Intimate Relationships between Staff Members and Students, Policy and Procedures

All members of the University community and its subsidiaries.

This document clarifies the University’s expectations about intimate relationships between staff members and students within the University community of a consensual nature.

• We acknowledge that the University’s staff members support students through different stages of their University journeys from both an academic and personal perspective.
•  This policy and set of procedures aims to ensure that staff members and students are aware of the University’s expectations with regards to intimate relationships. It seeks to protect staff members and students from allegations of actual or perceived conflicts of interest, and to limit circumstances where a position of power may be abused.
• There are specific circumstances under which intimate relationships between staff members and students must be avoided, for example when a staff member has professional responsibility for a student, including supervision, teaching, tutorials, or any involvement with grading or assessment.
• Given the size of the organisation and the diversity of its community, the University recognises that it is not reasonable nor desirable to prohibit all intimate relationships between staff members and students. For example, where a staff member and a student from different parts of the University meet off-campus and have no cause to interact as staff or students at the University.
•  Regardless of whether a direct conflict of interest exists, the power imbalance between staff members and students can make relationships between the two open to exploitation. They can sometimes carry significant risk to both the student and staff member involved, and generate real or perceived biases which can affect other members of the University community.

1. Staff members are often in a position of trust and authority in relation to students, and the University expects staff members to be mindful of these inherent power dynamics when they engage with students.
2. Where a staff member has professional responsibility for a student, they must avoid having an intimate relationship with that student.
3. In circumstances where an intimate relationship arises between a staff member and a student for whom they have professional responsibility, that staff member must declare this as soon as they identify this conflict of interest so that it can be addressed.
4. The University does not tolerate inappropriate behaviour towards students or staff, including sexual harassment, non-consensual advances and/or misuses of power (see Addressing Bullying, Harassment and Discrimination Policy and Procedures and Harmful Sexual Behaviours Policy).
5. For students who are also staff members (for example, Resident Advisers, Teaching Assistants, Graduate Teaching Assistants, Research Assistants or contracted interns), this document applies to them as a staff member when the relationship concerned involves a student under their professional responsibility.

Related procedures

Declaration of an intimate relationship

6. Staff members are responsible for making a declaration to their line manager and/or their Human Resources Manager if they have an intimate relationship with a student they hold professional responsibility for.
7. Failure on the part of a staff member to promptly declare the existence of an intimate relationship under the Conflict of Interest Policy, including one-off intimate encounters with a student in accordance with these procedures may result in disciplinary action being taken, in line with relevant Professional or Academic Staff Disciplinary Procedures.
8. If the student involved wishes to declare an intimate relationship with a staff member, they can do so by contacting Te Papa Manaaki|Campus Care for support.

Following a declaration of an intimate relationship.

9. Following this declaration, the line manager will work together with the staff member involved to gather relevant information regarding the nature of the conflict of interest, with the support of the Human Resources Manager as appropriate.
10. If a conflict of interest is identified, based on the information gathered, the line manager and/or relevant Human Resources Manager will complete a Conflict of Interest form outlining mitigation measures to be taken. These measures may include arrangements for alternative supervision, evaluation, advice or oversight for that student.
11. All decisions, and action will be recorded in writing on the Conflict of Interest form.
12. Either the line manager and/or relevant Human Resources Manager should forward the completed form to the Risk Office at coi@auckland.ac.nz, who will then register the form on the University of Auckland’s central Conflict of Interest register.
13. If there are any concerns about the student’s wellbeing, the line manager or Human Resources Manager may also make a referral through the online portal to the Te Papa Manaaki| Campus Care team within Campus Life, who will then confidentially follow up with the student to ensure they are aware of information and options for support.

Support available for staff members

14. Staff members who are uncertain about whether they should take action regarding an intimate relationship may seek guidance from their academic head or line manager or any member of the Human Resources Advisory team.
15. EAP Services offer a free, confidential counselling service for staff members. Further information is available on the staff intranet at Employee Assistance Programme.
16. Staff members may contact Human Resources Managers and Health, Safety and Wellbeing Managers to discuss further options for support.

Support available for students

17. Students who are concerned about an intimate relationship with a staff member or another student are encouraged to contact Te Papa Manaaki|Campus Care for advice and support.
18. University Health and Counselling offer free, confidential counselling support.
19. AUSA Advocacy offer confidential advice and support. They can help students understand how to raise a complaint and to understand their rights and options.
20. Online modules are available through Canvas and face to face training is available for student representatives and leaders. Details of training available and how to access this is on the Be Well | Whai Hauora website here.

Please note:
This policy must be read in conjunction with the Intimate Relationships between Staff Members and Students Guidelines.

Close personal relationships 

Close personal relationships between staff members and students of a non-intimate nature can also give rise to power imbalances and/or conflicts of interest, and should be considered in light of the Conflict of Interest Policy, Procedures and Guidelines and/or the Uniservices Conflict of Interest Policy, Procedures and Guidelines as applicable. Non-consensual interactions between staff members and students is considered a harmful sexual behaviour as outlined in the Harmful Sexual Behaviours Policy and may constitute sexual harassment in breach of the University’s Addressing Bullying, Harassment and Discrimination Policy and Procedures.

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. Refer to the Intimate Relationships between Staff and Students Guidelines for further discussion of ‘professional responsibility’.

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.

Include the following:

• Addressing Bullying, Harassment and Discrimination Policy and Procedures
• Code of Conduct
• Conflict of Interest Guidelines
• Conflict of Interest Policy
• Conflict of Interest Procedures
• Education (Pastoral Care of Tertiary and International Learners) Code of Practice 2021
• Harmful Sexual Behaviours Policy
• Intimate Relationships between Staff Members and Students Guidelines
• Privacy Act 2020
• Privacy at the University of Auckland
• Protected Disclosures (Protection of Whistleblowers) Act 2022
• Protected Disclosures Policy and Procedures
• Uniservices Conflict of Interest Policy, Procedures and Guidelines

Owner: Associate Director, HR Advisory
Content manager: Human Resources Director
Approved by: Vice-Chancellor
Date approved: 1 August 2024
Review date: 1 August 2029