I. SCOPE
This policy applies to all Employees, Volunteers, and Students of George Mason University (“Mason” or “University”).
II. POLICY STATEMENT
- The following Relationships are prohibited under this Policy (“Prohibited Relationships”):[1]
- Relationships between any Faculty and an undergraduate Student.
- Relationships between any non-Faculty Employee and an undergraduate Student when (a) the Student is enrolled in, taking classes in, or otherwise affiliated with any program or department (or in cases of colleges without departments, the entire college) where the Employee works or (b) whenever the Employee has or in the future might reasonably be expected to have, any Responsibility over the Student.
- Relationships between any Employee (including Faculty) and a postgraduate Student (e.g., graduate and professional school students, postdoctoral research associates, non-employee postdoctoral fellows, and clinical residents or fellows) or a continuing education Student are prohibited when (a) the Student is enrolled in, taking classes in, or otherwise affiliated with any program or department (or in cases of colleges without departments, the entire college) where the Employee works or teaches or (b) whenever the Employee has or in the future might reasonably be expected to have, any Responsibility over the Student.
- Relationships between Student Wage Employees or any Student charged with academic instruction or research and a Student are prohibited whenever the Student Wage Employee or the Student charged with academic instruction or research has Responsibility over the Student.
- Relationships between Volunteers and any Student that the Volunteer has Responsibility over.
- Attempts by Employees, Volunteers, student wage Employees or Students charged with academic instruction or research to initiate a Prohibited Relationship (when it is known that the other individual is a student) are also prohibited.
- The prohibitions stated above do not apply to Pre-Existing Relationships that are disclosed pursuant to paragraph (A) of the Compliance section. However, the University will take steps to address any conflicts of interest or other issues that may arise as a result of the Pre-Existing Relationship and the individuals’ roles at Mason.
- The consent or willingness of the parties in the Relationship to participate in the Relationship is irrelevant in determining whether there is a violation of this policy. Relationships or Attempted Relationships prohibited by this policy are prohibited regardless of the consent or willingness of the individuals in the Relationship.
[1] This policy does not address relationships between employees (who are not otherwise students). Such relationships may violate other policies or laws and/or may require disclosure to address conflicts of interest.
III. DEFINITIONS
For the purposes of this policy only:
Employee means any paid employee of Mason other than Student Wage Employees.
Faculty means any Instructional and Research Faculty (term, tenure track, and tenured), Adjunct Faculty, and Administrative and Professional Faculty. Faculty are a subset of Employees.
Student Wage Employee means any Student who is also employed by the University in a student wage position.
Volunteer means any individual who provides services without receiving payment.
Student means any individual who is enrolled in a credit or non-credit class at Mason.
Responsibility means having or having the reasonable potential to have any authority or ability to impact or influence (1) a student’s experience at Mason or in any other setting or (2) their future academic, career, or other prospects. Responsibility includes but is not limited to teaching, grading, coaching, mentoring, advising on or evaluating research or other academic activity, participating in decisions regarding the student (including decisions regarding academic progress, funding, and research), clinical supervision, employment supervision, administrative authority, safety and security authority (e.g., GMUPD or security guards), disciplinary authority, authority over housing, authority over access to University resources, access to student housing, recommending or having the ability to recommend for admissions, employment, fellowships, or awards.
Relationship means any intimate, sexual, or other type of romantic or amorous encounter or association, whether casual or serious, short- or long-term. A single sexual encounter is considered a sexual relationship. Conversely, the relationship does not have to include physical intimacy if a romantic association exists that is beyond the reasonable boundaries of a collegial or professional relationship.
Attempts means conduct that a reasonable person based on the totality of the circumstances would interpret as seeking to initiate a Relationship.
Pre-Existing Relationship means a Relationship, including between spouses, that (1) predates the parties to the Relationship being in the situations identified in #1 e.g., the enrollment of an individual as a student or the appointment of an individual as a faculty member or (2) predates the 2023 revision of this policy and was not prohibited under the prior version of this policy. To be considered a Pre-Existing Relationships the Relationship must be disclosed prior to the individuals becoming employed or enrolled at the University or in the case of a currently existing Pre-Existing Relationship by November 1, 2023.
Report Review Committee means a committee made up of representatives from Title IX, Human Resources, and Institutional Compliance and Ethics.
IV. COMPLIANCE
A. Employees and Volunteers must disclose to their supervisor and to the Report Review Committee via https://masondei.guardianconduct.com/incident-reporting?incident_type=University Policy 1204
any Pre-Existing Relationship, Relationship, Attempt to initiate a Relationship, or any past Relationship or Attempt to initiate a Relationship with any Student.[2] Student Wage Employees or any Student charged with academic instruction or research must disclose to their supervisor and to the Report Review Committee via the above link any Pre-Existing Relationship, Relationship, Attempt to initiate a Relationship, or any past Relationship or Attempt to initiate a Relationship with any Student over whom they may possibly have Responsibility over. This reporting requirement applies regardless of whether the Employee, student wage Employee, Volunteer, or Student charged with academic instruction or research believes the Relationship is or is not permitted by this policy. The University, not the parties involved in the Relationship, decide whether the Relationship is permitted under this policy, e.g., whether the employee has had, has, or in the future might reasonably be expected to have, any Responsibility over the student, where such a determination is relevant.
B. The Report Review Committee will review all Relationships reported pursuant to (A) and determine whether the Relationship is permitted or prohibited by this policy. In the event that a Relationship is permitted, including any Pre-Existing Relationship, the Report Review Committee will work with the parties to the Relationship and any other appropriate University officials to put steps in place to address any conflict of interest or other issues.
C. Violations of this policy will result in discipline, up to and including termination. Reporting a Relationship that is prohibited does not preclude the University from taking disciplinary action for engaging in a Prohibited Relationship. Additionally, failing to report a Relationship is a separate violation of this policy regardless of whether the Relationship is permitted under this policy and will result in discipline. If the University becomes aware of a Relationship prohibited by this policy that was not reported, the failure to report and the involvement in a Prohibited Relationship will be treated as separate violations of this policy.
D. Violations of this policy may be investigated by Human Resources, DEI, and/or another office at Mason depending on the nature of the violations. Violations of this policy may also constitute violations of University Policy 1202 or other University policies. The University may decide to investigate allegations related to violations of this policy separately or jointly with alleged violations of other policies. In investigating violations of this policy the University may consider all relevant information in its possession including information collected in investigations of violations of other policies.
E. All Employees, student wage Employees, and Students charged with academic instruction or research must complete training on this policy as part of onboarding (for new employees) and bi-annually thereafter. Volunteers who will have Responsibility over Students must complete this training at the start of their volunteer work and bi-annually thereafter.[3] At the conclusion of the training the individual must certify understanding and compliance with this policy. Failure to complete the training may result in discipline or other loss of privileges.
F. Exceptions to this policy may be granted by the Provost and Executive Vice-President for Finance and Administration. Exceptions will be granted only in rare circumstance and after taking into account the totality of the circumstances. In order to seek an exception, the Relationship must be reported to the Report Review Committee, as described in (A). The Report Review Committee will review the request for an exception and confirm that both parties to the Relationship are seeking an exception. The Report Review Committee will then make a recommendation to the Provost and Executive Vice-President for Finance and Administration, who will make the final decision. If an exception is granted, the Report Review Committee may put steps in place to address any conflict of interest or other issues.
[2] The requirement to report a past Relationship or Attempt to initiate a past Relationship with a Student only applies if the person required to report is aware that the individual they previously had a Relationship with or Attempted to initiate a Relationship with is now a Student.
[3] It is the responsibility of the Employee overseeing the Volunteer to ensure that the Volunteer completes the required training.
VI. EFFECTIVE DATE
This policy will become effective upon the date of approval by the President.
VII. FREQUENCY OF REVIEW
This policy shall be reviewed every two years, or more frequently as needed.
Date of most recent review: August 27, 2023
VIII. SIGNATURES
Approved:
_/S___________________
Gregory Washington
President
Date approved: June 28, 2012
Revision approved: August 27, 2023.