4.8 Amorous Relationships

Because the University views it professionally unethical, because the potential for abuse or the appearance of abuse is so great, and because of the inherent differential in authority, the University prohibits the following relationships and acts, whether they are consensual or not:

Every non-student member of the University Community is prohibited from engaging in romantic and/or sexual relationships or in romantic and/or sexual conduct with any student currently enrolled as an undergraduate at the University.

Every member of the University Community is prohibited from engaging in romantic and/or sexual relationships or in romantic and/or sexual conduct with anyone whom he or she educates, counsels, coaches, supervises or evaluates in any way.

For application of the provisions contained in this section to mixed-status individuals, see Section 5.2.1.

Even when both parties have consented at the outset to the development of such a relationship, it is the officer, instructor or other person in the relative position of power who, by reason of authority conferred by the University, bears the burden of accountability.

It should be noted that exceptions to any of these prohibitions will be considered by the Office of Human Resources on a limited, case-by-case basis. Some examples of acceptable relationships may include:

A recent Xavier graduate, hired by the University, continuing a relationship that began while both individuals were students. An employee's spouse enrolling as a graduate or non- traditional undergraduate student.

Similarity to one of the situations does not automatically deem the relationship acceptable. If an individual has any questions about the application or effect of this policy to an existing or potential relationship, it is their duty to consult with their supervisor, the Office of Human Resources, and/or the Civil Rights and Title IX Office.

In keeping with this University policy, if charges of sex discrimination, sexual harassment, and/or a non-consensual relationship are made, the existence of a consensual relationship in any of the contexts stated above shall not be a defense in any proceeding brought under the HCAP, and the Office of Civil Rights and Title IX will take appropriate action under the HCAP. If the relationship in questions does not constitute sex discrimination, sexual harassment, and/or a non-consensual relationship under the HCAP, the Office of Human Resources will take appropriate action under other relevant University policies.

Disciplinary penalties for individuals who violate these provisions may include written reprimand, formal warning, suspension, termination or dismissal, or such other penalties, as the University deems appropriate and consistent with the gravity of the offense. In the case of faculty, violation of these prohibitions may constitute grounds for dismissal of a tenured or untenured faculty member. See Xavier University Faculty Handbook.