When individuals involved in a consensual romantic or sexual relationship are in positions of unequal power, there is the potential for a conflict of interest, favoritism, and exploitation. To protect the integrity of the academic and work environment, this policy outlines limitations on consensual romantic or sexual relationships between tutors, staff and students.
There are many ways problems can arise when members of the College community in unequal positions of power engage in a sexual or romantic relationship. When one person can grade, advance, promote, recommend, take corrective or disciplinary action, or otherwise influence the employment or academic status of the other, there is the possibility that what appears to be a consensual relationship is not so. Some recipients of sexual advances may fear that refusal will result in loss of an employment or academic benefit, and thus enter such a relationship even though it is in fact unwelcome. Such situations may constitute sexual harassment, which is illegal.
Even when such a relationship is genuinely consensual (and therefore does not constitute sexual harassment), the relationship can cause problems for both parties and harm the academic and work environment at the College. There is the appearance and often the reality of a conflict of interest on the part of both parties to the relationship, and the relationship could lead to damaging claims or concerns of favoritism or exploitation.
Accordingly, the College has established this Policy to protect the members of the community and the integrity of the academic and work environment from the conflicts of interest and disruptions that can arise from consensual sexual or romantic relationships involving members of the College community in unequal positions of power or authority.
For the purposes of this Policy:
No tutor or staff member shall enter into a sexual or romantic relationship with another tutor or staff member over whom they exercise Direct Authority. Conversely, no tutor or staff member shall exercise Direct Authority over any other tutor or staff member with whom they have, or previously had, a sexual or romantic relationship. If such a situation pre-exists or would be created by a promotion or transfer of roles, it will not be considered a violation of this Policy if the party in the position of greater authority promptly discloses the relationship to the Dean, Director of Human Resources, or the Title IX Coordinator so an appropriate management plan can be put into place.
For the avoidance of any doubt, a tutor on the Instruction Committee should not take part in the appointment, reappointment, or tenure decision of another tutor with whom the first has had, or has sought to have, a sexual or romantic relationship. If such a case should arise, the tutor on the Instruction Committee is obligated to disclose the relationship to the Dean to coordinate the tutor’s recusal. Failure to do so may result in sanction, including but not limited to removal from the Committee. This provision is understood to apply to the Dean and President as members of the Committee.
When individuals involved in a consensual romantic or sexual relationship are in positions of unequal power, such as tutor-student, coach-student, or staff-student there is the potential for a conflict of interest, favoritism, and exploitation. These relationships may be less voluntary than the person with greater power perceives, or circumstances may change and conduct that was once welcome may become unwelcome. The fact that a relationship was initially consensual does not insulate the person with greater power from a claim of sexual harassment. Further, a party’s professional or academic reputation may suffer due to perceptions of favoritism or exploitation. Moreover, such relationships may lead to restricted opportunities, or a perception thereof, for others in the work or academic environment.
In 1992 the faculties of St. John’s resolved on the following statements:
Sexual intimacies between tutors and undergraduate students are always unwise, dangerous, and a breach of recognized standards of conduct governing teacher-student relations at this college. Sexual intimacy between tutors and students jeopardizes the work of the college: whatever their motives and outcome, such relations may subvert or may be seen as subverting the stated purpose of association between tutors and students.
The College strictly prohibits sexual or romantic relationships between tutors and undergraduate students. The responsibility for preventing such relationships lies with the tutors. The Dean, in consultation with the President and Title IX Coordinator may permit exceptions to this in limited appropriate circumstances (e.g., a non-traditional undergraduate student who is in an existing and committed relationship with a tutor). Should such an exception be granted, the tutor shall never exercise direct authority over that student.
These prohibitions apply to tutors and Graduate Institute students whenever a tutor has any kind of direct authority over that student. Should a tutor be in a sexual or romantic relationship with a Graduate Institute student or had a prior sexual or romantic relationship with a Graduate Institute student, that tutor must disclose the relationship to the Associate Dean; the tutor shall never exercise direct authority over that student.
No staff member shall enter into a sexual or romantic relationship with a student over whom that staff member has Direct Authority. Conversely, no staff member shall exercise Direct Authority over a student with whom the staff member currently has, previously had, or previously sought to have a sexual or romantic relationship.
If such a consensual relationship preexists or develops due to a promotion or hiring decision, the person in the position of greater power must immediately report the relationship to the Office of Human Resources or to the Title IX Coordinator. It is the responsibility of both the person with the greater power in the relationship and the individual to whom the relationship is reported to ensure that the party with the greater power is removed from any direct authority over the other party to the relationship. This paragraph does not authorize or allow a staff member to pursue or enter into a new sexual or romantic relationship with a student over whom that staff member has Direct Authority.
Additionally, students serving as an assistant for a specific course (e.g., as a lab assistant or music assistant) or are in a student-employee position where they supervise other students (including RA’s) must disclose any existing or prior sexual or romantic relationship with any student over whom they exercise direct authority. This disclosure should be made to the tutor or Dean (lab/music assistants), the supervisor or Director of Human Resources (student-employees/RA’s), or to the Title IX Coordinator so an appropriate management plan can be put into place.
The procedures set forth in the Nondiscrimination and Anti-harassment Policy shall be used to determine, by a preponderance of the evidence, whether a violation has occurred. Violations of this policy will result in disciplinary actions, which can include, but are not limited to, written warnings, loss of privileges, mandatory training or counseling, probation, suspension, demotion, exclusion, expulsion, and termination of employment, including revocation of tenure.
