CONSENSUAL RELATIONSHIPS

The relationship between teacher and student is central to the academic mission of the University. No non-academic or personal ties should be allowed to interfere with the integrity of the teacher-student relationship. Consensual sexual relations between teacher and student can adversely affect the academic enterprise, distorting judgments or appearing to do so in the minds of others, and provide incentives or disincentives for student-faculty contact that are equally inappropriate.

For these reasons, the University's policy prohibits sexual relations between a teacher and a student during the period of the teacher/student relationship. The prohibition extends to sexual relations between a graduate or professional student and an undergraduate, when the graduate or professional student has some supervisory academic responsibility for the undergraduate, to sexual relations between Department Chairs and students in that department, and to sexual relations between graduate group chairs and students in that graduate group. In addition, it includes sexual relations between academic advisors, program directors, and all others that have supervisory academic responsibility for a student, and that student. Teachers and academic supervisors in a sexual or romantic relationship with a student may not evaluate or supervise the student. Nor should a teacher or academic supervisor involved in a sexual or romantic relationship with a student evaluate comparable students where such evaluation could give rise to an apparent or actual conflict of interest.

The Provost, Deans, Department Chairs, and other administrators must respond to reports of prohibited sexual relations that are brought to them by inquiring further, and if such reports appear to be accurate, initiating appropriate disciplinary action or remedial measures against the teacher or supervisor involved.

University policy also strongly discourages any sexual relations between faculty or staff and undergraduates.

The foregoing principles also apply to sexual or romantic relationships between a supervisor and supervisee on the staff of the University. Even when both parties have consented to the relationship, serious concerns may be raised about the validity of the consent, a conflict of interest, and/or unfair treatment of others. In addition, the University of Pennsylvania's Policy on Employment of Members of the Same Family specifically states that faculty and staff members are not permitted to participate or influence in any way hiring, promotion, termination, salary, performance evaluations, or vital decisions concerning the employment of a member of his/her family. The same issues may pertain to romantic or sexual relationships between supervisors and subordinates. Such relationships therefore must be disclosed to an appropriate manager so that arrangements can be made for objective evaluations and decision making.

SEXUAL HARASSMENT - PERCEPTION VS. INTENT

The relationship between teacher and student is central to the academic mission of the University. No non-academic or personal ties should be allowed to interfere with the integrity of the teacher-student relationship. Consensual sexual relations between teacher and student can adversely affect the academic enterprise, distorting judgements or appearing to do so in the minds of others, and providing incentives or disincentives for student-faculty contact that are equally inappropriate.

For these reasons, any sexual relations between a teacher and a student during the period o the teacher/student relationship are prohibited. The prohibition extends to sexual relations between a graduate or professional student and an undergraduate, when the graduate or professional student has some supervisory academic responsibility for the undergraduate to sexual relations between department chairs and students in that department and to sexual relations between graduate group chairs and students in that graduate group. In addition, it includes sexual relations between academic advisors, program directors, and all others that have supervisory academic responsibility for a student, and that student. Teachers and academic supervisors who are sexually involved with students must decline to participate in any evaluative or supervisory academic activity with respect to those students.

The Provost, Deans, department chairs, and other administrators should respond to reports of prohibited sexual relations that are brought to them by inquiring further, and if such reports appear to be accurate, initiating appropriate disciplinary action or remedial measures against the teacher or supervisor involved.

This policy supplements the University's policy on Sexual Harassment. In addition, although this policy prohibits consensual sexual relations only between teacher/supervisor and that individual's student, the University strongly discourages any sexual relations between members of the faculty (or administration) and undergraduates.

These principles also apply to sexual or romantic relationships between a supervisor and subordinate on the staff of the University. Even when both parties have consented to the development of the relationship, serious concerns may be raised about the validity of the consent, conflict of interest, and/or unfair treatment of others. Acquiescence to requests for sexual favors - or even voluntary participation in sexual activities - does not necessarily mean that the favors or activities were welcomed.

The University of Pennsylvania's Policy on Employment of Members of the Same Family specifically states that Faculty and Staff members are not permitted to participate or influence in any way hiring, promotion, termination, salary, performance evaluations or vital decisions concerning the employment of a member of his/her family. The same prohibitions would apply to any faculty or staff romantic relationship between a supervisor and subordinate. These consensual romantic or sexual relationships must be disclosed to the appropriate administrative supervisor so that arrangements can be made for objective evaluations and decision making.

SEXUAL HARASSMENT- PERCEPTION VS. INTENT

An individual's perception of what is, or is not, sexual harassment, adds greatly to the complexity of the sexual harassment issue. Well intentioned gestures such as a pat on the shoulder, touching, lewd remarks, jesting comments of a sexual nature, or physical contact may be interpreted as acts of sexual harassment by one recipient, while another may dismiss them as merely annoying. Likewise, some individuals may perceive leering or ogling as sexual harassment, while others may perceive the same behavior as looking or staring and may attribute no meaning to it.

Often people accused of sexual harassment may not realize that they have committed acts of harassment. Accused harassers may have intended only to be funny or even complimentary, and may believe that their conduct is not only appropriate and acceptable, but also appreciated. They are often truly shocked when they are told that someone considered their behavior to be sexual harassment.

In determining whether behavior is to be considered sexual harassment, the courts generally use the "reasonable woman or man" standard. Using this standard, a court should ask whether a reasonable victim of the same sex as the plaintiff would consider the comments or actions sufficiently severe or pervasive enough to create an abusive working environment. Another way to look at the issue – and your own behavior – is to ask whether you would want your spouse or partner, child, or parent to be subjected to the same type of behavior. At the same time, however, courts also look to determine whether the conduct was actually perceived to be abusive by the person who is the subject of the harassment.

GENERAL QUESTIONS AND ANSWERS ABOUT SEXUAL HARASSMENT

Can I compliment one of my students or coworkers?

Yes, as long as your compliments are free from sexual undertones. Compliments such as "Nice legs" or "You look really sexy in that outfit" can make your co-worker or student feel uncomfortable or threatened. Even if the person you're complimenting isn't bothered by the comments, others might be.

How about asking for a date? Do I have to take "no" for an answer?

You may want to get together socially with someone, from work or from your class, whom you find attractive. This is perfectly acceptable as long as you make sure the desire and attraction are mutual. If you are turned down for a date, you might want to ask the person if a request would be welcome at another time. Be aware, though, that some people don't feel comfortable saying no to that type of question, for fear of offending you, or provoking some type of retaliation. Use your judgment. If the person says no more that once, or is uncomfortable or evasive when you ask, don't use pressure. Accept the answer and move on.

What's wrong with hanging sexy pictures in my own office or work area?

Sexually oriented objects and visuals, such as pinups, centerfolds from sex magazines and calendars portray people as sexual objects in demeaning circumstances. They can contribute to an offensive, intimidating and hostile work or academic environment and create the potential for a sexual harassment complaint.

Can I be accused of harassing someone if we are both the same gender?

Yes. Harassment is not limited to conduct directed towards a different gender. In addition, harassment of someone because of actual or perceived sexual orientation or gender identity is prohibited.