The UNC Policy Manual
300.4.1
Adopted 04/18/24
Policy on Interpersonal
Relationships among Faculty, Staff, and Students
I. Purpose.
It is the policy of the University that current and prospective faculty,
staff, and students shall be selected, evaluated, and supervised on the basis
of individual merit and without reference to any other factors unrelated to
professional qualifications and performance. Toward that end, the following
shall apply to all faculty, staff, and students within the UNC System to
address interpersonal relationships that may unduly affect the academic career
of students or the employment of faculty, staff, or students. While this policy sets out the minimum standards for
addressing and managing such relationships, constituent institutions are
permitted to adopt policies that contain such additional restrictions as they
deem necessary to the extent allowed by law.[1]
II. Definitions
A. “Evaluate or supervise”
means to assess, determine, or influence an individual’s academic or
professional performance, progress, or potential, or their entitlement to or eligibility
for any institutionally conferred right, benefit, or opportunity; or, to oversee,
manage, or direct the individual’s academic, professional, or other institutionally
prescribed activities.
B. “Related persons” means anyone whose relationship is so closely identified with another
person in either an academic or employment setting that the relationship
suggests a conflict of interest. “Related person” includes:
1. Spouse or Domestic Partner
2. Parent or Child
3. Grandparent or Grandchild
4. Sibling
6. Guardian or Ward
7. Aunt/Uncle and Niece/Nephew
8. First Cousins
The
prohibited conduct in this policy applicable to related persons shall continue
after the termination of the relationship (e.g., divorce) until such time as the
constituent institution determines that there is no effect upon, or perception
of, impartiality.
C. “Romantic relationship”
means a relationship not identified as marriage or domestic partnership where
the parties involved are consenting adults in a sexual or in a romantic (or intimate)
relationship, regardless of whether or not the relationship has been consummated
sexually.
D. “Employment decision”
means a decision regarding the search, selection, or appointment of an
individual to employment; establishing the terms and conditions of employment
or benefits; determining job classification/compensation or benefits of
employment; evaluating work performance; voting or otherwise participating in
processes for reappointment, promotion, tenure, or post-tenure review; issuing
disciplinary action; or any other action that assesses, determines, or
influences an individual’s work performance or career progress (e.g., work
assignments, allocation of space, etc.).
III. Prohibited Conduct
A.
Improper Relationships with Students. At a
minimum, constituent institution policies must ensure that:
1.
University employees are prohibited from
evaluating or supervising, either directly or indirectly, any enrolled student
of the institution with whom they have or had a romantic relationship or any
enrolled student of the institution who is a related person as defined in this
policy.
2.
University employees are prohibited from
engaging in a romantic relationship with any enrolled student of the
institution, other than his or her spouse, who is a minor under the age of eighteen.[2]
B.
Employment Decisions. At a minimum, constituent
institution policies must ensure that:
1.
An employee may not supervise, evaluate, or have
authority for employment decisions over a person with whom they have or had a
romantic relationship or who is a related person as defined in this policy. The
prohibited conduct in this policy applicable to related persons shall continue
after the termination of the relationship (e.g., divorce) until such time as
the constituent institution determines that there is no effect upon, or
perception of, impartiality.
2.
With respect to proposed employment decisions
that would result in the concurrent service of related persons within the same academic
department or employing unit, a person related to an incumbent employee may not
be employed if the professional qualifications of other candidates for the
available position are demonstrably superior to those of the related person or
persons involved in a romantic relationship as defined in this policy.
3.
With respect to the concurrent service within
the same academic department or employing unit at a constituent institution involving
related persons or individuals who have had or have a romantic relationship,
neither related person or individual shall be permitted individually or as a
member of a committee to participate in or otherwise influence an employment
decision for the other related person or individual person (including
promotion, job classification/compensation, tenure, reappointment, and post
tenure review). The prohibited conduct in this policy applicable to related
persons shall continue after the termination of the relationship (e.g., divorce)
until such time as the constituent institution determines that there is no
effect upon, or perception of, impartiality.
4.
It shall also be a violation of the constituent
institution policy for an employee to influence or attempt to influence those
involved in employment decisions regarding the related person or persons
involved in a romantic relationship as defined in this policy.
IV. Procedures, Remedies, and Reporting
A.
Constituent institutions must establish
procedures for identifying, addressing, and managing interpersonal
relationships in the selection, evaluation, and supervision of students,
faculty, and staff when such situations are unavoidable (e.g., faculty member
promoted into a position that would oversee faculty member’s spouse; related
person teaches the only section of a course required for a student’s degree,
etc.). Appropriate processes may include, but are not limited to, the
development, implementation, and monitoring of conflict management plans to
address the conflict (e.g., reassignment of supervision, advising, grading/assessing,
or other such decision-making authority over the subordinate individual, etc.).
B.
An employee shall disclose all actual or
potential conflicts of interest created by a romantic or familial relationship as
defined in this policy to their employer. Constituent Institution policies shall
define a procedure for such disclosures of any actual or potential conflicts of
interest in order to avoid a potential violation of this policy.
C. Remedies for any prohibited conduct
may include, but are not limited to, discipline, discharge, or related
corrective action dependent upon the nature and circumstances of the violation.
D. Each chancellor, or their designee, shall report annually to their
board of trustees concerning all specific cases during the preceding year in
which violations of this policy were identified and how they were addressed.
V. Related Policy Considerations
These prohibitions
addressed by this policy are not intended to address other academic and
employment situations regarding unlawful or
prohibited harassment and discrimination under applicable
constituent institution or University policy or regulation.
VI. Other
Matters.
A. Effective Date. The
provisions of this policy shall be applicable prospectively only, with
reference to appointments made or conflicts that arise after the adoption date
of the policy.
B. Relation to State Laws. This
policy is meant to supplement,
and does not purport to supplant or modify, those statutory enactments,
regulations, and policies which may govern the activities of public officials.
C.
Regulations and
Guidelines. This policy shall be implemented and applied in accordance with
such regulations and guidelines as may be adopted by the president.
*Supersedes and replaces the prior UNC Policy
300.4.1, “Improper Relationships Between Students and Employees” and supersedes
and replaces UNC Policy 300.4.2, “Employment of Related Persons”, combining the
two prior policies into one comprehensive policy on Interpersonal Relationships
among Faculty, Staff, and Students.
[1]
With respect to University employees who are
subject to the North Carolina Human Resources Act, applicable restrictions
concerning the concurrent service of related persons shall be those adopted by
the Office of State Human Resources.
[2]
At the
North Carolina School of Science and Mathematics, and the University of North
Carolina School of the Arts, it is prohibited conduct for any employee to engage
in a romantic relationship or in sexual activity with any enrolled student, except
their spouse or domestic partner.