Running head: CONSENSUAL RELATIONSHIPS IN GEORGIA COLLEGES AND

Consensual Relationships in Georgia Colleges and Universities

Laura Holder, Megan Bearden, Donna Carney
Georgia Southern University
Higher Education Policy
EDLD8435
Dr. Devon Jensen
October 31, 2011

CONSENSUAL RELATIONSHIPS IN GEORGIA COLLEGES AND

Consensual Relationships in Georgia Colleges and Universities

A consensual relationship is one in which two people are involved by mutual consent in a
romantic and/or sexually intimate relationship. Colleges and universities have set up policies
and procedures on how to handle consensual relationships between faculty, staff, and students.
In a relationship between an instructor and a student, the relationship may be looked upon as
questionable because the instructor has authority over the student. Faculty and staff members are
expected to avoid conflicts of interest and favoritism and are to handle relationships in a
professional manner as they have potential to disturb an academic or work environment.
According to the American Association of University Professors website, colleges and
universities tend to have one of three kinds of policies regarding consensual relationships ("Legal
Issues in the Classroom," 2003). The policies are: absolute prohibitions, limited bans on
faculty-student supervisory relationships, and staunch discouragement.
Emory University is a private university located in DeKalb County, Georgia. Emorys
fall 2011 enrollment figures show they have 13,893 students ("Emory Facts and Figures," n.d.).
Emory University believes relationships between students and teachers carry risks of conflict of
interest and breach of professional ethics. Teachers are not allowed to enter into a consensual
relationship with a student while in a position of academic supervisory capacity over the student.
If a relationship has previously existed or exists between a student and teacher, the teacher must
not participate in any type of evaluative or supervisory academic activity with respect to the
student. Emory realizes that amorous relationships are going to happen in the life of the
university. When creating Emorys policy, the administration wanted to make sure when
relationships develop, they do not interfere with professional obligations. As long as the couple

CONSENSUAL RELATIONSHIPS IN GEORGIA COLLEGES AND

is not in a supervisory or evaluative position, the relationships can happen ("Emory takes
stance," 1999).
North Georgia College & State University, located in Dahlonega, Georgia, was
established in 1873 as the states second oldest university and first to admit women. It is
classified within the University System of Georgia as a public coeducational university. North
Georgia College places a strong emphasis on liberal arts, as well as pre-professional, professional
and graduate programs. With more than 6,000 students, they focus on personal attention from
professors and fostering close relationships among students. Under the institutions
Fraternization policy, the processes of academic evaluation and work assignments are an integral
part of the University and these processes can be interfered with or hindered by consensual,
asymmetrical-power relationships. The specific policy statement states that these relationships
are subject to disciplinary action with due process requirements up to and including dismissal
(North Georgia College & State University Faculty Handbook, 2007). The university does not
prohibit legal relationships among consenting adults, but it makes employees aware these
relationships may cause conflicts of interest, and potential risks or ramifications may occur and
should be avoided when possible.
Georgia Perimeter College (GPC) was established in 1964 and is located in Decatur,
Georgia. GPC has five campus locations in metro Atlanta and falls under the University System
of Georgia. This institution is classified as a state college, specifically as a regional
nonresidential 2 and 4-year multi-campus institution. GPCs main policy of Investigation and
Discipline of Faculty Misconduct states that faculty members who engage in misconduct are
subject to disciplinary action (Georgia Perimeter College Policy Manual, 2011). Supervising or
exercising influence over a student or employee while involved with the individual in a romantic

CONSENSUAL RELATIONSHIPS IN GEORGIA COLLEGES AND

or sexual relationship is a violation of school policy. The institution revises and implements
policies based on the governing foundation from the USG and Board of Regents, in order to
preserve the mission of GPC and avoid liability that these relationships could bring forth
involving legal issues. Having multiple campus locations makes it difficult to monitor every
instance that occurs; therefore, clearly stated policies generates awareness of what actions are
acceptable and what actions will result in disciplinary action.
Georgia Southern University (GSU) is a public four-year, Carnegie Doctoral/Research
institution located in Statesboro, Georgia. Founded in 1906, GSU offers a wide range of degrees
from baccalaureate to doctoral, including online programs (Georgia Southern University, n.d.).
Consensual relationships between students and faculty or staff are forbidden in any situation
where the professional exercises authority. The University believes the consensual relationships
between students and professionals can lead to a conflict of interest or the risk of sexual
harassment cases. Clearly stated in the official GSU policy, the faculty or staff member will
assume full responsibility for any negative outcome of a relationship with a student
(Professional Expectations, n.d.).
Agnes Scott College was founded in 1889 as a womens college during an educational
movement by the Presbyterian Church in Decatur, Georgia. It was the first institution in the
state of Georgia to receive regional accreditation (History and Traditions, n.d.). Consensual
relationships are clearly outlined in the policies laid down by the college. Relationships
between undergraduate students and faculty are strictly prohibited. The college fears the student
will lose their educational experience and faculty could jeopardize their career. However,
relationships between graduate students and faculty members, who are not in the same degree
program, are only discouraged by the college. The final distinction of consensual relationship is

CONSENSUAL RELATIONSHIPS IN GEORGIA COLLEGES AND

made regarding pre-existing relationships. In this case, the college must be informed and
arrangements will be made to disallow the supervisory status between the student and faculty
(Human Resources Policies, n.d.).
Over the last two decades, higher education institutions have developed these policies to
govern the relationships between faculty and students, which is not a new subject among
universities, but different state systems and institutions can take various approaches to this issue.
Adoption and implementation of these policies does not occur without controversy and many
institutions take different approaches to governing these policies. Justifications can be
preservation of the mission of the institution, promotion of an effective learning environment,
provision of short and long-term economic and reputational safeguards, and protection of the
institution towards potential liability for sexual harassment claims (Fleming, Cooley, &
McFadden-Wade, 2009, p. 129). Each justification serves as a notion to ensure success of the
institution and provide a quality atmosphere of learning for its students.
The U.S. Supreme Court, governing statutes under Title IX and the claim based on 42
U.S.C. Section 1983 and state law claims are not directly specified for consensual relationships,
but have contributed to expansion of policies in higher education. The extent of relationships has
been a controversial issue in higher education bringing extensive media attention to unacceptable
relationships. Media attention and university justifications have caused many institutions within
the last twenty years to enact consensual romantic relationship policies governing the professorstudent relationship (Fleming et al., 2009, p. 139). Therefore, higher education institutions
should carefully address the legality towards implementation, as well as possible liability toward
these policies, while continuing to focus on the educational mission of the institution.

CONSENSUAL RELATIONSHIPS IN GEORGIA COLLEGES AND

References
Agnes Scott College. (n.d.). Retrieved October 26, 2011, from
http://www.agnesscott.edu/about/traditions
Agnes Scott College. (n.d.). Retrieved October 26, 2011, from
http://www.agnesscott.edu/about/employment/hr/hrpolicies.aspxAAUP: Legal issues in
the classroom. (2003). Retrieved October 21, 2011 from
http://aaup.org/AAUP/programs/legal/topics/classroom-issues.htm?PF=1
American Association of University Professors. (n.d.). Retrieved October 25, 2011, from
http://www.aaup.org/AAUP/about/
American Association of University Professors. (n.d.). Retrieved October 25, 2011, from
http://www.aaup.org/AAUP/programs/legal/topics/classroom-issues.htm
Emory University facts and figures. (n.d.). Retrieved October 30, 2011 from
http://www.emory.edu/home/about/factsfigures/index.html
Emory University. (n.d.). Retrieved October 30, 2011 from
http://en.wikipedia.org/wiki/Emory_University
Emory takes stance on teacher-student romances. (1999). Retrieved October 26, 2011 from
http://www.emory.edu/EMORY_REPORT/erarchive/1999/September/erseptember.20/9_2
0_99new_policy.html
Equal opportunity and affirmative action. (n.d.). Retrieved October 26, 2011 from
http://www.ggc.edu/about-ggc/careers/equal-opportunity-and-affirmative-action.html
Fleming, M. B., Cooley, A. H., & McFadden-Wade, G. (2009). Legal implications surrounding
university policies enacted to govern the consensual professor-student relationship.

CONSENSUAL RELATIONSHIPS IN GEORGIA COLLEGES AND

Southern Law Journal (29). Retrieved October 27, 2011 from
http://www.southernlawjournal.com/2009/08_Fleming-Cooley-McFadden-Wade.pdf
Georgia Perimeter College Fact Sheet (2009). Retrieved October 26, 2011 from
http://www.gpc.edu/News_and_Information/fact.php3#data
Georgia Perimeter College Policy Manual (2011). Retrieved October 26, 2011 from
http://depts.gpc.edu/governance/policymanual.html
Georgia Southern University. (n.d.). Retrieved October 28, 2011, from
http://www.georgiasouthern.edu/about/mission.html
Georgia Southern University. (n.d.). Retrieved October 28, 2011, from
http://academics.georgiasouthern.edu/provost/handbook/section200_1_17
North Georgia College & State University Campus Information (2011). Retrieved October 27,
2011 from http://www.northgeorgia.edu/about/
North Georgia College & State University VP of Academic Affairs (2011). Faculty Handbook.
Retrieved October 27, 2011 from
http://www.northgeorgia.edu/AcademicAffairs/facultyhandbook.aspx
Section 32: Policy on consensual teacher-student relationships. (n.d.). Retrieved October 26,
2011, from
http://www.med.emory.edu/gme/housestaff/housestaff_policies/section32.html