2002 Policy Revision Re Consensual Relationships

Dear Stanford Students, Faculty & Staff,

This year, there is one particularly important modification to the university's policy on sexual harassment. That modification deals with consensual sexual or romantic relationships between individuals in inherently unequal positions, and is quoted below (in blue). It is important that everyone in the Stanford community be aware of this revision and act to comply with the policy.

This revision is important for three reasons. First, it highlights the risks that exist in consensual sexual or romantic relationships between individuals in inherently unequal positions such as teacher and student, supervisor and employee, etc.

Second, it sets forth certain rules that must be adhered to in such relationships, including the requirements that the person in the position of greater power must ensure that he or she does not exercise any supervisory or evaluative function over the other person in the relationship, and must provide certain notifications.

Third, it reaffirms the University's view that one particular category of such consensual sexual or romantic relationships - that between teachers and students -- is inconsistent with the proper role of the teacher and should be avoided. The University thus very strongly discourages such relationships.

I encourage you to take the time to read the revised portion of the policy below and also review the policy in full either in the newly revised booklet "Understanding Stanford's Policy on Sexual Harassment and Consensual Relationships" or at: http://harass.stanford.edu . You can also refer to the following article published in the Stanford Report last June for more background and information regarding the approval process: http://www.stanford.edu/dept/news/report/news/june12/harassment-612.html Please consult with the Sexual Harassment Policy Office at 723-1583 or harass@stanford.edu if you have any questions or concerns.

Sincerely,

LaDoris H. Cordell
Vice Provost & Special Counselor to the
President for Campus Relations

2002 POLICY REVISION RE CONSENSUAL RELATIONSHIPS

6. CONSENSUAL SEXUAL OR ROMANTIC RELATIONSHIPS

a.  In General - There are special risks in any sexual or romantic relationship between individuals in inherently unequal positions, and parties in such a relationship assume those risks. In the University context, such positions include (but are not limited to) teacher and student, supervisor and employee, senior faculty and junior faculty, mentor and trainee, adviser and advisee, teaching assistant and student, coach and athlete, and the individuals who supervise the day-to-day student living environment and student residents. Because of the potential for conflict of interest, exploitation, favoritism, and bias, such relationships may undermine the real or perceived integrity of the supervision and evaluation provided, and the trust inherent particularly in the teacher-student context. They may, moreover, be less consensual than the individual whose position confers power or authority believes. The relationship is likely to be perceived in different ways by each of the parties to it, especially in retrospect.

Moreover, such relationships may harm or injure others in the academic or work environment. Relationships in which one party is in a position to review the work or influence the career of the other may provide grounds for complaint by third parties when that relationship gives undue access or advantage, restricts opportunities, or creates a perception of these problems. Furthermore, circumstances may change, and conduct that was previously welcome may become unwelcome. Even when both parties have consented at the outset to a romantic involvement, this past consent does not remove grounds for a charge based upon subsequent unwelcome conduct.

Where such a relationship exists, the person in the position of greater authority or power will bear the primary burden of accountability, and must ensure that he or she - and this is particularly important for teachers - does not exercise any supervisory or evaluative function over the other person in the relationship. Where such recusal is required, the recusing party must also notify his or her supervisor, department chair or dean, so that such chair, dean or supervisor can exercise his or her responsibility to evaluate the adequacy of the alternative supervisory or evaluative arrangements to be put in place. Staff members may notify their local human resources officers. To reiterate, the responsibility for recusal and notification rests with the person in the position of greater authority or power. Failure to comply with these recusal and notification requirements is a violation of this policy, and therefore grounds for discipline.

b.  With Students - At a university, the role of the teacher is multifaceted, including serving as intellectual guide, counselor, mentor and advisor; the teacher's influence and authority extend far beyond the classroom. Consequently and as a general proposition, the University believes that a sexual or romantic relationship between a teacher and a student, even where consensual and whether or not the student would otherwise be subject to supervision or evaluation by the teacher, is inconsistent with the proper role of the teacher, and should be avoided. The University therefore very strongly discourages such relationships.