Applies To: Faculty, Staff, Students, Visitors
Responsible Office: VP, Strategic Initiatives & Organizational Effectiveness / Chief of Staff
Related Documents: Student Code of Conduct; Non-Harassment, and Non-Retaliation; Title IX Sexual Harassment; Procedures for Addressing Title IX Sexual Harassment Complaints
Policy Statement
Mitchell Hamline School of Law (the “School”) is committed to maintaining a learning and working environment free from conflicts of interest, favoritism, exploitation, coercion, and the misuse of actual or perceived authority.
Intimate, romantic, or physical relationships between employees (who are not student workers) and students are prohibited except as specifically provided in this policy. Familial or business relationships between employees and their supervisors are similarly prohibited except as specifically provided in this policy. Other problematic relationships may include relationships that raise concerns regarding conflicts of interest, favoritism, exploitation, coercion, or the misuse of actual or perceived authority.
Nothing contained in this policy limits any rights of the School or in any way restricts the School from investigating any claim or concern that may fall under the prohibitions identified in this policy, regardless of whether a complaint is made under this policy. The School in its discretion can take immediate interim remedial action in appropriate circumstances. Nothing in this policy precludes an individual or the School from communicating with a local, state, or federal criminal authority or human rights agency.
A. Intimate Relationships Between Employees (who are not student workers) and Students Defined and Prohibited
The School is committed to maintaining a learning environment as free as possible from conflicts of interest, favoritism, and exploitation. Similarly, the School is committed to protecting the actual and perceived integrity and objectivity of its employees in the performance of their job duties.
There are inherent risks in any intimate, romantic, or sexual relationship between individuals in unequal positions (such as faculty member and student, or supervisor and student workers). These relationships can be less consensual than perceived by the individual whose position confers power. The relationship can also be viewed differently by each party, particularly in retrospect. Circumstances can change and conduct that was once welcome in the relationship can become unwelcome. Even when both parties have initially consented to romantic or sexual involvement, the possibility of a later allegation of a relevant policy violation still exists.
Additionally, these relationships and conduct create the following: ethical concerns due to the power imbalance between the parties; conflicts of interest; potential coercion and abuse of power by one of the parties; and possible diminishment of the learning environment for both the student involved in the relationship and other students.
Therefore, unless a written exemption from the Designated Official is obtained by both the student and employee, any intimate, romantic or sexual relationship between a student and an employee who is not a student worker is prohibited at Mitchell Hamline School of Law.
An employee involved in such a relationship, including a relationship existing prior to the adoption of this policy, must bring it to the timely attention of their supervisor and the Designated Official and a written request for an exception must be promptly made to the Designated Official.
Where appropriate, the Designated Official in their discretion may grant the parties involved a written exemption detailing any educational or workplace limitations, such as defining that the employee will hold no supervisory or evaluative responsibilities over a student.
Employees who violate this policy are subject to discipline up to and including dismissal from the School.
B. Familial or Business Relationships Between Employees with Supervisory Responsibilities or Educational Influence Over an Employee or Student
Familial, business, financial, or other close personal relationships may also create actual or perceived conflicts of interest when one individual has authority or influence over another individual's employment, academic standing, evaluation, supervision, compensation, financial aid, or other institutional interests.
Employees must disclose such relationships to the Designated Official when an actual or potential conflict of interest exists. The School may take appropriate steps to eliminate or manage the conflict, including modifying supervisory, evaluative, instructional, advisory, or decision-making responsibilities.
C. Defined Policy Terms
- "Reporting Party" means a person (or persons) who allege(s) a violation of this policy.
- "Report" means an allegation of a violation of this policy made to the Designated Official. Reports can be made by telephone, via email, or in person.
- "Confidentiality" means that the Reporting Party and Responding Party or Investigator shall not reveal or provide any information about a Report or the proceedings under this policy to anyone not directly involved in these proceedings except as this policy or legal rights may allow or with a need-to-know to implement the policy. Nothing in this policy prohibits an individual from communicating with a local, state, or federal criminal authority or human rights agency. Confidentiality by the Designated Official and the School administration will be maintained as is reasonable and appropriate but cannot be guaranteed.
- "Days" when used in a relationship to time limits means working days (not calendar days), unless otherwise specified.
- "Designated Official" means the Assistant Vice President (AVP) for Human Resources or the Dean of Students or their designee. If a Report is brought against either the AVP for Human Resources or the Dean of Students, or if a factual basis exists supporting a claim of bias or conflict of interest, the other individual shall assume the role of Designated Official.
- “Familial or Business Relationship” means a relationship where parties are spouses, domestic partners, significant others, parent and child or spouse of a child, siblings or spouse of a sibling, grandparent and grandchild or spouse of a grandchild, these same relationships by marriage or domestic partner, or any person who resides in the same household or a relationship where one party provides or works for a company or organization who provides goods or services to the School.
- “Intimate Relationship” means an intimate, romantic, dating, or sexual relationship, including a relationship involving romantic or sexual involvement, whether casual, occasional, or ongoing.
- "Investigator" means the individual that may be selected by the Designated Official to investigate the Report.
- "Parties" means the Reporting Party(s), the Responding Party(s), and, where the Designated Official deems it warranted, a designee of the Designated Official (such as in certain cases where a Reporting Party is unwilling or unable to move forward with a report). School counsel, internal or external, may at any time participate in proceedings under this policy.
- "Responding Party" means a person (or persons) against whom a violation of under this policy is alleged.
I. Designated Official
Responsibility for implementation of this policy shall rest with the AVP for Human Resources, or designee, who shall serve as the Designated Official for matters in which the reporting party is a faculty member, staff member, or campus visitor. The Dean of Students or their designee shall serve as the Designated Official with responsibility for implementation of this policy when the reporting party is a student.
The Designated Official will determine the applicability of this policy. The Designated Official will review the Report to determine whether to apply this policy or another School policy. Similarly, the Designated Official may determine that the Report will be deferred pending the outcome of proceedings under another policy or deferred pending the resolution of the processes of another forum, or for any other reason. (See Section II. A)
The Designated Official is responsible for the proper implementation of the Report and investigation procedure under this policy. An exception to the delegation to the Designated Official will occur when: (1) a Report is brought by or against the Designated Official; (2) the Designated Official has a personal friendship that extends to interaction outside of the School setting or a familial or external professional relationship with the Reporting Party or Responding Party; or (3) the Reporting Party or Responding Party provides notification and factual bases supporting a claim of bias or conflict of interest on the part of the Designated Official.
Such reports are to be referred to the alternate Designated Official (Dean of Students for employees and AVP for Human Resources for students) within five (5) days of making or receiving notice, respectively, of a Report, and the alternate designated official determines that the AVP for Human Resources or the Dean of Students will not serve in the role of Designated Official for the proceedings at issue.
No one shall be permitted to serve as part of the investigative process or as a decision maker regarding an alleged policy violation or any sanction for such if the Report is made against that person or if the person has a personal friendship that extends to interaction outside of the School setting or a familial or external professional relationship with the Reporting Party or Responding Party. Under such circumstances involving a decision maker under this policy, the Designated Official shall consult with the AVP for Human Resources in the identification of an alternate. The Parties to the Report may obtain from the Designated Official at any time the name of any Investigator assigned to a Report.
II. Reviews Under This Policy
A. Delegation or Deferral of Reports to Other Policies or Forums
The Designated Official will determine the applicability of this policy. The Designated Official will review the Report to determine whether to apply this policy or another Mitchell Hamline policy. Similarly, the Designated Official may determine that the Report will be deferred pending the outcome of proceedings under another policy or deferred pending the resolution of the processes of another forum, or for any other reason. By way of example only, Reports or Reports determined to allege sexual harassment, as defined under the Title IX Sexual Harassment policy, will be reviewed under that policy.
- Reports under this policy where the Responding Party(s) is a student shall be guided and conducted in accordance with the Student Code of Conduct.
- Reports where a Reporting Party has filed, has threatened or anticipated to file, a legal action, report or charge in any court of law or with any administrative agency, including, for example, with the Office for Civil Rights, Minnesota Department of Human Rights or the Equal Employment Opportunity Commission, may be deferred pending the outcome of those proceedings or delegated to the General Counsel, internal or external, or designee.
The Designated Official may determine at any time and at any stage of the process that a report should be delegated or deferred. The determination as to whether a report is delegated or deferred in favor of another policy or forum lies wholly in the sole discretion of the Designated Official. If the Designated Official determines that a Report is to be delegated to a process under another School policy, the Designated Official will notify the Parties. In the event of a delegation, the Reporting Party is encouraged to initiate a report under the policy specified by the Designated Official in order to facilitate the review of the Report.
In the event that the Designated Official determines that a Report is to be deferred pending a process under another School policy or another forum, the Designated Official will notify the Parties. All applicable School processes and timelines will be stayed until the deferral is removed unless the Designated Official otherwise notifies the Parties. If the deferral is removed, all School timelines will commence upon the date of the Designated Official's written notification that the deferral has been removed, and the Report is eligible to move forward. Filing a Report under this policy does not preclude the individual from filing a report with an external agency or in another forum.
B. Failure to State a Claim or Bad Faith Reports
The Designated Official shall review a Report made under this policy to determine if the facts alleged, even if true, would not establish a violation of this policy that would warrant the institution of further proceedings. For Reports asserted anonymously, the Designated Official also shall determine whether the facts alleged are able to be verified. Should the Designated Official determine that the Report would not give rise to a policy violation, or the underlying facts are unable to be verified due to the Reporting Party's anonymity, the Designated Official may determine that the Report does not state a claim that warrants further proceedings and the proceedings under this policy will terminate. Depending on the nature of the allegations or circumstances giving rise to the issue, however, the Designated Official may move forward with these procedures even where a Reporting Party chooses to remain anonymous.
The Designated Official also shall review a formal Report to assess whether, on its face, the Report has been brought in good faith. Should the Designated Official determine that the Report is made in bad faith, the Report may still be reviewed on its merit because the School reserves all rights to investigate and address the facts underlying both the Report and the making of the Report.
C. Report Initiation
All allegations must be forwarded by the Reporting Party to the Designated Official to put the School on notice of a Report under this policy. Written Reports that are signed and dated are preferred. A written report may be submitted via email.
Oral reports will also be accepted by the Designated Official. In accepting an oral report, the Designated Official will gather the information required by the attached report form, prepare the written Report, and request that the Reporting Party sign the document so prepared. A Reporting Party who chooses not to sign the document may adversely impact the School's ability to investigate and address the Report. Reports may be made anonymously through the online form, although this may adversely affect the School's ability to investigate and address the Report. All documents relevant to the Report must be provided by the Reporting Party to the Designated Official at the time the Report is initiated. Failure or refusal to provide complete information pursuant to this policy may compromise the process or result in the Designated Official's decision to terminate the process at any point.
Any investigation under this policy will be taken seriously and could have significant consequences for any person found to be in violation of the policy.
Reports Must Be Received by the Designated Official to Put the School on Notice
Reports or information received by individuals in the School other than the Designated Official which implicate this policy may be addressed as the School deems appropriate, but do not put the School on notice of a Report under this policy. Addressing a concern with a colleague, your supervisor, or academic advisor does not serve to initiate a Report under this policy or provide notice to the School of a report.
D. Report Procedure
The School encourages the prompt reporting of reports or concerns so that rapid and constructive action can be taken before relationships become irreparably strained. Therefore, while no fixed reporting period has been established, early reporting and intervention have proven to be the most effective method of resolving actual or perceived incidents of intimate relationships between employees (who are not student workers) and students.
E. Resolution
Reports involving student respondents shall be guided and conducted in accordance with the Student Code of Conduct.
Reports involving employees and visitors: Any reported allegations of a violation of this Policy by employees or visitors will be investigated promptly. The investigation may include individual interviews with the parties involved and, where necessary, with individuals who may have observed the alleged conduct or may have other relevant knowledge.
The School will maintain confidentiality throughout the investigatory process to the extent consistent with this policy and adequate investigation and appropriate corrective action.
Retaliation against an individual for reporting an alleged violation of this policy or for participating in an investigation of a report of such a violation is a serious violation of this policy and, like a violation itself, will be subject to disciplinary action. Acts of retaliation should be reported to the Designated Official immediately and will be promptly investigated and addressed.
Misconduct constituting intimate relationships between employees (who are not student workers) and students will be dealt with appropriately. Responsive action may include training, referral to counseling, or disciplinary measures- such as a warning, reprimand, withholding of a promotion or pay increase, reassignment, temporary suspension without pay, or termination-as warranted by the circumstances and determined in accordance with applicable due process requirements. For staff, such determinations will be made by the employee's supervisor in collaboration with the AVP for Human Resources. For faculty, determinations will be made by the Vice Dean or designee in accordance with applicable faculty policies, handbooks, and collective bargaining agreements, as applicable.
If a party to the report does not agree with its resolution, that party may appeal to the designated appellate authority. Appeals by students will be directed to the AVP for Human Resources or their designee. Appeals by employees or visitors will be directed to the Dean of Students or their designee.
False and malicious reports, or retaliation (as opposed to reports that, even if erroneous, are made in good faith) may be the subject of appropriate disciplinary action.
III. Record Keeping
The Designated Official will maintain all files and records created in connection with a report under these proceedings. Apart from documented remedial measures, these files will be kept separate from regular student and employment files. Investigators and decision-makers in subsequent investigations of other cases involving any of the same parties may obtain these records. The School affirms its right to use these records in any kind of administrative, investigative, governmental, or judicial proceedings in which they are relevant or necessary.
Disclaimer
Mitchell Hamline policies are for informational purposes and to set expectations and do not constitute a contract, either express or implied, with any employee, student, or third party. Subject to applicable law, Mitchell Hamline reserves the right to amend, modify, or terminate any of the policies or procedures described herein, in whole or in part, at any time, with or without prior notice, at its sole discretion. Mitchell Hamline also may choose not to apply a policy in certain circumstances if it determines a different course of action is more appropriate.