Ohio Administrative Code › Title 3364 - University of Toledo › Chapter 3364-25 - Benefit Policies; Employment › Section 3364-25-65 - Consensual romantic and/or sexual relationships

Current through all regulations passed and filed through July 1, 2024
(A) Policy statement
The university seeks to ensure that consensual romantic and/or
				sexual relationships between and among faculty, staff, students, residents,
				interns, and fellows do not interfere with the operations of the university or
				compliance with the law.
(B) Purpose
To explain the university's position on consensual romantic
				and/or sexual relationships among and between its faculty, staff, students,
				residents, interns, and fellows.
(C) Scope
This policy covers all university faculty, staff, students,
				residents, interns, and fellows.
(D) Policy
(1) Romantic and/or sexual relationships
			 between individuals in a supervisory, teaching, evaluation, advising, coaching,
			 or counseling relationship might constitute a conflict of interest.
			 Faculty/staff and other regular employment appointments within the university
			 of Toledo have an inherent institutional power which can differ in instances
			 involving students. The person in the position of higher institutional
			 authority has the responsibility to disclose and/or work with university
			 officials to eliminate any conflict of interest. The conflict of interest must
			 be eliminated in a way which minimizes potential for harming the person with
			 lower institutional authority.
(2)
			 If a faculty/staff member with higher institutional authority has supervisory
			 responsibility over a student and or staff with whom he or she is having or has
			 had a romantic and/or sexual relationship, the faculty/staff with higher
			 institutional authority must disclose in writing the relationship. Faculty
			 members must disclose, in writing, the relationship to the dean and
			 faculty labor relations and academic inclusion
			 office "FLRAIO." Staff members must disclose, in
			 writing, the relationship to the appropriate administrator at a higher level
			 (e.g., vice president, manager or director) and human resources.
(3) Once the faculty/staff with higher
			 institutional authority has disclosed the conflict the appropriate
			 administrative team shall determine if a conflict exists, and if so, develop a
			 written plan to eliminate the conflict. The plan must consider the needs of the
			 person with lower institutional power and if it is a student, it must preserve
			 and maintain the student's immediate and long-term educational opportunities,
			 ability to meet program requirements, and career progression. Final approval of
			 the plan is the responsibility of the non-supervisory administrators copied on
			 the disclosure. HR and FLRAIO a written record of
			 the approved conflict resolution plan must be kept and annually reported to the
			 title IX office.
(4) If a plan is
			 not approved or if the approved plan is rejected by the person with lower
			 institutional authority the romantic and/or sexual relationship must be
			 discontinued until supervisory responsibility no longer exists.
(5) When the facts establish that an
			 institutional power differential existed within the relationship and an
			 allegation of sexual harassment results, the university will closely scrutinize
			 a defense that the relationship was consensual.