Conflicting Employment Relationships

1. Purpose

This policy establishes guidelines for familial and consensual relationships. Non-consensual situations are covered under the Sexual Misconduct and Discrimination Policy.

2. Revision History

3. Persons Affected

3.1 All employees including full-time, part-time, temporary, seasonal, or adjunct.

3.2 Students.

3.3 Affiliated individuals including volunteers.

3.4 Candidates for vacant positions at the college.

4. Policy

The policy of Casper College is to ensure the following:

4.1 That the employment and academic environment is free from real or perceived conflicts of interest, favoritism, and exploitation.

4.2 That employees of the college are aware of power differentials in their relationships with others.

4.3 That employees may not make, participate in making, or influence any employment decision involving a family member or domestic partner.

4.4 That sexual or romantic relationships that might be appropriate in other circumstances are not appropriate when:

4.4.1 They occur between an employee and another employee for whom the individual has supervisory, advisory, evaluative, or other authority or influence.

4.4.2 They occur between employees and students, even if the employee does not teach, evaluate or advise the student.

4.4.2.1 Employees as used in this section does not include student employees. Consensual relationships between students and other students, including student employees, are neither discouraged nor prohibited unless a party to the relationship exercises authority as defined elsewhere in this policy.

4.4.2.2 Exceptions to this policy are cases where an established relationship predates one party’s designation as employee or student, such as when an employee’s spouse/partner chooses to enroll in a course(s) through the Employee, Spouse, and Dependent Scholarship Award program. Should a student wish to enroll in a course taught by their spouse/ partner, they should consult the Academic Nepotism 2.0  . 

4.4.2.3They occur between a Resident Assistant (“RA”) and any residents assigned to the campus housing section to which the RA is assigned and over which the RA has direct supervision.

4.5 That conflicting employment relationships must be disclosed to Human Resources and that there is a process to consider exceptions.

4.6 Where it is determined that employment or appointment of related persons is in the best interests of the college and an exception to this policy is needed and is approved, a mitigation plan will be put in place to manage the conflict of interest.

5 Definitions

5.1 Consensual Relationship: A consensual relationship refers to any voluntary relationship, either past or present, which is romantic, physically intimate, or sexual in nature, and to which the parties consent or consented.

5.2 Familial Relationship: a relationship between two parties who are related; including, but not limited to the following: spouses, relatives by marriage, domestic partners, children (including step-children and foster children), parents, step-parents, grandparents, grandchildren, in-laws, siblings (including step-brothers and step-sisters), cousins, nieces, nephews, aunts and uncles.

5.3 Domestic Partner: Two people who live together in a committed, intimate relationship, but aren’t married or joined by a civil union.

5.4 Mitigation Plan: A written plan developed as provided in this policy that mitigates the conflict of interest and the potential for exploitation or the appearance of exploitation or favoritism created by the relationship and which plan is acknowledged and signed by the parties involved.

5.5 Exercise(s) Authority: Refers to evaluating, providing oversight, supervising, academic advising, mentoring, coaching, counseling, providing extracurricular oversight, and/or otherwise participating or influencing votes or decisions that may reward or penalize another employee or student.

5.6 Employment Decision: Refers to the full array of employment related actions that occur at the college, including, but not limited to, hiring, promotion and tenure, interviewing, work hours, compensation, termination, and decisions involving other terms and conditions of employment.

5.7 Student: Any individual who has accepted an offer of admission, or who is registered or enrolled for credit or non-credit bearing coursework, and who maintains an ongoing relationship with Casper College.

5.8 Power Differential: A power differential exists when individuals possess different degrees of power or influence due to their professional or student standing or role or status in a particular activity.

5.9 Nepotism: The act of people with power showing favoritism to a relative or an individual with whom they have a close personal relationship that could raise a perception of impropriety.

6 Responsibilities

6.1 The director of Human Resources (HR) is responsible for maintaining compliance with this policy.

7 Procedures

7.1 Individuals in the college community must disclose relationships that fall within this policy. If there is any doubt whether a relationship falls within this policy, individuals should disclose the facts and seek guidance rather than fail to disclose.

7.2 If the conflict of interest and the potential for exploitation or the appearance of exploitation or favoritism can be successfully mitigated and managed, the HR director will work on a mitigation plan with the parties in the relationship along with their supervisor(s).

If the conflict of interest and potential for exploitation or the appearance of exploitation or favoritism created by the consensual relationship cannot be successfully mitigated and managed, then the consensual relationship is prohibited.The mitigation plan will:

7.2.1 Address reporting relationships, supervision, and evaluation in a way that will assure that there will be no participation in employment or appointment decisions as prohibited by this policy;

7.2.2 Give priority to the subordinate individual;

7.2.3 Be in writing and signed by both parties;

7.2.4 Be maintained by the department of Human Resources

7.3 Investigation and Discipline

7.3.1 Actions in violation of this policy may constitute adequate cause for discipline up to and including dismissal as outlined within the Employee Performance Deficiency and Progressive Discipline 3.0 policy.

7.3.2 Affiliates in violation of this policy may be disciplined as appropriate.

7.3.3 Retaliation Prohibited: The college prohibits any retaliation against any employee or student who has brought good-faith concerns to the attention of the college or who has participated in the investigation or resolution of such concerns.