Improper Relations Regulation 616

I. Purpose

This regulation provides clear guidelines that enable faculty, staff, independent contractors, and students to distinguish between proper and improper relationships between students and employees.

II. Scope

This regulation applies to all UNCSA employees and students.

III. Definitions

A. An “Amorous Relationship” exists when, without benefit of marriage, two consenting partners have a sexual union or engage in a romantic relationship or courtship that may or may not have been consummated sexually.

B. “Appropriate Administrator” means the Provost, Vice Chancellor for Finance and Administration, or Dean of Students as appropriate in the context.

C. “Department Head” retains its usual meaning but also includes deans.

D. “Evaluate or Supervise” means to

1. to assess, determine or influence one’s academic performance, progress or potential;

2. to assess, determine or influence one’s entitlement to or eligibility for any institutionally conferred right, benefit or opportunity; OR

3. to oversee, manage or direct one’s academic or other institutionally proscribed activities.

E. “Related by Blood, Law or Marriage” means:

1. Parent and child;

2. Brother and sister;

3. Grandparent and grandchild;

4. Aunt and/or uncle and niece and/or nephew;

5. First cousins;

6. Stepparent and stepchild;

7. Husband and wife;

8. Parents-in-law and children-in-law;

9. Brothers-in-law and sisters-in-law;

10. Guardian and ward;

IV. Regulation

A. Prohibited Conduct

1. Incident to any instructional, research, administrative or other UNCSA employment responsibility or authority, no employee may evaluate or supervise any enrolled student to whom he or she is related by blood, law, marriage, or with who he or she has an amorous relationship.

2. No UNCSA employee or independent contractor may engage in sexual activity with any enrolled UNCSA student unless married to that student, or the couple can demonstrate that their amorous relationship predated employment or retention of services, and enrollment of the student.

B. If the potential for a possible conflict of interest, a conflict of interests, or the appearance of a conflict of interest arises, the employee is required to disclose the possibility of a potential conflict to his or her immediate supervisor. The supervisor and the employee will work to resolve the situation and eliminate any potential conflict of interest.

C. Filing false or malicious reports of violations of this regulation are prohibited.

D. All investigations must be conducted in a confidential nature, to the extent permitted by law.

E. Individuals may not retaliate against another for reporting regulation violations and/or participating in an investigation.

F. Violations

Violations of this policy may subject both students and employees disciplinary action (up to and including suspension and termination) pursuant to the applicable disciplinary procedures.

1. If the person to be disciplined is an employee (other than a department head), the appropriate department head or administrator shall determine the appropriate discipline in consultation with the Associate Vice Chancellor and Chief Human Resources Officer and the General Counsel, and by the Dean of Students and the General Counsel (for students).

2. If the person to be disciplined is a department head, the Provost and Chief Operating officer will jointly decide discipline in consultation with the Associate Vice Chancellor and Chief Human Resources Officer and the General Counsel.

3. If the person to be disciplined is a student, the Dean of Students shall determine the appropriate discipline in consultation with the Provost and General Counsel.

V. Revision History

A. February 17, 2011 – Adopted by Board of Trustees as part of UNCSA Policy Manual

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UNIVERSITY OF NORTH CAROLINA SCHOOL OF THE ARTS

Improper Relations Procedures

Procedure 616

I. Investigatory Procedures

A. Because of the sensitive nature of such relationships, reasonable effort should be taken to resolve a policy violation in an informal and expedited manner whenever possible.

B. If a formal investigation is authorized, the appropriate administrator will designate an investigator(s). The investigator(s) may not be the direct supervisor of the reporting individual or of the employee named in the complaint.

C. The investigator(s) should:

1. interview all persons believed to have pertinent factual knowledge;

2. review any relevant documents, AND

3. prepare a report of findings, which is a confidential personnel record.

D. Human Resources will serve as a consultant to the process to ensure consistency of treatment. The report shall be submitted to the department head and appropriate administrator.

E. All related documentation should be forwarded as soon as possible following resolution to Human Resources for retention.

F. UNCSA will make reasonable efforts to investigate the alleged regulation violation and to address any concerns in a timely manner (generally within thirty (30) calendar days of receiving the complaint). The investigator should advise General Counsel and Associate Vice Chancellor and Chief Human Resources Officer (through status reports) when an investigation and/or resolution will take longer than thirty (30) calendar days.