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  Cornell University

The University Faculty

Office of the Dean

Other Schools (Q4)

Tulane

Acts or allegations of harassment shall be handled in accordance with the University’s
Harassment Policy, which shall take precedence over this policy with respect to such acts or
allegations. Acts or allegations regarding nepotism shall be handled in accordance with the University’s Nepotism Policy, which shall take precedence over this policy with respect to such acts or allegations.

Stanford

This policy was originally part of the Sexual Harassment policy, which went into effect on October 6, 1993, and was amended November 30, 1995, May 30, 2002, August 30, 2012 and June 11, 2013. Its revision and conversion to a separate policy was made on December 6, 2013 and updated on January 21, 2014.

University of Michigan

Nothing in this policy shall be deemed as supplanting or otherwise affecting the University’s sexual harassment policy or the policy on the appointment of relatives.

University of Iowa

Such relationships also have the potential for other adverse consequences, including the filing of charges of sexual harassment and/or retaliation under II-4 Sexual Harassment if, for example, one party to the relationship wishes to terminate the relationship to the other party’s objection. In those circumstances when sexual harassment is alleged as the result of a romantic and/or sexual relationship, the existence of the relationship is not a per se violation of the Policy on Sexual Harassment. However, the apparent consensual nature of the relationship is inherently suspect due to the fundamental asymmetry of power in the relationship and it thus may be difficult to establish consent as a defense to such a charge. Even when both parties consented at the outset to a romantic involvement, this past consent does not remove grounds for or preclude a charge or subsequent finding of sexual harassment based upon subsequent unwelcome conduct.

Because the Policy on Sexual Harassment prohibits unwanted behavior of a sexual nature, the scope of the Policy on Sexual Harassment and the scope of this Policy on Consensual Relationships are mutually exclusive. In those cases where a complainant alleges both unwanted behavior of a sexual nature and consensual sexual relations within an instructional context, the two complaints are considered separate allegations and ordinarily are resolved consecutively rather than concurrently, starting with the sexual harassment complaint, which must be investigated under the procedures set forth in the Policy on Sexual Harassment before the consensual relationships complaint is considered.

Iowa State University

Because of these reporting and evaluation relationships and the uneven power inherent in such relationships, it will be very difficult to prove immunity from a subsequent charge of sexual harassment on grounds of mutual consent. It is the instructor, supervisor, or senior colleague who, by virtue of his/her position, will bear a special burden of accountability if charges of sexual harassment arise.

Virginia Commonwealth University

Relationships between an employee in a position of authority and a student also have the potential for other adverse consequences, including the filing of charges of sexual harassment and/or retaliation if one party to the relationship wishes to terminate the relationship over the other party’s objection. The initially perceived consensual nature of the relationship can ultimately be seen as inherently suspect due to the fundamental asymmetry of power in the relationship, and it thus may be difficult to establish consent as a defense to such a charge. Further, even when both parties consented at the outset to a romantic involvement, this past consent does not remove grounds for or preclude a charge or subsequent finding of sexual harassment based upon subsequent unwelcome conduct. When such relationships falter, a student or trainee’s university learning or work environment can be adversely affected resulting in possible Title IX violations under federal law. Such relationships can also adversely affect the learning or work environment in a manner that harms or injures others.

Last Updated: October 19, 2017 at 9:56 pm