Prohibited Relationships with Students

Applies to: Faculty (including part-time, adjunct, voluntary, and visiting faculty), postdoctoral scholars (including teaching fellows), staff, academic staff,  and graduate assistants (including teaching assistants, assistant lecturers, research assistants, and resident assistants) employed by University of Southern California (“USC“ or the “University“) and including those working for Keck Medicine of USC. This policy continues to apply to individuals who are on sabbatical or other leaves, or who are visiting other institutions.

1. Policy 

Issued: October 3, 2024
Last Revised: September 12, 2024
Last Reviewed: September 12, 2024                                                                    

2. Policy Purpose

USC’s Mission Statement declares that our first priority as faculty and staff is the education of our students. The purpose of this policy is to safeguard the environment for students by avoiding intimate relationships between students and faculty or staff, without unduly infringing on the personal freedom and private lives of our students, faculty, and staff.

Under longstanding policy all faculty and staff are prohibited from having an intimate, romantic, or sexual relationship, even a consensual one, with any person that the faculty or staff member teaches, supervises, or evaluates, including any student, resident, or fellow of the university or an affiliated institution as well as any visiting student, resident, or fellow. Under longstanding policy, faculty and student intimate relationships that do not have a supervisorial or evaluative element have been strongly discouraged.

The purpose of this policy is to go beyond discouragement and prohibit intimate relationships between undergraduate students and faculty or staff, even if consensual, except in certain exceptional circumstances.

The basis for the prohibition is that the educational experience of undergraduate students typically extends broadly across the university, and for that reason intimate relationships between faculty members or staff and undergraduate students presents a general risk of real and perceived conflicts of interest, perceptions of favoritism, and adverse consequences for students and academic programs. 

Limited factors that may result in a policy exception are outlined in Section 5.3.

3. Scope and Application

This policy prohibits Intimate Consensual Relationships between USC Faculty or Staff and Undergraduate Students, with limited exceptions, and outlines restrictions on Intimate Consensual Relationships between USC Faculty or Staff and Graduate Students.

It applies broadly to the entire University community, including USC Faculty and Staff, Undergraduate and Graduate students, all as defined below.

Intimate Consensual Relationships between student workers and students, and among students, are not covered under this policy, however, the Conflict of Interest and Commitment policy applies if there is an actual or perceived conflict of interest. This policy does not cover Intimate Consensual Relationships among USC Faculty and Staff, which are covered by the Conflict of Interest and Commitment Policy and Faculty Handbook 3-F, Personal Conflicts of Interest. Additional policies that may apply are in section 9 – Related Information.

This policy does cover, as described below, relationships between undergraduate students and graduate assistants (such as teaching assistants, assistant lecturers, teaching fellows, research assistants, and resident assistants) or postdoctoral scholars when there is any Evaluative Authority.

It is important to remember that non-consensual intimate relationships and other non-consensual behavior of a sexual nature are prohibited by the Policy on Prohibited Discrimination, Harassment, and Retaliation, which contains a specific definition of consent (see Section 9 below).

4. Definitions

TermDefinition
Conflict of InterestThe term Conflict of Interest encompasses both Conflicts of Interest and Conflicts of Commitment. A Conflict of Interest arises when:
·  Professional, financial, or personal activities or relationships compromise, or have the appearance of compromising, a USC Faculty or Staff member’s professional loyalty and responsibility to USC, and ability to perform USC duties and responsibilities in a full and complete manner.
· A USC Faculty or Staff member’s professional, financial, or personal activities compete, or have the appearance of competing, with the University.
Intimate Consensual RelationshipsRefers to any relationship, which is romantic, physically intimate, or sexual in nature, and to which the parties have consented.
Graduate StudentA student, who is enrolled in a master’s program, doctoral program, graduate certificate program, post-graduate non-degree program, or a progressive degree program at the University and includes a visiting student. Also an individual (though otherwise classified as staff) who is a trainee, resident, or fellow of a clinical program of the university, Keck Medicine of USC, or an affiliated institution as well as any visiting trainee, resident, or fellow. Includes the period between academic semesters.
Postdoctoral ScholarA trainee in residence at the university pursuing advanced study beyond a doctorate in preparation for a full-time academic and/or research career.   These include Postdoctoral Scholar—Research Associates, Postdoctoral Scholar—Fellowship Trainees, Postdoctoral Scholar—Teaching Fellows, or Postdoctoral Scholar—Visiting Fellows.
Evaluative AuthorityIncludes teaching in person, online or in any other format; teaching or training in a lab, clinic, hospital or the field; being an examiner, or member of a guidance, thesis or dissertation committee; supervising teaching, research, clinical or other duties in all types of positions; mentoring; and having the other person paid from the funds of a grant or contract supervised by the faculty member as principal investigator. Includes decisions and recommendations relating to admission, grading or evaluating student work, granting of awards or academic advancement, or recommending a student externally. Includes decisions related to initial appointment or hire, retention, termination, reappointment, promotions, compensation benefits, and leaves of absence  

Also includes the relationships of Faculty in Residence, Teaching Assistants, Assistant Lecturers, Postdoctoral Scholars, Research Assistants, and Residential Assistants to Undergraduate Students in their section, laboratory, or residence hall.  Also includes the relationship of  coaches to student-athletes they coach.
Third PartiesThose who are neither USC Faculty, Staff, nor Students, but who interact with Undergraduate Students within the scope of USC’s operations, including for example contractors, visiting students from other institutions, visiting speakers, members of boards and committees, and University supporters.
Undergraduate StudentA student who is enrolled in a bachelor’s-level program. Includes the period between academic semesters and includes visiting students. (However, students enrolled in progressive degree programs come under the definition of Graduate Students)
  USC Faculty and StaffFaculty (including full-time, part-time, adjunct, voluntary, and visiting faculty), visiting scholars, professional research staff, academic staff, coaches and athletic staff, all other staff employed by University of Southern California including those working for Keck Medicine of USC. Includes those on sabbatical or other leaves or visiting at other institutions and includes the period between academic semesters.

5. Policy Details

USC prohibits Intimate Consensual Relationships between USC Faculty or Staff and Undergraduate Students, with limited exceptions, and clarifies requirements for Intimate Consensual Relationships between USC Faculty or Staff and Graduate Students.

5.1   Prohibited Intimate Consensual Relationships

5.1.1  Undergraduate Students

The University prohibits Intimate Consensual Relationships between an Undergraduate Student and a Faculty or Staff member, with the limited exceptions discussed in part 5.3.

5.1.2 Graduate Students

The University strongly discourages Intimate Consensual Relationships between any Graduate Student and a Faculty or Staff member. See also part 5.1.4.

5.1.3.  Coaches

Coaches are staff, and thus the University prohibits Intimate Consensual Relationships between a coach and an Undergraduate Student or between a coach and any student-athlete whom they coach, including student-athletes who are Graduate Students.

5.1.4 Evaluative Authority

The University prohibits Intimate Consensual Relationships between a Graduate Student and a Faculty or Staff member if the Faculty or Staff member has Evaluative Authority over the Graduate Student. Similarly, the University prohibits Intimate Consensual Relationships between a Graduate Student or Postdoctoral Scholar and any student for whom they have Evaluative Authority.

5.2    Duty to Disclose

USC Faculty and Staff members must disclose through diSClose.usc.edu any Intimate Consensual Relationships with an Undergraduate Student as well as any Intimate Consensual Relationship with a Graduate Student where the Faculty or Staff member has Evaluative Authority. Similarly, Graduate Students must disclose through diSClose.usc.edu any Intimate Consensual Relationship with any other student for whom they have Evaluative Authority. The Office of Culture, Ethics and Compliance will consult with the appropriate leadership at the school or unit level on the investigation or management plan necessary to address the situation, with final approval by the Office of the Provost (for faculty) or Human Resources (for staff).

5.3    Exceptions

5.3.1  Existing Relationships

Intimate Consensual Relationships between a USC Faculty or Staff member and an Undergraduate Student that predate the student’s USC enrollment or the USC employment of the faculty or staff member (or that predate the issuance of this policy) are not automatically prohibited but must be disclosed through diSClose.usc.edu. Each disclosure of a prohibited Intimate Consensual Relationship will be evaluated on a case-by-case basis in light of the purposes of this policy, and, when possible, will lead to development of an appropriate management plan in consultation with the department chair and Dean and the Office of Culture, Ethics, and Compliance, with final decision on the management plan by the Office of the Provost (for faculty), and Human Resources (for staff).

5.3.2 Mitigating Circumstances

If a faculty or staff member and an Undergraduate Student believe there are mitigating circumstances that should exempt their relationship from this prohibition on Intimate Consensual Relations, both parties must submit a request for an exception through the Office of Culture, Ethics and Compliance.  Any such request must be submitted by both parties seeking the exception.

The  decision whether to approve the exception is made by the Office of the Provost (for faculty), and Human Resources (for staff), after consultation with the Office of Culture, Ethics, and Compliance

If an exception is granted, it will lead to the development, when possible, of an appropriate management plan – in the case of faculty in consultation with the department chair and Dean. The Office of the Provost approves management plans for faculty.

In deciding whether to grant an exception for mitigating circumstances, relevant factors include among other things, a balancing of the potential harm of the relationship and the rights to privacy and autonomy in intimate relations. Examples include that it is impossible or highly unlikely that the faculty member would ever teach or exercise Evaluative Authority over the student; that the relative ages and other circumstances, considered as a whole, substantially reduce a power differential or potential for Evaluative Authority; the parties marry or form a Registered Domestic Partnership. Each decision will be evaluated on a case-by-case basis in light of the purposes of this policy and will lead to a decision whether there should be an exception.

5.3.3. Management plan

In an unusual situation of an existing relationship or mitigating circumstances, at the request of both parties, special arrangements may be approved to satisfy the purposes of this policy, such as having an unrelated third party supervise or evaluate the work of the student. Final decision on such a management plan is by the Office of the Provost (for faculty) or Human Resources (for others) after consultation with the Office of Culture, Ethics, and Compliance.

5.3   Reporting or Seeking Assistance

 USC community members concerned about Intimate Relationships involving others in their programs or classes are encouraged to speak with the Office for Equity, Equal Opportunity, and Title IX or may also speak with their Dean, department chair, Office of the Provost, or Human Resources to ensure that they are able to complete their academic or professional work without issue.

 5.4   Consequences for Policy Violation

 If any USC Faculty or Staff member is found to have violated the terms of this Policy after appropriate investigation, the matter will be referred for disciplinary action to be taken in accordance with relevant disciplinary procedures contained in the Faculty Handbook (for faculty), Student Handbook, or Staff Disciplinary Practices (for staff).

6. Procedures

See 5.2 on Duty to Disclose. Disclosures should be made by the USC Faculty member, Staff member, or Graduate Student in the position of Evaluative Authority.

Upon receipt of a disclosure or report, the matter will be evaluated for next steps based on the nature and circumstances of the relationships and the purposes of this policy. The Office of Culture, Ethics and Compliance will consult with the appropriate leadership at the school or unit level. The Office of the Provost (for faculty) or Human Resources (for staff) will determine if an investigation or a management plan is necessary to address the situation.

If there is any doubt whether a relationship falls within this policy, individuals should disclose the facts and seek guidance rather than fail to disclose.

All members of the university are expected to know the university’s policies. However, given the complexity and nuance of intimate relationships, there may be cases in which a couple appears to violate the policy without being aware that their relationship is prohibited. Cases in which it is determined that the faculty or staff member did not know that the other party was an undergraduate student will be handled informally without review by a sanctioning panel.

If a Third Party engages in an Intimate Consensual Relationship with an Undergraduate Student within the scope of USC’s operations and there is a sufficient power differential or Evaluative Authority to implicate the purposes of this policy, the ability of the University to respond is limited, but in appropriate cases the University may investigate the circumstances and, if warranted, make a report to an appropriate person or body.

7. Forms

N/A  

8. Responsibilities

POSITION OR OFFICERESPONSIBILITIES
Office of Culture, Ethics and ComplianceReceive requests for exceptions and review the requests with applicable Senior Leadership (for schools and units), Provost (for faculty) and SVP Human Resources, Equity and Compliance (for staff).
Office for Equity, Equal Opportunity, and Title IX (EEO-TIX)Respond to reported concerns related to Intimate Relationships and/or the Prohibited Discrimination, Harassment, and Retaliation Policy (linked in section 9. Related Information).

10. Contacts

Please direct any questions regarding this policy to:

OFFICEPHONEEMAIL
Office of Culture, Ethics and Compliance(213) 740-8258  Compliance@usc.edu