Romantic Relationships Between University Employees and Students

The head coach of the Miami University women’s basketball team, DeUnna Hendrix, resigned on April 26, 2023, amid an investigation into allegations of an “amorous relationship” between herself and a team member. Most details of the investigation remain confidential, but some intimate text messages from Hendrix to the student were made public. According to a Miami spokesperson, Hendrix resigned before the school had the opportunity to fire her for violations of the school’s “consensual amorous relationship” policy.

The policy prohibits faculty members from “pursuing or engaging in an amorous relationship with any Miami undergraduate student.” It also prohibits such relationships between staff members in a supervisory role, including coaches, and all students.

Consensual Relationship Policies

Miami’s policy is similar to the policies on fraternization and inappropriate relationships at colleges and universities across the country. For example, Texas A&M University strictly prohibits consensual relationships between employees and undergraduates, and relationships between employees and subordinates.

Colorado State University’s policy is slightly less restrictive. It permits consensual relationships between faculty and students only if the faculty member does not exercise authority over the student. The policy at Duke University contains similar language that discourages but does not prohibit relationships between faculty and students if there is no supervisory relationship. The Ohio State University phrases the prohibition as applicable to people in “power differentials.”

In another type of policy, the University of California, Berkley, does not prohibit consensual relationships but does require the person in the relationship who occupies a position of authority to “remove themselves from professional decisions concerning [the other] individual.”

Exceptions to the Prohibition on Consensual Relationships

Most of these policies include limited exceptions that require the university employee to request an exemption. Texas A&M’s policy states that the president will grant exemptions in “exceptional circumstances.” Duke University allows a supervisor to approve a simultaneously supervisory and romantic relationship in cases when “eliminating the supervisory relationship would unreasonably disadvantage” the other party in the relationship.

Rutgers University’s extensive policy requires both approval of the relationship and a formal plan for mitigating potential conflicts of interest. It also details procedures for reporting violations, investigating allegations, and preventing retaliation against those who report violations.

Consequences for Violations

University policies are generally silent on the penalties for violations, but the consequences are potentially severe. In a worst-case scenario, employees could be accused of Title IX sexual misconduct violations, which carry serious consequences up to and including termination. Even without a Title IX allegation, college and university employees may be demoted, transferred, suspended, or otherwise sanctioned for a relationship that violates their employer’s policy.

The personal arrangements of individuals involved in a consensual relationship are nuanced, and the policies regulating them differ from school to school. University employees accused of violating one of these policies need a strong defense. The Education Law Team at the LLF National Law Firm Team can help. Contact their offices today by calling 888-535-3686.