At the heart of Marian University’s mission is providing our students with an excellent education in the Franciscan and liberal arts traditions. Our core Franciscan values—Dignity of the Individual, Peace and Justice, Reconciliation and Responsible Stewardship—also call us to create a campus environment that encourages, nurtures and supports student learning and development.
The interactions of students with faculty and staff are critically important aspects of their educational experience at Marian University. To ensure that those relationships are founded on mutual trust and respect, and that they are consistent with the University’s values, this policy articulates the University’s expectations regarding relationships between faculty or staff and students. This policy applies to all employees of Marian University (paid or unpaid), including but not limited to faculty members, administrators, staff, graduate assistants, coaches and volunteers.
When individuals involved in a consensual romantic or sexual relationship (which includes but is not limited to activities such as flirting, dating, sexting, “hooking-up”, committed romantic relationships as well as engagement and marriage) are in positions of unequal power at the university, there is the potential for a conflict of interest, favoritism and exploitation. These relationships may be less voluntary than the person with greater power perceives, or circumstances may change and conduct that was once welcome may become unwelcome. The fact that a relationship was initially consensual does not insulate the person with greater power from a claim of sexual harassment. Further, a person’s professional or academic reputation may suffer due to perceptions of favoritism or exploitation. Such relationships may lead to restricted opportunities, or a perception thereof, for others in the work or academic environment.
Consensual romantic or sexual relationships between faculty and students or staff and students, even absent any supervisory or evaluative authority, may lead to unanticipated conflicts of interest since a faculty member’s or staff member’s influence and power may extend beyond the classroom, department or team. Due to the institutional power differential in faculty-student and staff-student relationships, there is the inherent risk of coercion and the perception of exploitation.
Therefore, it is the policy of Marian University that when undergraduate students are involved, the difference in institutional power and the inherent risk of coercion are so great that no faculty member or staff member shall enter into or maintain a romantic, dating or sexual relationship with a Marian University undergraduate student, regardless of whether there is a supervisory or evaluative relationship between them.
Romantic or sexual relationships between faculty or staff and graduate/professional students are also problematic. Therefore, it is the policy of Marian University that no faculty or staff member shall enter into or maintain a romantic, dating or sexual relationship with a Marian University graduate or professional student who:
1. Is in an academic program in his/her school OR
2. Is under his/her direct or indirect supervision
“Supervision” is defined as overseeing, directing or evaluating the work of others and/or participating in decisions affecting the academic or professional career of another. For faculty, examples include teaching, formal mentoring, supervision of research, employment of a student as a research or teaching assistant, exercising substantial responsibility for grades, honors or degrees and considering disciplinary action involving the student. For staff, supervisory roles include managers, teachers, coaches, directors, deans, chairs, physicians, advisors, resident life staff, and teaching assistants.
Accommodations for pre-existing relationships between a faculty or staff member and a graduate/professional student will be considered on a case-by-case basis and, when possible, will lead to development of an appropriate plan in consultation with the department chair or supervisor and the appropriate Vice President, Senior Vice President or the Executive Vice President and Provost. Failure to comply with the required notification, removal of evaluative authority or management plan is a violation of this Policy.
Members of the President’s Leadership Team (all vice presidents and above), Deans, Chancellors and the Board of Trustees are strictly prohibited from entering into or maintaining a romantic, dating or sexual relationship with any Marian University undergraduate, graduate or professional student.
All on-campus Marian University students are provided with health care services through the Office of Student Health Services and the Office of Counseling and Consultation Services. Except in the case of an emergency or as noted below, all Marian University faculty and staff members (except those employed in the Office of Student Health Services or Office of Counseling and Consultation Services) are prohibited from providing any and all health care/medical services to any Marian University undergraduate or graduate/professional student at a Marian University campus facility or during a university activity. This prohibition includes providing health care/medical advice, treatment, prescriptions, medications, supplements, or herbal remedies of any kind. This also includes physical treatments, including osteopathic manipulative medicine, physical therapy, or treatment of athletic injuries, unless such treatment is provided under the direct supervision and direction of an independent licensed health care professional (such as an athletic trainer or physical therapist). In an emergency, faculty and staff members may render such health care/medical assistance to a student as they feel able to provide after contacting the Marian University Police Department at 317-955-6789 and/or calling 9-1-1. In all other non-emergency situations, faculty and staff members should refer students requiring health care or medical services to the Office of Student Health Services or Office of Counseling and Consultation Services.
Licensed health care professionals who, in addition to their duties at Marian University, provide health care services at off-campus facilities may, in the course of their regular duties at those facilities, provide health care services to any student who chooses to use those off-campus facilities for their health care needs. See the attached Code of Professional Conduct for Health Care Faculty for further clarification regarding this provision.
Marian University strongly encourages faculty and staff to become engaged with students outside of the classroom or workplace through extra-curricular and social activities. The University especially encourages faculty and staff to attend and participate in student-focused events and activities, such as athletic competitions, music, art and theatre performances, or exhibits and lectures. Other student-led programs, such as the Transformational Leadership Conference, also provide excellent opportunities for students to interact with faculty and staff on a personal level.
The University also recognizes that faculty and staff may occasionally wish to invite students to their home for a meal or other family-oriented activity. Marian University prohibits faculty and staff from providing alcoholic beverages to students under the age of 21 at any of these activities, prohibits serving alcohol to anyone if there are students present who are under the age of 21, and strongly discourages faculty and staff from providing alcoholic beverages to students if everyone present is over the age of 21 at these events.
The University recognizes that faculty and staff may seek to employ students to perform personal tasks for them and their families, including house or pet sitting. Students may be eager to do this work. However, the University discourages faculty and staff from engaging students for such work, especially if it is located at the home of the employee, because of the inherent risk of personal entanglement, unintended information exchange and misunderstanding about the scope of the student’s relationship with the faculty or staff member.
Faculty and staff may be asked to provide housing for a student on a short-or long-term basis (during a semester break, for example). This is strictly prohibited.
Occasionally, faculty and staff will travel with students, for athletic competition, academic conferences, etc. For liability reasons, faculty and staff are prohibited from transporting students in their personal vehicles. If using a rental car or van, Marian University strongly recommends that more than one faculty or staff member, and/or more than one student travel together.
Faculty and staff are strictly prohibited from sharing a room with a student while traveling.
There are three laws that establish responsibilities for employees of colleges and universities to report certain types of crimes and incidents, especially sexual misconduct—the Clery Act, Title VII and Title IX. Each of these areas of federal law has a different purpose, but generally the laws are intended to protect members of the campus community, visitors and guests from criminal or discriminatory behavior. Equally important, Marian University expects all faculty and staff to take all actions necessary to create a campus environment that encourages, nurtures and supports student learning and development, and that specifically means one that is free from criminal or discriminatory behavior.
Therefore, it is the policy of Marian University that all faculty and staff members are defined under these laws as “mandatory reporters” with regard to any alleged act of sexual harassment, discrimination or assault perpetrated against a Marian University student. Thus, when a faculty or staff member becomes aware of an alleged act of sexual harassment, discrimination or assault perpetrated against a Marian University student, he/she must promptly contact the Title IX Coordinator (Karen Candlish, kmcnulty2@marian.edu; 317-955-6190), the Deputy Title IX Coordinator in HR (Cassie Gardner, cgardner1@marian.edu; 317-955-6743), MUPD (317-955-6789) or his/her supervisor.
See the Marian University Mandatory Reporting Policy for additional details about this obligation. The policy can be found in the MUAC Student Success and Engagement section under Guides for Recognizing, Responding, Referring and Reporting.
Violations of this policy will be considered significant misconduct on the part of the faculty or staff member, and will be subject to institutional sanctions up to and including termination.
Faculty or staff with questions about this Policy are encouraged to consult with the University’s Title IX Coordinator, the Deputy Title IX Coordinator, the University’s General Counsel or his/her department chair, Dean, or supervisor.