Business Policies and Procedures Manual
Chapter 60: Personnel

Consensual Romantic or Sexual Relationships Between Faculty, Staff, and/or Students

BPPM 60.13

For more information contact:
   Human Resource Services
   509-335-4521 / hrs@wsu.edu

   Compliance and Civil Rights (CCR)
   509-335-8288/ ccr@wsu.edu

1.0  Policy and Purpose

To maintain a healthy and respectful educational and work environment, Washington State University (WSU, University) generally prohibits employees from engaging in romantic or sexual relationships when the employee holds a position of academic or professional authority over the romantic or sexual partner. In some cases, a written conflict management plan may be entered into when the relationship is promptly disclosed and management is feasible, in accordance with Section 4.2. (See also BPPM 60.14 regarding nepotism.)

WSU recognizes the importance of personal, consensual relationships but emphasizes the need to prevent negative consequences that may arise from romantic or sexual relationships within the University community, including but not limited to:

  • Conflicts of interest;
  • Power imbalances;
  • Abuse of power;
  • Coercion;
  • Deterioration of the unit’s morale;
  • Exploitation;
  • Favoritism;
  • Unfair treatment of others.

In certain situations where there is overlap in work responsibilities, a conflict of interest may exist even when neither party holds a position of academic or professional authority over the other. In those situations, the conflict of interest provisions in the University Ethics Policy (EP45, Section 4.0) apply.

2.0  Definitions

2.1    Consensual Romantic or Sexual Relationship

A consensual relationship is when individuals mutually consent to a romantic, physically intimate, and/or sexual relationship, whether casual or serious, short- or long-term. For purposes of consent to sexual activity, the definition of consent is provided in Executive Policy Manual EP15 (Policy Prohibiting Discrimination and Harassment, Section 19.1)

2.2    Position of Academic or Professional Authority

An employee has a position of academic or professional authority over another person when the employee has or may reasonably anticipate a future responsibility for the following actions involving another:

  • Supervising;
  • Directing;
  • Overseeing;
  • Recommending;
  • Instructing;
  • Coaching;
  • Mentoring;
  • Compensating;
  • Evaluating;
  • Grading;
  • Advising;
  • Disciplining; and/or
  • Providing benefits to, or having some other control or influence on:
    • Employment;
    • Educational status
    • University-owned housing; or
    • Professional future.

This definition applies to off-campus, curricular, co-curricular, and extracurricular activities.

3.0  Applicability

This policy applies to all WSU personnel, full-time and part-time, including:

  • Staff;
  • Faculty (all ranks, including emerit);
  • Officers;
  • Student employees (graduate, professional, and undergraduate);
  • Residence Life staff;
  • Contingent workers;
  • University personnel assigned to WSU-affiliated entities; and
  • Volunteers.

For purposes of this policy, the terms “University employees” and “University personnel” include all these categories and are used interchangeably.

This policy applies to consensual relationships. When there is a concern regarding sexual harassment, sexual misconduct, or discrimination, EP15 applies.

4.0  Requirements

4.1    Prohibited Relationships

Unless an approved conflict management plan is in place in accordance with Section 4.2 and/or BPPM 60.14, romantic or sexual relationships between an employee and an individual over whom the employee has a position of academic or professional authority are prohibited.

For example:

  • Faculty are prohibited from engaging in romantic or sexual relationships with students they currently or in the foreseeable future will:
    • Teach;
    • Advise;
    • Supervise;
    • Evaluate; or
    • Have some other form of influence or control over.
  • Staff and other employees are prohibited from engaging in romantic or sexual relationships with students they currently or in the foreseeable future will:
    • Teach;
    • Advise;
    • Supervise;
    • Evaluate; or
    • Have some other form of influence or control over.
  • Faculty, staff, and other employees are prohibited from engaging in romantic or sexual relationships with staff or other faculty whom they:
    • Oversee;
    • Supervise;
    • Direct;
    • Evaluate; or
    • Have some other form of influence or control over.
  • Graduate student employees are prohibited from engaging in romantic or sexual relationships with other students whom they:
    • Instruct;
    • Supervise; or
    • Have some other form of influence or control over.

All faculty, staff, and employees are strongly discouraged from entering romantic and/or sexual relationships with students.

4.2    Disclosure and Management Plan

If individuals desire to engage in a romantic or sexual relationship and one individual is an employee who holds a position of academic or professional authority over the other(s), the individual in the position of academic or professional authority over the other is required to promptly disclose the relationship or interest in the relationship to their supervisor (department chair or director, for faculty). The supervisor consults with Human Resource Services (HRS) and the next level supervisor (typically the college dean, for faculty) to evaluate the disclosure.

If it is determined that management is feasible, the supervisor issues a written conflict management plan to:

  • The individuals involved;
  • The next level supervisor(s);
  • Other WSU offices involved in the matter; and
  • HRS.

The plan must address the actual or potential conflicts of interest, power imbalances, and other issues that may arise. The plan may:

  • Change reporting lines;
  • Adjust responsibilities (including teaching and related assignments); or
  • Require other actions that provide for the protection of individual and University interests.

Adjustments are not guaranteed, and alternatives may not be available. The management plan may be declined or discontinued if at any time it becomes apparent that the relationship cannot be managed without potential harm/negative impact to:

  • Individuals, or
  • The functioning of the unit or the University.

If the management plan is declined or discontinued, the employee must refrain from participation in the relationship if they are to continue in their position. See EP45 (University Ethics Policy), Section 4.0 (Conflict of Interest). See also Section 5.0 (Reporting and Noncompliance) of this policy (BPPM 60.13).

HRS maintains the management plan in the official personnel file of the employee(s).

5.0  Reporting and Noncompliance

Supervisors, including department academic directors, chairs, directors, vice chancellors, and deans, are to promptly report possible violations of this policy within their units to HRS. Others are strongly encouraged to report possible violations to HRS. When a power imbalance exists, the conduct may in some cases constitute a violation of EP15 (Policy Prohibiting Discrimination and Harassment).

HRS consults with Compliance and Civil Rights (CCR) on matters implicating EP15, and CCR engages in formal grievance proceedings when warranted. If, during the course of any CCR investigation pursuant to EP15, it becomes apparent that a violation of this policy may have occurred, CCR has authority to investigate in consultation with HRS or may refer the potential violation of this policy to HRS.

Alleged violations of this policy, including an employee’s failure to promptly disclose their engagement in a relationship that violates this policy, are handled in accordance with the applicable employee manual, handbook, or rules and may result in corrective or disciplinary action. University employee manuals, handbooks, and rules include:

Students in positions of professional or academic authority who violate this policy may be subject to sanctions under the Standards of Conduct for Students (WAC 504-26).

6.0  Retaliation

Retaliation against any individual because that person has made a report or assisted with a report or investigation under this policy is prohibited and may constitute an independent basis for corrective or disciplinary action. Retaliation includes:

  • Threats;
  • Coercion; or
  • Any adverse action that impacts or is intended to impact the individual.

First amendment protected activities are not considered retaliation. (See EP15, Section 18.4.)

Retaliation is handled in accordance with the applicable employee manual, handbook, or rules, or the Standards of Conduct for Students, and may result in corrective or disciplinary action.

7.0  Resources and Related Policies

7.1    Resources

Questions or concerns regarding this policy, disclosures, or reports of noncompliance may be made to Human Resource Services; e-mail hrs@wsu.edu; telephone 509-335-4521.

7.2    Related Policies

_______________________
Revisions:  June 2024  (Rev. 629); June 2007 – new policy (EP28; EPM Rev. 26).