Appendix L: Policy on Consensual Romantic or Sexual Relationships Between Faculty and Students

Adopted March 2002; revised July 1, 2018 and November 30, 2023

Duke University is committed to maintaining learning environments free from conflicts of interest, exploitation, and favoritism.

The integrity of the student-faculty relationship is of fundamental importance to the central mission of the university. Students look to their professors and other faculty mentors for guidance and depend upon them for advice, assessment, and advancement. Faculty-student romantic or sexual consensual relationships create the potential for abuse of authority and conflict of interest that can be actual, potential, and apparent.

Faculty-undergraduate student romantic or sexual relationships are problematic under any circumstance. The inherent power differential between faculty and undergraduate students undermines the possibility of meaningful consent. Such relationships introduce dynamics that detract from the educational mission of the University.

Faculty-graduate student romantic or sexual relationships are problematic if the graduate student is dependent upon the faculty member for access to funding, educational, research, or other professional opportunities.  This includes, for example, where a graduate student is dependent on the faculty member for research or publication opportunities, supervision of thesis or dissertation work, grading in a course, and assistance in pursuing job or other professional opportunities or if the student is supported by a grant or other award to the faculty member. In addition, consensual romantic or sexual relationships between faculty and graduate students may impede the education of students not directly involved in the relationship through real or perceived unfairness in treatment or evaluation and/or abuse of relationship power dynamics. However, a romantic or sexual relationship between a consenting faculty member and a consenting graduate student may be allowable if the faculty member and graduate student in question do not bear a real or perceived educational or professional relationship with one another, and with an appropriate relationship disclosure, approval, and conflict management plan in place.

Undergraduate Students

Duke University prohibits consensual romantic or sexual relationships between faculty members and undergraduate students enrolled in Duke University or participating in Duke programs.

Any violation of this policy with respect to undergraduates shall be deemed misconduct as that term is used in the Faculty Handbook. Violation of this policy may result in sanctions for the faculty member, including but not limited to, mandatory training or counseling, reprimand, probation, suspension, loss of privileges, demotion, removal of title(s), or termination. At the Dean’s discretion, the Dean may appoint an existing or ad hoc faculty committee to advise on sanctions. The relevant Dean shall determine sanctions for violations. The faculty member may appeal the Dean’s decision on sanction to the Provost.

Graduate Students

Duke University prohibits consensual romantic or sexual relationships between faculty members and graduate students except under either of the following circumstances:

1. if the relationship began prior to the faculty member and/or graduate student’s affiliation with Duke, including the student’s participation in pre-     matriculation programs; or
   
   
2. if the relationship began after the faculty member and/or graduate student’s affiliation with Duke, including the student’s participation in pre-matriculation programs, and the following four conditions are met:
   
   
   1. the faculty member and the graduate student are not affiliated with the same department, graduate program, research team, or research grant; and
      
      
   2. the faculty member has no current role, and is not expected to have any future role, with respect to teaching, supervising, advising, funding, mentoring, or evaluating this student; and
      
      
   3. the faculty member has no ongoing professional responsibilities associated with the student’s graduate program or a closely related/interconnected program (e.g., secondary appointment, teaching of courses, mentorship of other students in the program); and
      
      
   4. the faculty member reports the relationship in writing immediately to the relevant Dean(s), with copy to the Institutional Ethics and Compliance Program of the Office of Audit, Risk and Compliance (OARC) (https://oarc.duke.edu/), and represents to the Dean(s) that there are no reasons that require prohibiting the relationship; the relationship is approved by OARC and the Dean(s); and a conflict management plan is implemented and followed at all times.

A faculty member is not required to report consensual romantic or sexual relationships that fall into category (a), unless the faculty member and graduate student have affiliations in the same department, graduate program, research team, or research grant, in which case the steps outlined in section (b)(iv), above, should be followed.

A faculty member is required to report to the relevant Dean(s) any current consensual romantic or sexual relationships that fall into category (b); those relationships must adhere to a conflict management plan that is approved by the Dean(s) and OARC as described above. There is no obligation to disclose relationships that fall into category (b) to other faculty or graduate students.

All non-preexisting relationships between faculty members and graduate students who have affiliations in the same department, graduate program, research team, or research grant are prohibited. A faculty member who is contemplating, currently has, or has had a past romantic or sexual relationship with a graduate student is prohibited from teaching, supervising, mentoring, or evaluating the student. These prohibitions apply to all graduate students, including but not limited to those who are teaching assistants, research assistants, fellows, tutors, graders, and visiting scholars.

Any violation of this policy with respect to graduate students may be deemed misconduct as that term is used in the Faculty Handbook. Failures to report a consensual romantic or sexual relationship as required under category (b) or to adhere to management plans are violations of this policy that may result in sanctions for the faculty member, including but not limited to, mandatory training or counseling, reprimand, probation, suspension, loss of privileges, demotion, removal of title(s), or termination. The relevant Dean shall determine sanctions for violations. At the Dean’s discretion, the Dean may appoint an existing or ad hoc faculty committee to advise on sanctions. The faculty member may appeal the Dean’s decision on sanctions to the Provost.

Teaching Assistants, Research Assistants, Tutors, Graders, and Other Students Charged with Academic Instruction of Other Students

Consensual romantic or sexual relationships between any student charged with academic instruction and students receiving such instruction are prohibited. This applies to teaching assistants, research assistants, tutors, graders and any other students who provide academic instruction to any other student.

The relevant Dean or the Dean’s designee is empowered to address and remediate situations in which students charged with academic instruction are involved in a consensual romantic or sexual relationship with any student subject to such instruction. Remedial measures may include regrading exams or papers or no longer allowing a student to continue serving in an instructional role. The Dean may also refer the matter to the relevant student conduct process.

Ask a Question or Report a Concern

Students, faculty, staff and affiliates can report suspected violations of this policy by speaking with the dean, department head, academic dean or the director of graduate or undergraduate studies. One can also  contact OARC at 919.613.7630 or submit a report to the Office for Institutional Equity (OIE) by completing the following form: https://oie-duke-gme-advocate.symplicity.com/public_report/index.php/pid572003? or by sending an email to oie-help@duke.edu. OIE investigates potential violations of this policy. An anonymous report can also be made using the Speak Up line service provided 24 hours per day, 365 days per year, by toll-free call to 800.826.8109 or by submitting a web form at https://values.duke.edu/#speak-up.

Definitions

Duke: Duke University and related entities, including but not limited to the Duke University Health System.

Faculty Member: All Duke University regular rank faculty and all non-regular-rank faculty titles in the Faculty Handbook, faculty of other institutions when teaching at Duke or in Duke programs, and faculty of other institutions who participate in Duke academic matters affecting students (e.g., serving as an external reviewer on a Ph.D. committee).

Student: All those enrolled full-time or part-time in any program of Duke University and its various schools as well as visiting students who are supervised or co-mentored by Duke University faculty. For the purposes of this policy, a student’s status as “student” begins with their first participation in program activities, including pre-matriculation programs, and ceases at the time the student graduates or otherwise permanently separates from their educational program at Duke. Any reference to “graduate” students includes students pursuing a PhD, a masters, a professional degree (e.g., Doctor of Medicine (M.D.), Juris Doctorate (J.D.), Doctor of Physical Therapy (D.P.T.), etc.), or any other advanced degree through one of Duke University’s various schools.

Consensual Relationship: A dating, romantic, and/or sexual relationship willingly undertaken by the parties.

NOTE: Consensual relationships between employees, including between faculty members, and between non-faculty (staff) employees and students are covered under Duke Human Resources policies. For purposes of this policy, trainees such as postdoctoral appointees and graduate medical trainees are treated as employees.

In the May 2023 revision, Appendix Z became Appendix L.