| SEXUAL HARASSMENT POLICY
APPENDIX A: UW-STOUT STATEMENT ON CONSENSUAL RELATIONSHIPS
1.0 RATIONALE
Codes of ethics for most professional associations forbid professional-client
sexual relationships; the relationships of instructor to student and supervisor
to employee should also uphold this concept. Professionalism is fostered
by an atmosphere of respect and trust and is undermined when those in positions
of authority abuse, or appear to abuse, their power.
1.1 Ethical Considerations
(a) The respect and trust accorded an instructor/supervisor by
a student/employee, as well as the power exercised by the instructor/supervisor
in giving praise or blame, conducting evaluations, or making recommendations
for further study or future employment greatly diminish the student's or
employee's actual freedom of choice concerning an amorous or sexual relationship.
Voluntary consent by the student/employee in such a relationship is suspect,
given the fundamentally asymmetric nature of the relationship.
(b) A romantic or sexual relationship between instructor/supervisor
and student/employee may also have an adverse effect on other students
and employees because it places the instructor/supervisor in a position
to favor or advance one individual's interest at the expense of others
and implicitly makes obtaining benefits contingent on amorous or sexual
favors.
(c) An intimate relationship with an individual, combined with a responsibility
for evaluation of such individual, creates a conflict of interest. In such
situations, an instructor/supervisor in the relationship must be careful
to distance himself or herself from any decisions that may reward or penalize
the student or employee involved. Failure to do so will be deemed to be
a violation of the instructor's/supervisor's member's ethical obligation
to the individual involved, to other students/employees, to colleagues,
and to the university.
1.2. Implications for the Individual
All instructors, supervisors, and other employees should, therefore,
understand that there are substantial risks in even an apparently consenting
relationship where a power differential exists. Even when both parties
have initially consented to an amorous, romantic, or sexual relationship,
charges of sexual harassment may subsequently develop. In each instance,
it is the instructor, supervisor, or other employee who, by virtue of his
or her special power and responsibility, bears a greater burden of accountability.
In addition, supervisors should be aware that s. UWS 8.03(3) and s.
ER-Pers 24.04(f), Wisconsin Administrative Code, prohibit giving preferential
treatment in employment situations to "immediate family" members. "Immediate
family" is defined to include relationships of the kind described in this
consensual relationships statement.
2.0 DEFINITION OF CONSENSUAL RELATIONSHIPS
Consenting romantic and sexual relationships addressed by this statement
are those between instructor (meaning all who teach at the university--faculty
members, academic staff, graduate students with teaching or tutorial responsibilities,
and other instructional personnel)--and student (meaning any person studying
with the instructor); between supervisor (meaning any person in a position
of authority over another--to hire and fire, to grant raises and oversee
task performance) and employee (meaning any person working for the supervisor);
and between employee and student (where there is an instructional or an
employment relationship between them).
3.0 STATEMENT
3.1 Consensual Relationships in the Instructional/Supervisory
Context
Such relationships have the potential for extremely serious consequences
and are, therefore, especially discouraged.
3.2 Consensual Relationships currently outside the Instructional/Supervisory
Context.
Such relationships may also lead to difficulties and are, therefore,
also discouraged. In particular, when the parties are in the same
academic or work unit or in units that are closely related, relationships
that the parties view as consensual may appear to others to be exploitive.
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