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1 University of New Mexico
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Administrative Policies and Procedures Manual - Policy 2215: Consensual Sexual or Romantic Relationships

Date Originally Issued: 11-25-2014
Revised: 12-09-2020, 10-28-2022

Process Owner: University President

1. General

The University of New Mexico (UNM) strives to create and maintain a community that enables each person to reach their full potential. To do so requires an environment of trust, openness, civility, and respect. Sexual or romantic relationships may raise concerns of conflict of interest, abuse of authority, favoritism, and unfair treatment when both people are in the UNM work and/or academic environment, and one person (the Primary) holds a position of direct professional influence or authority over the other (the Secondary). These relationships may also affect others in the work or academic environment, undermining one party’s perceived integrity or ability to supervise or evaluate third parties or the other party’s perceived integrity or ability to be supervised or evaluated by a third party. These concerns exist even when the relationship is considered consensual by both individuals.

Therefore, UNM prohibits consensual sexual or romantic relationships within the University community in which one person holds a position of direct professional influence or authority over the other.  

This Policy does not apply to conduct that is defined as prohibited discrimination or sexual harassment, which are subject to the University Administrative Policies 2720: Equal Opportunity and Prohibited Discrimination and Related Misconduct (Interim) and 2740: Sex Discrimination Including Sexual Misconduct (Interim).

This policy applies to all members of the University community, including faculty, staff, students, and others who participate in the University’s programs and activities, whether on- or off-campus and including abroad. While it is meant to supersede all prior versions of University Administrative Policy (UAP) 2215, implementation of this policy does not prevent individual units from adopting an even stricter policy concerning consensual relationships.

2. Definitions

 For the purposes of this policy:

  • A “consensual sexual or romantic relationship” means a romantic, dating, amorous, and/or sexual relationship agreed to by the involved parties. Physical contact is not a required element of such relationships. The relationship may exist on the basis of a single interaction or be entirely online.
  • Consent may be difficult to assess or construed as coercive due to the inherent power differential of one person over the other. Please refer to 2720: Equal Opportunity and Prohibited Discrimination and Related Misconduct (Interim) and 2740: Sex Discrimination Including Sexual Misconduct (Interim) for additional definitions.
  • A “Primary” means a person in a consensual sexual or romantic relationship who holds direct professional influence or authority such as academic, supervisory, decision-making, advisory, and/or evaluative influence or authority over another in the relationship.
  • A “Secondary” means a person in a consensual sexual or romantic relationship who is subject to the direct professional influence or authority such as academic, supervisory, decision-making, advisory, and/or evaluative influence or authority of the Primary in the relationship.
  • “Direct Professional Influence or Authority” means one person (the Primary) directly holds a position of professional influence or authority such as academic, supervisory, decision-making, advisory, and/or evaluative influence or authority over the other (the Secondary).
  • “Prohibited Discrimination or Sexual Harassment” as defined and in, and subject to UAP 2720: Equal Opportunity and Prohibited Discrimination and Related Misconduct (Interim) and UAP 2740: Sex Discrimination Including Sexual Misconduct (Interim). Issues of reporting and confidentiality related to such policies are not applicable under this Policy, but rather under UAP 2720 and 2740.

3.  Prohibited Consensual Sexual or Romantic Relationships

A consensual sexual or romantic relationship exists when there is a romantic, dating, amorous, and/or sexual relationship that is agreed to by the involved parties. Physical contact is not a required element of such relationships, which may occur entirely online, and the relationship may be continuous or exist on the basis of a single interaction. Because of the possible adverse effects of a prohibited consensual sexual or romantic relationship – on its participants as well as fellow students, co-workers, colleagues, and others – UNM prohibits a faculty member, staff member, or student from engaging in a consensual sexual or romantic relationship with students, staff , or faculty over whom they have or might reasonably be expected to have direct professional influence or authority such as academic, supervisory, decision-making, advisory, and/or evaluative influence or authority. This prohibition is defined by the sexual or romantic nature of the consensual relationship, as well as the existence of direct professional influence or authority between the participants, and not the location of the behavior (which may be conducted on- or off- campus as well as through electronic media) or the frequency/duration of sexual or romantic relations. This prohibition does not mean that there is a total ban on consensual relationships of a sexual or romantic nature among members of the university community. Consensual sexual or romantic relationships that do not involve one party having direct professional influence or authority over another are not prohibited, and such relationships are excluded from the policy.

Examples of prohibited consensual sexual or romantic relationships may include, but are not limited to:

  • Faculty member and a student who the faculty member evaluates or supervises
  • Teaching assistant and student in their class
  • Supervisor and employee
  • Administrator and employee under their supervision
  • Faculty or Administrator with decision-making authority over faculty, staff, or student
  • Principal investigator and postdoctoral scholar or research assistant working on the project
  • Advisor and advisee
  • Coach and athlete
  • Mentor and trainee

Questions about this policy can be addressed to the offices of the Provost/Executive Vice President for Academic Affairs, Executive Vice President for Health Sciences,  Assistant Vice President for Human Resources, or Dean of Students. The Primary and the Secondary, as well as anyone affected by such a relationship, may also seek support and guidance from confidential campus resources such as Student Health and Counseling, HSC’s Learning Environment Office, the Women’s Resource Center, LGBTQ Resource Center, Counseling, Assistance, and Referral Services; UNM Ombuds Services.

There are three standard exemptions through which the policy accommodates pre-existing consensual, sexual or romantic relationships. Authorized exemptions are defined in the Standard Exemptions section below. An exemption is not automatic and must be requested in accordance with this Policy. Once an exemption is approved, a detailed management plan is required to ensure the relationship does not create a conflict of interest, abuse of authority, favoritism, or unfair treatment.

4.  Reporting Responsibility

The responsibility to report the existence of a prohibited consensual sexual or romantic relationship rests with the Primary.  Even if the Primary simultaneously seeks confidential or administrative support to handle the situation, the nature and duration of the relationship shall be reported to the Primary’s immediate supervisor within five (5) business days of the initiation of the relationship or the change in circumstances that results in the relationship being prohibited, regardless of whether the relationship has continued or the participants expect the relationship to endure.  Although the responsibility for reporting consensual sexual or romantic relationships rests with the Primary, the Secondary may also choose to report the relationship to the Primary’s immediate supervisor.

If, after the report is made, the supervisor of the Primary determines that the relationship is prohibited and is not eligible for an exemption (See Section 7), either the relationship shall end or the supervisor of the Primary will establish a new position of direct professional influence or authority over the Secondary. The new position of authority will take effect no later than five (5) business days after the supervisor’s determination, so as to end the prohibition as defined in this policy.  The supervisor of the Primary should endeavor to preserve the immediate and long-term educational opportunities, ability to meet program requirements, and career progression of students involved in a prohibited consensual relationship. In making these determinations, the supervisor should consult with their higher administrative office (e.g., Division of Human Resources, Office of Academic Affairs, or EVPHS).

Failure by the Primary to report a prohibited consensual sexual or romantic relationship to the appropriate authority within the required time frame is a violation of this policy and could result in employee sanctions in accordance with Faculty Handbook Policy: C07 for faculty, D175 or D176 for students, or UAP 3215 for staff.

5. Other Reporting Options and Non-Retaliation

Any individual who reasonably believes that a prohibited sexual or romantic relationship as defined by this policy has occurred, is encouraged to report the concern in accordance with University Policy and Procedures Manual  2200: “Reporting Suspected Misconduct and Whistleblower Protection from Retaliation,” which offers multiple avenues for reporting, including anonymous options. Any member of the UNM community who knowingly makes a false report of suspected misconduct or participates in any form of retaliation, may be investigated and subject to administrative action in accordance with UAP 2200.

6. Confidentiality 

Care must be exercised at all times to ensure confidentiality to the extent possible and to protect the privacy of all persons involved in the relationship, or in the reporting of the relationship. Every reasonable effort shall be made to preserve confidentiality, to provide information only on a need-to know basis, and to protect the privacy of all parties involved. The privacy of those who report a possible policy violation in good faith will be protected to the extent possible. Records involved in an inquiry or investigation shall be kept secure, and applicable state and federal law shall be followed regarding confidentiality of personnel records. If at any step in this Policy it is determined that no policy violation has occurred, efforts shall be undertaken to the extent possible and appropriate to fully protect, restore, or maintain the reputation of all parties (Primary, Secondary, and third-party reporters.)

As indicated above, this Policy does not apply to conduct that is defined as prohibited discrimination or sexual harassment, which are subject to UAP 2720: Equal Opportunity and Prohibited Discrimination and Related Misconduct (Interim) and UAP 2740: Sex Discrimination Including Sexual Misconduct (Interim) and therefore issues of reporting and confidentiality related to such policies are not applicable under this Policy, but rather under UAP 2720 and 2740.

For faculty and staff, all documentation (e.g., management plan) related to a consensual relationship should be maintained secure and separate from the University personnel files that are maintained on the parties to the relationship. Immediate supervisors should maintain documentation related to consensual relationships in the applicable personnel files at the lowest level possible, such as in the employee’s home department. Please refer to Faculty Handbook Policy C70 (“Confidentiality of Faculty Records”), or the relevant collective bargaining agreement.

7. Standard Exemptions

The following standard exemptions are designed to accommodate established relationships, while also addressing the situation to mitigate any conflict of interest, abuse of authority, favoritism, or unfair treatment.  In order for a specific consensual sexual or romantic relationship to qualify for an exemption, it must be reported by the Primary to their supervisor within the indicated time frame and conform to the requirements listed below. Development and approval of a management plan in accordance with Section 8 below is required for all exemptions discussed below.

7.1. An exemption may be allowed if the Primary’s relationship with a Secondary preceded the time when the Secondary became a UNM student.  The exemption must be requested by the Primary within five (5) business days of the date the Secondary becomes a UNM student.      

7.2. An exemption may be allowed if the relationship existed before the Primary was promoted, hired, or appointed to a position of direct professional influence or authority over the Secondary. This includes cases in which a faculty member's administrative or service obligations place the Primary in a position of temporary authority over the Secondary, which may result in the Primary's recusal from relevant authority or review functions, and must be specified in the Management Plan. The exemption must be requested within five (5) business days of the date the Primary officially begins the position of authority or evaluation.   

7.3. An exemption may be allowed if the relationship existed before the latest effective date of this Policy.  The exemption must be requested within sixty (60) calendar days of the latest effective date of this Policy.

8. Management Plan

The purpose of the management plan is to outline supervision and evaluation procedures that will mitigate possible conflict of interest, abuse of authority, favoritism, or unfair treatment.

8.1 Management Plan Contents

The Plan shall include but need not be limited to:

  • The rationale for the exemption, as affirmed by the applicable vice president, dean, or equivalent, with supervisory authority over the Primary.
  • Description of any measures already taken or approved for implementation to manage any conflict of interest potentially stemming from the relationship.
  • Reporting relationships, supervision, and evaluation that will assure that there will be no decision making based upon relationships in promotion, wage, hours, or other conditions of employment.
  • Anyone with supervisory, evaluative, or advisory influence or authority over the student should be recused from decisions impacting assessment and recommendation of the student.
  • Management of the approval and review process for University expenditures, to include travel, to preclude any potential appearance of conflict of interest, abuse of authority, favoritism, or unfair treatment.

8.2 Development and Approval of Management Plans

The management plan will be developed by the supervisor of the Primary, in consultation with both the Primary and Secondary. It is recommended that, in developing the management plan, the supervisor should consult with their higher administrative office (e.g., Human Resources, Office of Academic Affairs, or EVPHS). The management plan will be reviewed by the dean or director and adjusted as needed to protect all individuals impacted.  The management plan must be approved by the applicable dean/director, or vice president, and the Provost, Executive Vice President for Health Sciences, or Executive Vice President for Finance and Administration, and must be signed by all the involved parties.  After approval the management plan will be placed in the Primary party’s personnel file (see Section 6) for as long as the management plan is in force. 

If the relationship involves a Primary who holds supervisory authority, the Primary’s administrative supervisor shall perform the functions assigned in this section. For example, in the case of the President being the Primary, the functions would be performed by the Board of Regents.

8.3 Periodic Review

To ensure continuity, appropriateness, and adherence, a unit review of the approved plan should take place annually and in the event of any germane change in personal or reporting relationships.  This review will determine whether the terms of the plan adequately manage the situation.  If it is determined the Plan does not adequately manage the situation, the Plan must be revised to address the identified conflict(s).

9. Policy Violations 

Violations of this Policy will be considered misconduct and will result in sanctions in accordance with the applicable UNM discipline policy. 

For faculty: 

  • Faculty Handbook Policy C07 “Faculty Misconduct and Progressive Discipline Policy”, or as provided in applicable collective bargaining agreements

For staff: 

  • University Administrative Policies and Procedures Manual Policy 3215: “Performance Improvement”  

For students: 

  • Faculty Handbook Policy D175 “Undergraduate Student Conduct and Grievance Procedures” 
  • Faculty Handbook Policy D176 “Graduate and Professional Student Conduct and Grievance Procedures” 

Prompt reporting to the appropriate authority about the existence of a consensual sexual or romantic relationship by the Primary will mitigate potential sanctions.  Non-disclosure, violating a management plan, or continuing in a relationship that has been found to violate the policy may result in sanctions for the Primary.  

10. Related Policies 

Faculty Handbook Policy C07 (“Faculty Disciplinary Policy”)

Faculty Handbook Policy C30 (“Employment of Relatives”)

Faculty Handbook Policy C70 (“Confidentiality of Faculty Records”)

Faculty Handbook Policy D175 (“Undergraduate Student Conduct and Grievance Procedures”)

Faculty Handbook Policy D176 (“Graduate and Professional Student Conduct and Grievance Procedures”)

UAP 2200 (“Reporting Suspected Misconduct and Whistleblower Protection from Retaliation”)

UAP 3210 (“Recruitment and Hiring”)

UAP 2740 (“Sex Discrimination Including Sexual Misconduct (Interim)”)

UAP 3215 (“Performance Improvement”)