. Grandparent and grandchild
d. Aunt and/or uncle and niece and/or nephew
e. First cousins
f. Step-parent and step-child
g. Husband and wife
h. Parents-in-law and children-in-law
i. Brother-in-law and sisters-in-law
j. Guardian and ward
- "Evaluate
or supervise" means
a. To assess,
determine or influence (1) one's academic performance, progress
or potential or (2) one's entitlement to or eligibility for
any institutionally conferred right, benefit or opportunity,
or
b. To oversee,
manage or direct one's academic or other institutionally prescribed
activities.
C. Corrective
Action
Complaints
that an employee is violating this policy should be made to and
investigated by the accused employee's supervisor. Before beginning
an investigation, a supervisor may require a complaining party to
submit a signed, written statement. While there are no time limits
barring a complaint, delay may make it difficult for the supervisor
to properly investigate the matter. The person charged with investigating
the complaint may seek guidance as necessary from either higher
level supervisors, the Equal Opportunity Director or University
Legal Counsel. The Chancellor may assign the Equal Opportunity Director
or the University Legal Counsel to assist in the investigation as
necessary.
All complaints
received pursuant to this section must be reported to the Vice Chancellor
of the accused employee by the person receiving them. The report
shall be in the form of a written statement identifying the complaining
party, the conduct complained of, and the employee alleged to have
engaged in it.
The purpose
of the investigation is to determine whether there is a reasonable
basis for believing that a violation of this policy has occurred.
The investigator serves as a neutral fact finder. While there are
no time limits placed on investigators, investigations must be completed
as quickly as justice and fairness allow. Possible outcomes of the
investigation include: (1) a judgment that a policy violation did
not occur; (2) an agreement, in appropriate cases, to end the employees
supervisory or evaluative responsibilities over the student; (3)
institution of formal disciplinary action in accordance with existing
disciplinary policies and procedures.
If disciplinary
action is brought against an affected employee, it shall be conducted
in accordance with existing institutional policies and procedures
prescribed for prosecuting misconduct charges against members of
the class of employment of which the affected employee is a member.
Formerly Executive
Memorandum 96-116
Initially approved July 8, 1996
Administering office: Chancellor's Office
Posted June 08,
1999
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