Intimate Relationships between Staff Members and Students Guidelines

Application

All members of the University community and its subsidiaries.

Purpose

These guidelines supplement the Intimate Relationships between Staff Members and Students Policy and Procedures, and aim to strengthen members’ understanding of the University’s position on intimate relationships between staff members and students.
These guidelines examine how principles outlined in the policy may be applied to specific and often complex situations. These guidelines offer a variety of frequently asked questions and illustrative cases to assist members in considering the best way forward when dealing with situations that they encounter.

Background

The University is working to create cultures of consent, respect, and to prevent harmful sexual behaviours. As part of this, a policy and set of procedures, as well as these guidelines, have been developed to outline expectations regarding intimate relationships between staff members and students. For more information regarding the context of these guidelines, please refer to the Intimate Relationships between Staff Members and Students Policy and Procedures and Harmful Sexual Behaviours Policy and Procedures.

Guidelines

Frequently asked questions

What constitutes ‘professional responsibility’?
Staff members are considered to have ‘professional responsibility’ over the students that they have contact with through their work for the University, whether this is online or face-to-face. This includes, but is not limited to:

  • Teaching, including co-teaching or guest teaching a student, which could be as a Graduate Teaching Assistant or Teaching Assistant or in a tutorial,
  • Assessing a student (for example, grading their exam or being a higher level approver or moderator),
  • Selecting a student for any scholarship or prize,
  • Supervising or advising a postgraduate student,
  • Having responsibility for off-campus activity with students, for example field trips or conferences,
  • Working collaboratively with a student on a research project,
  • Being employed as a residential advisor in that student’s residence,
  • Being employed to support any academic activity, such as Field Trips, lab work or as a casual staff member, and
  • Providing a student with advice, such as course or careers advice.

Many individual situations are not straightforward. Seeking advice from your manager is often a good first step in assessing your individual circumstances.

My student/lecturer and I are both consenting adults of a similar age. What are the risks of initiating an intimate relationship?

Positive working relationships between staff members and students require trust and mutual respect. Initiating intimate relationships, or enabling them to develop, can sometimes reflect an abuse of this trust.

Giving consent can be complicated by power imbalances and boundary-blurring behaviours. Accounts from students who have engaged in seemingly consensual relationships with lecturers, supervisors, Graduate Teaching Assistants or other areas where students are also employed as staff members, suggest that sometimes, in hindsight, they view this consent differently because of the power dynamic that was present at the time.

Beyond risks to students, staff members are therefore also at risk when they engage in these intimate relationships. The University does not put a time limit on the submission of complaints under the Addressing Bullying, Harassment and Discrimination Policy, and historical complaints are investigated where allegations of serious wrongdoing are made.

Can I initiate an intimate relationship with a staff member or student after our working relationship ends (for example, when the semester is finished)?

The University does not specify when it is appropriate to initiate an intimate relationship with a student or staff member after this professional responsibility relationship has ended. However, we would advise you to proceed with caution. In the past students have reported feeling highly offended by advances made by staff members, even after a ‘professional responsibility’ working relationship has ended.

Staff members can hold significant respect and reverence among students, a position that does not necessarily disappear as soon as the professional responsibility relationship is over. Perception is important, and you should consider what a reasonable observer might make of your ability to have delivered impartial supervision, teaching, oversight or advice if an intimate relationship commences afterwards.

How can it ever be acceptable for a staff member to have an intimate relationship with a student?

The University hosts a diversity of staff members and students who range in age and life stage. Given this diversity, and the sheer size of the University community, it is neither reasonable nor desirable for the University to prevent relationships from developing between consensual adults where there is no conflict of interest or risk of power imbalance.

There are many instances whereby a student and a staff member may develop an intimate relationship outside of the University environment, and their roles as student and staff member may be incidental to that relationship. For example, a mature student may develop a relationship with a member of academic staff in a different department who is of a similar age. So long as that member of academic staff holds no professional responsibility for that student, the University does not consider this a conflict of interest and therefore does not require this to be declared.

How much information do I have to give when declaring an intimate relationship, and what happens to that information?

Your manager or Human Resources Manager will require only enough information to ascertain whether there is an actual, potential or perceived conflict of interest. This may include, but is not limited to, the name of the student involved, the nature of the relationship, and the duration of your personal and professional relationship.

Information will be handled with regard to the privacy of the staff member and student involved. The University’s Privacy Statement outlines how we approach the collection and processing of personal information about University members.

Access to information disclosed will be limited to your line manager and/or relevant Human Resources Manager, and information will be stored on the Conflict of Interest Register. The Conflict of Interest Register is only accessible to a small group of individuals within the University, who sit within the Risk Office and Information Technology Services. The law requires that the University does not hold personal information about an individual for longer than it is administratively required.

Do I need to declare a previous intimate relationship?

The University requires you to declare any current intimate relationship where the staff member involved holds professional responsibility for the student concerned. Where a previous intimate relationship has occurred, we encourage you to exercise professional judgement in determining if your relationship was recent enough to have any impact on your ability to work professionally and impartially with that student or staff member.  

What about a one-off intimate encounter?

Staff members should disclose recent isolated intimate encounters in the same way as they would disclose an ongoing intimate relationship with any student over whom they have professional responsibility over. One-off intimate encounters may still impact your ability to be impartial and professional.

If a student is unsure whether the staff member concerned has declared their relationship, or would like to speak to someone for support, they can contact Te Papa Manaaki/Campus Care. 

I am a manager. How can I help my staff members to be aware of the challenges of intimate relationships with students?

As a manager of staff, you can identify areas of known risk and take steps to ensure staff members are educated about their responsibilities regarding relationships with students. Some circumstances make students at greater risk of exploitation by staff members. For example, power imbalances may be particularly pronounced among international students, many of whom are young, isolated, learning a new language, and navigating a new country on their own.

Field trips and other off-campus learning opportunities are also recognised as environments where the risk of intimate advances, later perceived as non-consensual due to power imbalances, is heightened. Active promotion of the Intimate Relationship Policy and Procedures and these guidelines can help to ensure your staff members are fully informed of the University’s position on intimate relationships with students.

Ensure your staff members are aware of relevant training. The University offers information and training on addressing, bullying, harassment and discrimination, being an active bystander and harmful sexual behaviour, with online and face-to-face options available through Career Tools. A ‘Creating Cultures of Consent and Respect’ training module has been developed for students and is available through Canvas. Please speak to your Human Resources Manager if you would like to discuss in more detail how this may apply within your area. 

What is the University’s responsibility in relation to declarations of intimate relationships between staff members and students?

The University is responsible for mitigating any declared conflicts of interest, as well as making support available for navigating intimate relationships between staff members and students.

Staff members may seek support from any member of the Human Resources Advisory Team, or the free, confidential counselling service at Employee Assistance Programme.

Students may seek support via Te Papa Manaaki/Campus Care, Student Health and Counselling, and/or AUSA Advocacy. 

What about intimate relationships between staff members?

These guidelines and the accompanying policy and procedures cover intimate relationships between staff members and students. Situations may also occur where intimate relationships exist or develop between staff members. The existence of such relationships should not prevent the employment or promotion of any individual. However, staff members should also be aware that these situations can give rise to real or perceived conflicts of interest, as well as power imbalances where supervisory relationships are involved.

Where there is a potential for conflict of interest in relationships between staff members or prospective staff members, those staff are encouraged to speak to their Academic Head, line manager and/or relevant Human Resources manager. In such cases, disclosures will be managed according to the Conflict of Interest Policy and associated Procedures.

Staff members who are in senior or management roles should also be aware that holding a position of influence can mean that engaging in an intimate manner with another staff member may create a conflict of interest, even if they are not in the staff member’s direct management line. 

How do I make a complaint about an issue in this area?

All students and staff members have the right to experience the University environment free from harassment or sexual intimidation. The Addressing Bullying, Harassment and Discrimination Policy and Procedures and accompanying Guidelines outline how the University defines sexual harassment, and what processes are in place for reporting such behaviour.

As a student, if you are currently or have been intimately involved with a member of staff and do not consider your involvement to be consensual, you have the right to lodge a complaint. You can find information on the University website about how to report a sexual assault incident, or threats to personal safety.

Students can lay a complaint via the channels outlined in the Student Complaint Process flowchart.

Staff members can lay a complaint via the channels outlined in the Staff Complaint Process flowchart.

Note that complaints can be made by anyone using the Whistleblower Hotline, which is run externally to the University and allows for anonymous complaints (noting that anonymous complaints may be difficult to verify or investigate). 

Case study examples

The following case studies illustrate some scenarios where an intimate relationship might arise between a staff member and a student. We discuss how the Intimate Relationships Between Staff Members and Students Policy and Procedures apply to these scenarios.

Case 1: My PhD supervisor and I have grown close over the last few years, and recently he has expressed interest in me romantically. I am interested in pursuing an intimate relationship, but I do not want to jeopardise my research as they are the only person in the faculty with the expertise to supervise me. Can they continue to supervise me if we start a relationship?

Response: The nature of the supervisor-supervisee relationship makes pursuing an intimate relationship in this setting inappropriate. There are likely to be serious challenges maintaining the boundaries of your personal and professional relationship, and a significant power imbalance is likely to exist. Supervisors have influence over their students in determining the success of their research, access to research funding, and involvement in the wider academic community.

Based on this, it is inadvisable to pursue an intimate relationship with your supervisor. If you were to pursue an intimate relationship, this would need to be declared as a Conflict of Interest and alternative supervision arrangements so that they no longer has any involvement in your PhD. 

Case 2: My girlfriend is a member of professional staff, and I have just enrolled at the University as a student. While I am a student and she is a member of staff, it is looking unlikely we will have any direct contact in a professional context while at the University. Do I have to declare this relationship?

Response: In this instance, your girlfriend holds no professional responsibility for you as a student. So long as this remains the case, there is no need to declare your personal relationship. 

Case 3: I’m a postgraduate student working as a Graduate Teaching Assistant, and my partner has just enrolled in the undergraduate course I am teaching in. Am I still able to teach in this course?

Response: You should declare this relationship to your manager as soon as possible, preferably prior to semester starting, to ensure arrangements can be made so that you have no direct oversight over your partner. You can do this by following the procedures outlined in the Intimate Relationships between Staff Members and Students Policy and Procedures.

Alternative arrangements may include moving streams, and/or reallocating grading to ensure you are not teaching or assessing your partner. 

Case 4: I have been chatting online with someone I am interested in pursuing an intimate relationship with. We recently met up in person and discovered that unbeknownst to either of us, that person is a student in my large undergraduate course. Our messages have been of an intimate nature, however nothing physically intimate has happened between us. Do I still need to declare this?

Response: The Intimate Relationships between Staff Members and Students Policy and Procedures classify an intimate relationship as one including dating, romantic or sexual interactions in person and/or online. While your interactions have been virtual, if they could be reasonably considered to be of an intimate nature, it is important that you declare this conflict of interest in order to protect both yourself and the student involved. 

Case 5: I am a staff member and am now in an intimate relationship with a student within my faculty, but there is no supervisory or advisory-type relationship between us. Am I obliged to declare this relationship?

Response: If you are satisfied you hold no professional responsibility for the student involved, then you are not required to declare your relationship under the Intimate Relationships between Staff Members and Students Policy and Procedures.

However, you should be mindful of the power imbalance that may still exist between you as a staff member and that student, even if you do not supervise, teach or advise them.

Further, even if there is no direct conflict of interest, you should consider how an impartial observer might reasonably perceive your relationship with that student, and whether your relationship is likely to affect your professional relationships or disadvantage the student in any way. 

Case 6: I am a postgraduate student dating a staff member, and we are now involved in a research project together. We have previously had no supervisory or advisory relationship, so have not declared our relationship. Are we prohibited from working on this research project together?

Response: Scenarios such as this are not straightforward, and as a staff member, it is always advisable to have a conversation with your manager and/or your relevant Human Resources Manager in the first instance. Your manager and/or Human Resources Manager will work through the specific circumstances of your situation to determine appropriate action. As a student seeking advice, contact Te Papa Manaaki/Campus Care and/or AUSA Advocacy for further guidance. 

Case 7: I am a Graduate Teaching Assistant for an undergraduate course and have recently entered into an intimate relationship with one of my students, whom I also tutor privately. Do I need to declare this relationship, and can I continue to tutor them privately?

Response: This relationship should be declared to your manager immediately, under the Intimate Relationships between Staff Members and Students Policy and Procedures. Due to the intimate nature of your relationship and the dual role you hold as both a Graduate Teaching Assistant and a private tutor, arrangements need to be made to ensure you do not have direct oversight over the student’s academic evaluations or teaching. Tutorial arrangements will need to be amended, and it is strongly advised that the student select a new private tutor to remove any conflict of interest. 

Case 8: I am a Resident Advisor and I have entered into an intimate relationship with one of the students in my Accommodation building. Does this relationship need to be declared, and what are the implications?

Response: It is essential to declare any intimate relationship with a student residing in your Accommodation building immediately to your manager. This declaration is necessary because such a relationship can compromise the impartiality required in your role and breach expectations of trust and pastoral care. It is made clear during Resident Advisor training that entering into such relationships is not allowed and must be reported, so that alternative arrangements can be made. 

Definitions

The following definitions apply to this document:

Close personal relationships –relationships characterised by a close friendship or association. This may also involve a family relationship or financial dependency. 

Consensual – intimate encounters or relationships characterised by free and full permission by both parties. Consent can only be given without coercion and in the absence of any pressure to give consent, for instance to improve marks or professional position. Consent can be complicated by power imbalances, where it is believed to have been given freely by both parties, but would not have been given if one party did not occupy a position of power.

Intimate relationships - relationships characterised by a significant level of intimacy between the participants (regardless of their gender), which go beyond the bounds of a platonic or working relationship. This includes dating, romantic or sexual interactions, whether one-off or ongoing, in person or online, that are consensual.

Member(s) - includes all staff members, students, honorary and adjunct appointees, contractors, subcontractors, consultants, associates, Council members, members of committees and boards and business partners of either the University or UniServices (as the case may be).

Professional responsibility – A staff member holds professional responsibility for students that they engage with in the work they undertake. This includes contact with students in an supervisory, advisory, assessment-related, and teaching-related capacity, or any other capacity where they are providing University services to a student.

Staff member - refers to any individual employed by the University on a full time or part time basis, including those on a fixed-term, permanent or casual employment agreement. It also includes those who are employed as staff while studying, such as Residential Advisors or Teaching Assistants.

University - means the University of Auckland, Waipapa Taumata Rau and includes all subsidiaries.

Key relevant documents

Include the following:

Document management and control

Owner: Director Human Resources
Content manager: Associate Director HR Advisory and Associate Director Student Wellbeing & Engagement
Approved by: Vice-Chancellor
Date approved: 1 August 2024
Review date: 1 August 2029