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Handbook of Operating Procedures
Chapter 9 - General Provisions
Previous Publication Date: February 18, 2016
Publication Date: October 2, 2024
Policy Reviewed Date: October 2, 2024
Policy Owner: President


9.04 Consensual Relationships


I. POLICY STATEMENT


  1. The University of Texas at San Antonio ("University") is committed to maintaining an academic community (including associated teaching, research, working and athletic environments) free from conflicts of interest, favoritism, and exploitation. This policy addresses romantic relationships and/or sexual interactions that, although consensual, may create actual and perceived conflicts of interests, and create the possibility for exploitation or favoritism.
  2. Except as expressly permitted herein, Consensual Rrelationships between the following are prohibited:
    1. Employees or University Persons of Interest ("POIs") and any undergraduate student;
    2. Employees or POIs and any graduate student whom that individual teaches, manages, supervises, advises, or evaluates in any way;
    3. intercollegiate athletics coaches, POIs, or athletics employees and Student-Athletes;
    4. Student Employees and any student whom that Student Employee teaches, manages, supervises, advises, or evaluates in any way; and
    5. Employees and/or POIs where one teaches, manages, supervises, advises, or evaluates the other in any way, unless the person in the position of greater authority or power notifies appropriate University offices and a Management Plan (as defined below) is in place.

II. RATIONALE


The University recognizes that consenting individuals associated with the University should be free to enter into personal relationships of their choice. At the same time, such relationships must not put at risk the fundamental interest of every member of the University community to participate in university activities free from conflicts of interests, favoritism, and/or exploitation. Romantic relationships between certain categories of individuals risks undermining the essential educational purpose of the University and can disrupt the workplace and learning environment.


III. SCOPE


This policy applies to all University employees, Student Employees, students, and POIs.

IV. WEBSITE ADDRESS FOR THIS POLICY


http://www.utsa.edu/hop/chapter9/9.04.html


V. RELATED STATUTES, POLICIES, REQUIREMENTS OR STANDARDS


  1. UTSA or University of Texas System Policies or the Board of Regents' Rules & Regulation
    1. HOP 4.03 Appointment of Relatives (Nepotism)
    2. HOP 9.24 Prohibition of Sexual Assault, Interpersonal Violence, Stalking, Sexual Harassment, and Sex Discrimination
    3. UTS 184 Consensual Relationships
    4. UTS131 Protection from Retaliation for Reporting Suspected Wrongdoing
    5. UT Regents Rules and Regulations, Rule 30105 Sexual Harassment, Sexual Misconduct, and Consensual Relationships

VI. CONTACTS


If you have any questions about HOP 9.04, Consensual Relationships, please contact the following office:

  1. Office of Equal Opportunity Services/Title IX Coordinator
    Phone: 210-458-6587
    Website: https://www.utsa.edu/eos/
  2. People Excellence
    Phone: 210-458-4250
    Website: People Excellence HR Business Partners
  3. Office of Institutional Compliance and Risk Services
    Phone: 210-458-4992
    Website: https://www.utsa.edu/compliance-and-risk-services/
  4. Student Affairs, Student Conduct and Community Standards
    Phone: 210-458-4720
    Website:  https://www.utsa.edu/students/conduct/reporting-options/

VII. DEFINITIONS


  1. Coach: Any person serving in the capacity as an Intercollegiate Athletics head coach, associate head coach, assistant coach, graduate assistant coach, coaching intern, volunteer coach, or any individual exercising coaching responsibilities.
  2. Consensual Relationship: A romantic relationship and/or sexual interaction agreed to by the involved parties.
  3. Employee: Except asspecifically stated herein, employee includes all faculty, staff, and any employee positions requiring student status.
  4. Management Plan: A written plan that mitigates the conflict of interest and the potential for exploitation or the appearance of exploitation or favoritism created by the Consensual Relationship and is acknowledged and signed by the parties involved.
  5. Student-Athlete: Any student who is currently participating as a member of an intercollegiate varsity sport sponsored by the University.
  6. Supervisee: Any individual whose terms and conditions of employment, student, Student-Athlete, or POI status are controlled or affected by a Supervisor, as defined by this policy.
  7. Supervisor: An Employee, student, or POI who:
    1. Teaches, manages, supervises, advises, coaches, or evaluates in any way other employees, students, student- athletes, or POIs; and/or
    2. Has a position of power, control, or the ability to influence decisions with regard to other individuals in the learning, intercollegiate athletics, or working environment of the University.
  8. Student Employee:  A Student Employee as defined more fully in HOP 4.09 “Student Employees.”
  9. University Person of Interest (POI):  A Person of Interest (POI) is an individual doing business with the University who is not an Employee of the University. This may include, but are not limited to:  
    1. employees of contractors and/or vendors engaged to provide services to the University;
    2. health care providers retained by the University to provide medical services to students/staff;
    3. visiting scholars, visiting researchers, visiting students, volunteers, prospective employees, independent contractors, etc.

VIII. RESPONSIBILITIES


None

IX. PROCEDURES


  1. Prohibited Consensual Relationships
    1. The following Consensual Relationships, even if a single interaction, cannot be mitigated by a Management Plan and are prohibited.
      1. Consensual Relationships between any Employee or POI of the University and any student currently enrolled as an undergraduate at the University . *
        1. *Note: "Employee"; as used in Section IX.A.1.1.1 does not include Student Employees
      2. Consensual Relationships between any Employee or POI of the University and any graduate student whom they teach, manage, supervise, advise, or evaluate in any way.
      3. Consensual Relationships between Intercollegiate Athletics coaches, Employees, or POIs, and any Student-Athlete or student assigned to or associated with Intercollegiate Athletics, such as interns and Student Employees.
        1. *Note: "Employee" as used in Section IX.A.1.1.3 does not include Student Employees
      4. Consensual Relationships between any Student Employee and any student whom they teach, manage, supervise, advise, or evaluate in any way.
  2. Reporting Requirements
    1. The University prohibits Consensual Relationships between Employees and/or POIs where one teaches, manages, supervises, advises, or evaluates the other in any way unless an approved Management Plan is in place.
    2. In the event a Consensual Relationship exists between Employees and/or POIs, the following steps must immediately be followed by the person in the position of greater authority or power:
      1. Report any new or existing Consensual Relationship to the appropriate Dean, Vice Provost or Vice President, through their Supervisor, and People Excellence.
      2. Cooperate in the development of a Management Plan designed to reduce or eliminate the conflict of interest and the potential for exploitation or the appearance of exploitation or favoritism
    3. If a Consensual Relationship exists between Employees and/or POIs of the University and one of those Employees and/or POIs is presented with the opportunity to teach, manage, supervise, advise, or evaluate the other in any way, the existing relationship must be reported by the individual in the position of greater authority or power, as outlined above, as soon as possible and prior to the individual accepting the role.
    4. Departments and offices that receive reports of Consensual Relationships as outlined in this policy must notify People Excellence, as well as the appropriate VP, Dean, or Vice Provost as applicable.
  3. Management Plan
    1. If the Consensual Relationship can be successfully mitigated and managed, a written Management Plan will be promptly completed by the appropriate approval authorities, in conjunction with People Excellence.
    2. If the Consensual Relationship cannot be successfully mitigated and managed, then the Consensual Relationship is prohibited.
    3. The Management Plan will:
      1. Provide an alternative means for managing, supervising, teaching, evaluating and/or advising of the supervisee or otherwise mitigate the conflict;
      2. Give priority to the interest of the Supervisee;
      3. Be in writing and signed by both parties to the Consensual Relationship, the direct Supervisor(s) and the appropriate Dean, Vice Provost and/or Vice President;
      4. Provide notice of HOP 9.24 – Sexual Harassment and Sexual Misconduct; and
      5. Be reassessed on an annual basis (or sooner if circumstances warrant).
  4. Exemptions
    1. Exemptions to any of these provisions will be considered on a case-by-case basis and must be approved by the President or their designee. 
    2. This policy is not intended to apply to marriage relationships. Refer to HOP 4.03 – Appointment of Relatives (Nepotism), for information concerning these types of relationships.
  5. Reporting Alleged Violations
    1. An Employee or POI who is notified, or becomes aware of, an alleged violation of this policy has an obligation to report it promptly.
  6. Investigation
    1. Alleged violations of this policy, including concerns of conflicts of interests, favoritism, and/or exploitation will be investigated by EOS.
  7. Safe Harbor
    1. If a person in a Consensual Relationship described in Section IX.B who is in the position of greater authority or power immediately notifies appropriate University offices of the development of a Consensual Relationship covered by this policy and cooperates to mitigate the effects of the Consensual Relationship, then a conduct/discipline investigation will not be pursued.
    2. Unreported Consensual Relationships will be considered more severe violations of this policy.
    3. This safe harbor provision only applies to potential violations of this policy.  It does not apply to potential violations of HOP 9.24 – Sexual Harassment and Sexual Misconduct, or any other UTSA HOP policy.

X. SPECIAL INSTRUCTIONS FOR INITIAL IMPLEMENTATION


None


XI. FORMS AND TOOLS/ONLINE PROCESSES


  1. The Equal Opportunity Services and Title IX Office: File a Complaint with EOS
  2. Institutional Compliance and Risk Services: Compliance Hotline
  3. For a management plan template, please contact your HR Business Partner: hrbp@utsa.edu
  4. Student Support Resources
  5. Employee Support Resources

XII. APPENDIX


None


XIII. Dates Approved/Amended


10-02-2024
02-18-2016