Chapter 12: Policies Regarding Conduct in the Workplace

Emory has several policies regarding ethics and conduct that faculty should be familiar with including: 

• Equal Opportunity and Discriminatory Harassment Policy (1.3) 
• Standards of Conduct (4.62) 
• Sexual Misconduct Policy (8.2), and 
• Code of Business Ethics and Conduct (4.115) 

Further, Emory has established Open Door Policy (4.64)to provide timely resolution of employee problems, misunderstandings, and complaints while providing sufficient time for fact finding and clarification. 

Overview  

Emory University seeks to uphold the dignity and rights of all persons through fair treatment, honest dealing, and respect, thereby creating an environment of work, teaching, living, and learning that enables all persons to strive toward their highest potential. The University expects all members of its community—all faculty, staff and students—to act with integrity by avoiding situations that pose risks of conflict of interest, breach of trust, abuse of power, and/or breach of professional ethics. The University expects prompt disclosure of relationships that may pose such risks and implementation of appropriate steps to eliminate, reduce, or mitigate these risks. The University, in certain circumstances, permits the employment of individuals from the same family, or those involved in consensual romantic or sexual relationships. These types of relationships, however, can pose conflicts of interest; lead to inappropriate use of power and authority; increase the possibility of allegations of sexual harassment/misconduct; increase the possibility of a hostile or offensive academic or work environment; and/or infringe on the rights of others because of actual or perceived bias, partiality, or influence. To avoid actual or perceived conflicts of interest and their associated ramifications, the University, at a minimum, prohibits familial, consensual romantic or sexual relationships when they involve one individual who has supervisory or evaluative authority, either in an employment or academic capacity, over the other; and bans relationships between faculty and undergraduate students. This Policy will outline the prohibitions on relationships in the University’s employment and academic settings and the process for disclosing and reviewing such relationships. 

Applicability  

This policy is applicable to all Emory faculty, including non-academic and academic clinical faculty, as well as, faculty administrators; staff, including clinical staff, student patients, medical fellows and residents, and employees working in Student Health Services (at both the Atlanta and Oxford Campuses), Counseling and Psychological Services (CAPS), on the Atlanta Campus, Emory Continuing Education Program, and Counseling and Career Services (CCS) on the Oxford Campus.  This policy does not apply to tuition benefits of employees and their dependents. 

Policy Details  

1. Undergraduate Students  

In alignment with the goals of this Policy, the University prohibits consensual romantic and/or sexual relationships between faculty and undergraduate students because such relationships inherently pose conflicts of interest; lead to inappropriate use of power and authority; increase the possibility of allegations of sexual harassment/misconduct; increase the possibility of a hostile or offensive academic or work environment; and/or infringe on the rights of others because of actual or perceived bias, partiality, or influence. For the same reasons, the University also prohibits consensual romantic and/or sexual relationships between students and staff members with academic supervisory, evaluative authority, or instructional responsibilities and undergraduate students regardless of whether the staff member exercises academic or other authority over the undergraduate student.  

If such a relationship predates the undergraduate student’s acceptance and enrollment at the University (for example, a non-traditional undergraduate student), the relationship must be promptly disclosed to the appropriate department chair, dean, or the Office of Equity and Inclusion (in the case of a faculty member), or the Office of Human Resources (in the case of a staff member). This disclosure requirement applies whether or not the relationship involves supervisory, evaluative authority. Further in cases involving supervisory, evaluative authority, it is the responsibility of the party in the position of greater authority in the relationship as well as the individual to whom the relationship is reported to ensure that the party with greater power is removed from any supervisory, evaluative authority over the student. In extraordinary circumstances where removal of supervisory or evaluative authority is not possible, the parties must work with the appropriate department chair, dean, and the Office of Diversity Equity and Inclusion (in the case of a faculty member), or the Office of Human Resources (in the case of a staff member) to determine whether a written management plan can be developed and if so such plan is developed and implemented.  

Failure to comply with these procedures (i.e., notification, removal, or development/implementation of a management plan) is a violation of this Policy. Violations of this Policy may result in disciplinary actions which include, but are not limited to, termination under Paragraph 12(c) of the Statement of Principles Governing Faculty Relationships (in the case of faculty members) or Emory Policy 4.62 (in the case of staff members.  

This policy does not prohibit consensual relationships between graduate and undergraduate students unless the graduate student is serving in the role as the undergraduate student’s instructor. When a graduate student has a consensual relationship with an undergraduate student, while instructing the undergraduate student, the graduate student must promptly disclose the relationship to the appropriate department chair, dean, or other administrator and relinquish all instructional authority with respect to the undergraduate student.  

1. Consensual Romantic or Sexual Relationships between Faculty or Staff Members and Graduate/Professional Students  

The relationships between faculty member and graduate/professional student, as well as staff members and graduate/professional student, are at the foundation of the academic mission of the University. These relationships vest considerable trust in the faculty or staff member who, in turn, bear the responsibility to serve as mentor, educator, advisor, instructor, and/or evaluator. In discharging their responsibilities, each faculty and staff member is accountable for behaving in a manner that reflects the highest levels of professional responsibility, recognizes the dignity and worth of each person at the University, and protects the integrity of the graduate/professional student-faculty and graduate/professional student-staff relationships.  

For these reasons, a faculty or staff member must not engage in any consensual romantic or sexual relationship with a graduate/professional student while the faculty or staff member has academic supervisory, evaluative, or instructional responsibilities with respect to the graduate / professional student. Nor may a faculty or staff member assert any academic supervisory, evaluative, or instructional authority over a graduate/professional student with whom the faculty or staff member previously had a consensual romantic or sexual relationship.  

When a graduate/professional student-faculty member or graduate student-staff member consensual romantic or sexual relationship exists, has previously existed, or develops, the faculty or staff member must promptly disclose the relationship to the appropriate department chair, dean, or the Office of Equity and Inclusion (in the case of a Faculty member) or the Office of Human Resources (in case of a staff member) and relinquish academic supervisory or evaluative authority with respect to the graduate/professional student.  

If a consensual romantic or sexual relationship develops, the faculty or staff member must report the relationship promptly upon the beginning of the relationship to the department chair or dean, or Office of Equity and Inclusion (in the case of faculty members) or the Office of Human Resources (in the case of staff members) so that arrangements for alternative supervision, evaluation, or instruction can be made.  

If a consensual romantic or sexual relationship existed prior to the adoption of this Policy, accommodations will be considered on a case-by-case basis, and if necessary, will lead to the development of a management plan in consultation with the department chair, dean and the Office of Equity and Inclusion (for faculty members) or with the Office of Human Resources (for staff members). 

1. Policy on Familial Relationships  

Emory University permits the employment of individuals having familial relationships. However, employment within the same direct reporting line (supervisory, management) is prohibited for those having familial relationships. If such a relationship exists, the individuals involved must promptly disclose the relationship to the appropriate department chair, dean, or the Office of Diversity Equity and Inclusion (in the case of a faculty member), or the Office of Human Resources (in the case of a staff member).  

The Office of the Provost may make exceptions based on extenuating circumstances related to dual career hires of Deans and Faculty. Additionally, to avoid a conflict of interest or an appearance of conflict of interest, no employee may initiate or participate in, directly or indirectly, decisions involving a direct benefit, e.g., initial employment or rehire, promotion, salary, performance appraisals, work assignments or other working conditions to those having familial relationships. The University views any conflicts of interest arising from familial relationships as a serious matter which could lead to disciplinary action.  

1. Handling of Reports under this Policy 

The Provost, deans, department chairs, and other administrators should respond to reports of prohibited, romantic, or sexual relationships by inquiring further, and if such reports are determined to be accurate, initiating appropriate disciplinary action or remedial measures against the faculty or staff member involved. Violations of this Policy may result in disciplinary actions which include, but are not limited to, termination under Paragraph 12(c) of the Statement of Principles Governing Faculty Relationships (in the case of faculty members) or Emory University Human Resources Policy, 4.62, Standards of Conduct (in the case of staff members).  

1. Confidentiality 

Any institutional officials involved in the conduct of proceedings under this Policy, shall limit the disclosure of the information (including, but not limited to, the identity of the parties) to those who need to know in order to fulfill requirements of the Policy, fulfill any applicable Governmental Requirements (including required reporting or disclosures by other University units or committees under ancillary proceedings), respond to any subpoena or other legal request for information/materials, and to carry out any proceeding conducted under this Policy (or ancillary proceeding) in a thorough, competent, fair and objective manner. 

Emory University is committed to a workplace free from violence and threats of violence. The university will not tolerate threats of violence, acts of violence, harassment, intimidation, and any other form of disruptive behavior. Respect for the safety and welfare of others is an expectation of everyone within the university community. Therefore, any form of violence, whether actual or threatened, will not be tolerated (zero tolerance). This policy gives examples of workplace violence, provides procedures for reporting such acts, and addresses processes to deal with individuals who perpetrate such acts. 

Emory University is committed to the health and well-being of its staff, faculty and students. Emory adheres to the provisions of the Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act Amendment of 1988. Additionally, as an administrator of certain state-funded financial aid programs for students, Emory adheres to Georgia's Drug-Free Postsecondary Educational Act of 1990. Emory has therefore established certain standards for staff, faculty and students pertaining to alcohol and other drugs. These are detailed in this policy. Attention also is paid to the handling of violations of these standards, as well as confidential, professional services available through the Emory Faculty Staff Assistance Program (FSAP) regarding the abusive effects of alcohol and other drugs. 

To create an atmosphere that is consistent with Emory's mission and commitment to improve the health and wellness of members of the Emory community, Emory University and Emory Healthcare prohibit the use or sale of tobacco products in or on Emory-owned or Emory-leased property. The policy invites members of the Emory community (faculty, administrators, management, staff, and students) to assist in implementation by respectfully informing tobacco users of the policy. 

Emory University recognizes the serious health implications of both direct use of tobacco products and indirect exposure to the use of tobacco products. In order to create an atmosphere that is consistent with Emory's mission and commitment to improve the health and wellness of members of the Emory community, Emory University and Emory Healthcare (collectively "Emory") prohibit the use or sale of tobacco products in or on Emory-owned or Emory-leased property effective January 1, 2012.