Consensual Romantic, Amorous, or Sexual Relationship Policy
About This Policy
- Effective Date
- 04/01/2025
- Last Updated
- 04/01/2025
- Responsible Office
- Human Resources
I. Purpose
The purpose of this Policy is to set forth policies and procedures concerning consensual romantic, amorous, or sexual relationships between Montclair State University Employees and Students. This Policy also sets forth the policies and procedures concerning consensual romantic, amorous, or sexual relationships between Montclair State University Employees.
All Employees should be aware that consensual romantic, amorous, or sexual relationships with Students must be avoided. Students’ academic success should not be the result of, or affected by, influences attributable to a consensual romantic, amorous, or sexual relationship with a Montclair State University Employee. Such relationships can generate conflicts of interest, compromise academic and professional reputations, and promote an atmosphere unconducive to learning and professional development, and risk real or perceived coercion or exploitation of Students. The purpose of this Policy is to preserve professionalism and minimize discomfort, nepotism, and/or distraction in the workplace.
II. Applicability
This Policy applies to all Montclair State University Employees, Graduate/Teaching Assistants, and similar positions. This Policy is to be applied within the context of the New Jersey Uniform Ethics Code Section on Nepotism. This Policy does not apply to non-consensual romantic, amorous or sexual relationships, which shall be governed by the University’s Sexual Harassment/Sexual Assault Policies and Procedures, the New Jersey State Policy Prohibiting Discrimination in the Workplace, and/or applicable federal, state, and local laws.
Violations of this Policy may result in corrective action, up to and including, dismissal, per applicable law and any applicable collective bargaining agreement(s).
III. Definitions
“Authority” or “Influence” refers to the ability to impact decisions related to a Student’s academic, athletic, employment, extracurricular, financial, or residential experience at the University. Such experience includes but is not limited to, grades, course registration, financial aid, funding, research opportunities, professional development, hiring, evaluation or discipline, transfers, formal mentoring or advising, employment of a student as a research or teaching assistant, honors or degrees, disciplinary action, playing time, acceptance or removal from a team or program, course or internship participation or supervision, access to Students’ records, or physical access to Students’ residence, recreation spaces, activities, and/or other location or premises.
“Employee” refers to Montclair State University faculty, academic professionals, staff, executives, administrators, community assistants and/or directors, coaches, academic advisors, volunteers, and all similar positions.
“Graduate/Teaching Assistant” refers to a graduate or undergraduate Student holding a position of authority that involves the exercise of, or can reasonably be expected to involve the exercise of, influence, academic authority, or disciplinary authority over another Student. This includes but is not limited to positions as a research supervisor, grader, community assistant, graduate coordinator, or graduate student worker.
“Student” refers to any individual who is currently registered and enrolled in at least one credit-bearing course at the University. For the purposes of this Policy, when an individual is enrolled as a student in a University academic program (whether part-time or full-time, undergraduate, graduate, or a certificate program), the individual’s status as a University Student is primary. For the purposes of this Policy, an individual’s status as a University Employee, committee member, volunteer, assistant, or other position shall always be secondary to that individual’s status as a University Student.
IV. Policy
A. Relationships
i. Employee-Student Relationships
Employees of the University are prohibited from engaging in consensual romantic, amorous, or sexual relationships with any Student who the Employee knows or should have known is a Student.
ii. Graduate/Teaching Assistant- Student Relationships
Graduate/Teaching Assistants are prohibited from engaging in consensual romantic, amorous, or sexual relationships with Students enrolled in a course at the same College or School within which the Graduate/Teaching Assistant is employed.
iii. Supervisor-Subordinate Relationships
Employees who hold a supervisory, managerial, or executive-level position are prohibited from engaging in a consensual romantic, amorous, or sexual relationship with a direct report or anyone in their reporting line. This prohibition includes but is not limited to Employees who can reasonably be expected to exercise employment authority or influence over the Employee with whom they are in a relationship. Such authority or influence includes but is not limited to decision-making power with regard to hiring, evaluation, discipline, promotion, transfer, demotion, reassignment, appointment, salary adjustment, supplemental pay, additional assignments, etc.
iv. All other Employee-Employee Relationships
A consensual romantic, amorous, or sexual relationship between two Employees of equal standing or Employees who have no direct supervisory or reporting relationship over one another is permitted but must be reported to the Division of Human Resources within sixty (60) calendar days of the relationship’s formation so appropriate records may be kept to ensure compliance with this Policy.
B. Applicability of Policy after Student Graduation
Following a Student’s graduation from Montclair State University, Employees and Graduate/Teaching Assistants are prohibited from engaging in a consensual romantic, amorous, or sexual relationship with a Student over whom they held a position of authority or influence during the Student’s final academic semester at the University for a period of three (3) months following the Student’s graduation.
C. Exemptions
The prohibitions in this Policy do not apply to consensual romantic, amorous, or sexual relationships between Employees or Graduate/Teaching Assistants and Students that predate: a) the adoption of this Policy; b) the Employee’s or Graduate/Teaching Assistant’s employment or appointment by Montclair State University; or c) the Student’s registration with Montclair State University. However, in such cases, the Employee must comply with all relevant provisions of the New Jersey Uniform Ethics Code and the Employee must still disclose the relationship as required by this section.
Any Employee who is a spouse or domestic partner of a Student or other Employee or who is involved in a consensual romantic, amorous, or sexual relationship exempt from (or otherwise not covered by) the prohibitions of this Policy is prohibited from evaluating the academic or job performance of that Student or employee, employing hiring or supervising that Student or Employee, or otherwise exercising access, authority, supervision or influence over that Student or Employee. The Employee must comply with all relevant provisions of the New Jersey Uniform Ethics Code.
Any Employee or Graduate/Teaching Assistant involved in a relationship exempt from the prohibitions of this Policy shall disclose the existence of the relationship to their Department Chair or Unit Supervisor using the University’s form of disclosure created by this Policy. The Vice President and Chief Human Resources Officer or designee, in consultation with the head of the department/unit, or designee, shall immediately take appropriate action to implement a mitigation plan so that the Employee is not in a position of authority or influence over the Student or other Employee.
D. Confidentiality
The disclosures required by this Policy will be revealed only to those Montclair State University Employees with a legitimate need for the information in order to implement and manage the mitigation plan and enforce this Policy. Montclair State University requires all individuals involved in the procedures set forth herein to respect the integrity of the process and the legitimate privacy interests of the parties to the extent possible. All documents created pursuant to this Policy, including the mitigation plan, will be considered confidential personnel records and maintained accordingly.
V. Procedure
A consensual romantic, amorous, or sexual relationship between two Employees of equal standing or Employees who have no direct supervisory or reporting relationship over one another is permitted but must be reported to the Division of Human Resources within sixty (60) calendar days of the relationship’s formation.
A consensual, romantic, amorous, or sexual relationship that is subject to the exemptions laid out in Section IV(c) shall disclose the existence of the relationship to their Department Chair or Unit Supervisor using the University’s form of disclosure created by this Policy. The Vice President and Chief Human Resources Officer or designee, in consultation with the head of the department/unit, or designee, shall immediately take appropriate action to implement a mitigation plan so that the Employee is not in a position of authority or influence over the Student or other Employee.
This form of disclosure is available on the Human Resources website.
The form must be completed by all Employees or Graduate/Teaching Assistants involved in relationships exempt from the prohibitions of the Montclair State University Consensual Romantic, Amorous, or Sexual Relationship Policy. Such relationships include those that predate: a) the adoption of the Montclair State University Consensual Romantic, Amorous, or Sexual Relationship Policy; b) the individuals’ employment or volunteer appointment by Montclair State University; or c) the student’s registration with Montclair State University.
Required information includes the names and roles of those involved in the relationship, the individual(s) who will assist in implementing a Mitigation Plan, and a summary of the Mitigation Plan. Signatures as indicated are required. The completed disclosure must be forwarded to the head of the department or unit for approval, who will forward it to the Vice President and Chief Human Resources Officer for final approval.