Subject IMPROPER
RELATIONSHIPS BETWEEN EMPLOYEES AND STUDENTS
Section HR
Part
Policy
Statement 20
Effective Date 3/21/01
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to Policies & Procedures
Policy
The University of North Carolina does not condone amorous
relationships between students and employees. Members of the University
community should avoid such liaisons, which can be harm affected students and
damage the integrity of the academic enterprise. Further, sexual
relationships between unmarried persons can result in criminal liability.
In two types of situations, University prohibition and punishment of amorous
relationships is deemed necessary: (1) When the employee is responsible for
evaluating or supervising the affected student. (2) When the student is a minor,
as defined by North Carolina law. The following policies shall apply to
all employees and students of the sixteen constituent institutions.
A. Prohibited Conduct
1.
It is misconduct, subject to disciplinary action, for a University employee,
incident to any instructional, research, administrative or other University
employment responsibility or authority, to evaluate or supervise any enrolled
student of the institution with whom he/she has an amorous relationship or to
whom he/she is related by blood, law or marriage.
2. It is misconduct, subject to disciplinary action, for a
University employee to engage in sexual activity with any enrolled student of
the institution, other than his/her spouse, who is a minor below the age of 18
years.
B. Definition of Terms
1. "Amorous relationship." An amorous
relationship exists when, without the benefit of marriage, two persons as
consenting partners (a) have a sexual union or (b) engage in a romantic
partnering or courtship that may or may not have been consummated sexually.
2. "Related by blood, law or marriage" means:
a. Parent and child
b. Brother and sister
c. Grandparent and grandchild
d. Aunt and/or uncle and niece and/or nephew
e. First cousins
f. Step-parent and step-child
g. Husband and wife
h. Parents-in-law and children-in-law
i. Brothers-in-law and sisters-in-law
j. Guardian and ward
3. "Evaluate or supervise"
means:
a. To assess, determine or influence (1) one's academic performance, progress or potential or (2) one's entitlement to or eligibility for any
institutionally conferred right, benefit or opportunity, or
b. To oversee, manage or direct one's academic or other institutionally
prescribed activities.
C. Corrective Action
Violations of the provisions of Section A shall be
addressed in accordance with remedial measures prescribed by each
constituent institution; if disciplinary action is brought against
as effected employee, it shall be conducted in accordance with
existing institutional policies and procedures prescribed for
prosecuting misconduct charges against members of the class of
employment which the affected employee is a member.
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