Unequal Consensual Relationship Policy

(effective 6/1/10)

Purpose:
To define and respond to romantic or sexual relationships between individuals in unequal positions.

Scope:
Lesley University Community

Policy Statement:

Lesley University expressly prohibits romantic or sexual relationships between any individuals when one of those individuals has an educational, advisory, supervisory, or managerial responsibility over the other. Lesley University expressly prohibits romantic or sexual relationships between a faculty member and a student being evaluated by that faculty member as well as a manager and staff member in the same direct reporting line. Lesley will investigate any report of an unequal consensual relationship. Moreover, Lesley does not condone any form of retaliation against any person who brings a complaint about an unequal consensual relationship or against anyone who cooperates in a complaint investigation.

Definition of Unequal Positions:
At Lesley University such positions include, but are not limited to, faculty and student, teaching assistant and student, vendor and student, contractor and student, adviser and advisee, individuals participating with students on trips and excursions, coach and athlete, individuals who supervise the daily student living environment and student residents, and manager and employee.

Discussion with Illustrations:
For the purposes of this policy, the examples that follow are provided as a guide and are not intended to be all inclusive or exhaustive illustrations in the application of this policy:

• If a faculty member and a student in the faculty member's class are attracted to one another, the two people are advised to avoid a romantic or sexual relationship as long as the faculty member has responsibility over the student and as long as the student is taking classes in the Division. If the relationship is not avoided the two people must disclose their relationship to the Dean and to the Director of Equal Opportunity and Inclusion or the Director of Human Resources. The student must drop the course and take an incomplete grade. Failure to comply with this disclosure requirement is a violation of this policy and grounds for appropriate discipline.
• In situations where two employees in a direct reporting line become romantically or sexually involved, both parties are required to disclose the relationship to their manager and to the Director of Equal Opportunity and Inclusion or the Director of Human Resources so that the reporting relationship may be changed in the next thirty (30) days to a different supervisory line. Failure to comply with this disclosure requirement is a violation of this policy and grounds for appropriate discipline.

Reporting an Incident:
Complaints about unequal consensual relationships may be done in writing or orally and can be made to anyone in a managerial position (e.g. Chair, Assistant Dean, Associate Dean, Dean, Division Director, Department Head, Director, or Vice President) or specifically to the Director of Equal Opportunity and Inclusion, the Director of Human Resources, or the Dean of Student Life and Academic Development.

Managers Responsibility:
Any manager who witnesses an unequal consensual relationship or receives a complaint must immediately contact any of the following University officers:

• Dr. Barbara J. Addison Reid
  Director of Equal Opportunity and Inclusion
  29 Everett Street
  Cambridge MA 02138
  617.349.8507
  Email: baddison@lesley.edu
  Email: equalopportunity@lesley.edu
• Ms. Jane Joyce
  Director of Human Resources
  29 Everett Street
  Cambridge MA 02138
  617.349.8785
  Email: ajoyce3@lesley.edu
• Dr. Nathaniel Mays
  Dean of Student Life and Academic Development
  29 Everett Street
  Cambridge MA 02138
  617.349.8538
  Email: nmays@lesley.edu

Employees and students may directly contact one of the University Officers listed above. These Officers were selected in order to provide all members of the Lesley community the opportunity to initiate a complaint in a place in which they feel comfortable doing so.

Whenever Lesley receives a complaint we are obligated by law to investigate the matter. Should a manager become aware of an unequal consensual relationship and fail to report the information to one of the University officers listed above, under Massachusetts law the manager becomes complicit in the act and assumes personal liability just as if he/she were the perpetrator. Such behavior may be subject to disciplinary action, up to and including dismissal from employment at the University.

When the Director of Equal Opportunity and Inclusion, the Director of Human Resources, and the Dean of Student Life and Academic Development receive a complaint, the information is shared among the three University Officers.

If the complaint is against one of the three designated university officers listed in this policy, the complaint may be initiated with one of the other officers listed or the President.

Employees and Students Responsibility:
Everyone at Lesley University has the responsibility to assure that romantic or sexual relationships between individuals in unequal positions are not common practice in our environment and everyone feels safe. In these kinds of relationships there are potential conflicts of interest, exploitation, favoritism, and bias. Furthermore, the relationship may be less consensual and perceived in a different way by each of the parties to it, especially in retrospect.

At Lesley University such positions include, but are not limited to, teacher and student, teaching assistant and student, vendor and student, contractor and student, adviser and advisee, individuals participating with students on trips and excursions, coach and athlete, individuals who supervise the daily student living environment and student residents, and manager and employee.

We are expected to avoid any behavior or conduct that could reasonably be interpreted as romantic or a sexual relationship under these circumstances, and must report any such observations of that kind of conduct. If you feel that you have been the victim of such behavior, you must report it to any of the designated officials listed above and/or your manager.

Investigation of Complaints:
When Lesley University receives a report about an unequal consensual romantic or sexual relationship, it promptly investigates the allegations in a fair and expeditious manner in accordance with Lesley's procedures.

Protection Against Retaliation:
Retaliation is unlawful. Lesley University does not allow any form of retaliatory behavior against any faculty, student, or staff member who in good faith exercises his/her rights and reports unwelcome conduct to Lesley managers or who cooperates in the investigation of such reports, pursuant to Lesley's Unequal Consensual Relationship Policy.

Any student found to be engaging in retaliation will be subject to disciplinary action, up to and including expulsion.

Any employee found to be engaging in retaliation will be subject to disciplinary action, up to and including dismissal from employment at Lesley University.

Confidentiality:
Every reasonable effort will be made to protect the privacy and confidences of all parties during the investigation without compromising the thoroughness of the investigation, consistent with and subject to the University's need to investigate the complaint and/or implement any disciplinary action.

Disciplinary Action:
Every report of an unequal consensual romantic or sexual relationship is fully investigated and corrective action is taken where appropriate.

If a report is made and is justified and if employees are found to be complicit in failing to declare the romantic or sexual relationship to the manager and the Director of Equal Opportunity and Inclusion or the Director of Human Resources, the employees may be subject to disciplinary action, up to and including dismissal from employment at Lesley.

If a report is made and is justified and if a student is found to be complicit in failing to declare the romantic or sexual relationship to the Dean and Director of Equal Opportunity and Inclusion or the Director of Human Resources, the student may be subject to disciplinary action, up to and including expulsion from Lesley.

Duty of Good Faith:
Lesley University prohibits any member of the Lesley community from knowingly or recklessly bringing a false complaint of institutionally sanctionable conduct against another member of the Lesley community. Any such action can lead to disciplinary action, up to and including expulsion or dismissal from employment.

Lesley University is an equal opportunity, affirmative action educator and employer. The foregoing Unequal Consensual Relationship Policy is designed to enhance access to and understanding of Lesley's policies and is not intended to create a contract between Lesley and its employees or other persons. Lesley reserves the right to amend or revoke its policies at any time without notice.

__________________________________________

Joseph B. Moore Date

President

Approved by: The President and his Cabinet

History:

• Issued – June 1, 2009
• Revised – January 15, 2010

Responsible Official: Director of Equal Opportunity and Inclusion