UC Santa Cruz Title IX/Sexual Harassment Office

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Faculty Student Consensual Relations

Additions to APM - 015, Faculty-Student Relations

Two new sections added to Academic Personnel Policy 015 (Faculty Code of Conduct (Code) Part II.A) make it a violation of the Code for a faculty member to engage in a romantic or sexual relationship with a student for whom he or she has academic responsibility or should expect to have such responsibility.

The amendment was adopted by the UC Privilege & Tenure Committee and endorsed unanimously by the Academic Council during winter 2003. In the spring of 2003 the amendment was adopted by the UC Board of Regents and approved by the President.

The Faculty Code of Conduct applies to all Senate and non-exclusively represented, non-Senate faculty members. In addition, Part II, Section A, "Teaching and Students" of the Code, including these two new sections, also applies to Unit 18 non-Senate faculty (e.g., Lecturers) pursuant to Article 3 - Academic Responsibility, of the newly ratified UC/UC-AFT Memorandum of Understanding.

Article 3 of the Memorandum of Understanding is available online at:http://atyourservice.ucop.edu/employees/policies/systemwide_contracts/nsi/article03.pdf, and is currently being revised to reflect the inclusion of these two new sections.

The Faculty Code of Conduct may be found online at: http://www.ucop.edu/acadadv/acadpers/apm/apm-015.pdf .

The amendment in the Code states:

Part II - Professional Responsibilities, Ethical Principles, and Unacceptable Faculty Conduct

A. Teaching and Students

…(New section) The integrity of the faculty-student relationship is the foundation of the University's educational mission. This relationship vests considerable trust in the faculty member, who, in turn, bears authority and accountability as mentor, educator, and evaluator. The unequal institutional power inherent in this relationship heightens the vulnerability of the student and the potential for coercion. The pedagogical relationship between faculty member and student must be protected from influences or activities that can interfere with learning consistent with the goals and ideals of the University. Whenever a faculty member is responsible for academic supervision of a student, a personal relationship between them of a romantic or sexual nature, even if consensual, is inappropriate. Any such relationship jeopardizes the integrity of the educational process.

In this section, the term student refers to all individuals under the academic supervision of faculty.

Types of unacceptable conduct:(New sections)

6. Entering into a romantic or sexual relationship with any student for whom a faculty member has, or should reasonably expect to have in the future, academic responsibility (instructional, evaluative, or supervisory).

7. Exercising academic responsibility (instructional, evaluative, or supervisory) for any student with whom a faculty member has a romantic or sexual relationship.

The footnote found in the Code in section six (6) states: A faculty member should reasonably expect to have in the future academic responsibility (instructional, evaluative, or supervisory) for (1) students whose academic program will require them to enroll in a course taught by the faculty member, (2) students known to the faculty member to have an interest in an academic area within the faculty member's academic expertise, or (3) any student for whom a faculty member must have academic responsibility (instructional, evaluative, or supervisory) in the pursuit of a degree.

In addition, the report by the Academic Council on the amendment (available online at: http://www.universityofcalifornia.edu/senate/assembly/may2003/may2003viia5.pdf) gives examples of when a faculty member "should reasonably expect to have (academic responsibility over a student) in the future…" Those examples include faculty teaching a course required of all majors, all graduate or undergraduate students in the major, all graduate students in the department, and faculty who are specialists in an area known to the faculty member to be of interest to the student.

Contact Tracey Tsugawa , Title IX Officer: 105 Kerr Hall . email: ttsugawa@ucsc.edu . phone 831.459.2462