I. Policy Summary
The University of California, Berkeley is committed to maintaining an environment where all people who participate in University programs and activities can work and learn together in an atmosphere free from conflicts of interest, favoritism, and exploitation. This policy addresses romantic relationships and/or sexual interactions that, although consensual, may create actual and/or perceived conflicts of interests, and create the possibility for exploitation or favoritism.
The University recognizes that consenting individuals associated with the University are free to enter into personal relationships of their choice. However, a consensual relationship that might be appropriate in other circumstances is inappropriate and poses a potential conflict of interest when one individual has responsibility for supervising, directing, overseeing, evaluating, advising, or influencing the employment or educational status of the other. Effective steps must be taken to eliminate the appearance of and/or actual conflicts of interest due to consensual relationships. It is always the responsibility of the “Individual in Authority” (see Section II. Definitions) to maintain appropriate professional boundaries. Individuals in Authority are expected to be aware of their professional responsibilities and to avoid apparent or actual conflict of interest, favoritism, or bias.
In addition, individuals in authority may create a sexually hostile environment and thus should avoid situations that adversely affect the working or learning environment of others.
II. Definitions
A. Consensual relationship
A consensual relationship, for purposes of this policy, is defined as one in which individuals are involved by mutual consent in romantic, physically intimate, and/or sexual relations. This definition includes domestic partners and spouses.
B. Consent
According to the University of California Policy on Sexual Violence and Sexual Harassment, consent is affirmative, conscious, voluntary, and revocable. It is the responsibility of each person to ensure they have affirmative consent to engage in romantic, physically intimate, and/or sexual activity.
C. Individual in authority
An individual who has actual or perceived responsibility under a University program or activity to supervise, direct, instruct, oversee, evaluate, advise, coach, mentor, tutor, and/or the ability to influence the employment or educational status or opportunities of, make financial award decisions on behalf of the University, or commit University resources to the other(s) in a consensual relationship.
III. Scope of Policy
This policy affects all UC Berkeley affiliates, including students, employees, and volunteers in University programs. Relationships covered by this policy include, but are not limited to, relationships between supervisor and supervisee; faculty and staff; faculty and student (in situations not covered by Academic Personnel Manual Section 015); coach and student; student and student; and staff or postdoctoral scholar and other staff, other postdoctoral scholar, or other employee.
Examples of consensual relationships covered by this policy include, but are not limited to, relationships between:
A. An individual in a supervisory position (meaning any person in a position of authority over another– including to evaluate or oversee task performance) and a subordinate employee (meaning any person working under the supervisor);
B. The head of a department/unit/office and a subordinate employee in the same department (such as a Dean and a faculty member in a unit overseen by that Dean, or the Director of an administrative unit and a staff member in the same unit), even if the Individual in Authority does not directly supervise the other person in the relationship;
C. A University employee and student (where there is an instructional, coaching, mentoring, advisory, or employment relationship between them);
D. A University employee and client where such relationships involving professional employees, including doctors or other healthcare workers and their clients, or between counselors and counselees, are prohibited by state or federal law or by applicable licensing requirements, they are likewise prohibited by UC Berkeley policy;
E. An instructor (meaning anyone who teaches at UC Berkeley--faculty members and others who have instructional duties, including lecturers and graduate or undergraduate students with teaching, advising, or tutorial responsibilities) and a student (meaning any person studying with or receiving advising from the instructor, including interns);
F. Athletics personnel (including coaching staff, training and medical staff, and anyone involved in making recruitment decisions) with supervisory responsibility over student-athletes and a student-athlete.
Faculty are also covered by additional requirements in Academic Personnel Manual Section 015(the Faculty Code of Conduct, or APM-015). Other members of the campus community, such as health care providers, may be covered by additional legal and/or licensure requirements with regard to their relationships with clients or patients.
IV. Procedures
A. Faculty-student relationships. The Academic Personnel Manual Section 015, Part II Sections A.7 & 8, make it unacceptable for faculty to enter into a romantic or sexual relationship with any student over whom a faculty member has, or should in the future reasonably expect to have, academic responsibility (instructional, evaluative, or supervisory).
B. Student employee/instructors-student relationships. Student employees, including graduate student instructors, undergraduate student instructors, and student instructors of student-facilitated courses, such as DeCal courses, are considered Individuals in Authority in their instructional capacity and must follow the procedures as outlined in this policy.
C. Eliminating conflict of interest due to a consensual relationship. The Individual in Authority must immediately recuse themselves from responsibilities for and decision-making about an individual with whom they are engaged in a consensual relationship, to ensure a conflict of interest does not exist.
The Individual in Authority must also notify their supervisor and the appropriate central Human Resources office (see Section IV. D) so that appropriate steps are put in place as described in the following paragraph. Failure to provide timely notification will be considered a violation of this policy and may result in disciplinary action.
Supervisors who learn of potential conflicts covered by this policy must promptly notify the appropriate Human Resources unit for the Individual in Authority (see Section IV, D.). The Office for the Prevention of Harassment and Discrimination (OPHD) will also advise on the measures to ensure consistency.
Such steps may include but are not limited to:
- Transfer of either individual to another position;
- Transfer of supervisory, decision-making, oversight, evaluative, or advisory responsibilities to another employee or team of employees;
- Providing an additional layer of oversight to the supervisory role; or
- Recusal by the individual in authority from decisions regarding the status of the employee, student, client or vendor.
- Establishment of a Memorandum of Understanding (MOU) that specifies “in lieu authorities” for designated functions in which a conflict of interest would arise. The MOU should be signed by the Individual in Authority and their supervisor, the organization unit head, and/or the central Human Resources office (see Section IV. D).
Should a supervisor learn of a potential conflict of interest, it is the responsibility of the supervisor to address that conflict consistent with this policy in consultation with the appropriate Human Resources unit (see Section IV. D) and the Office for the Prevention of Harassment and Discrimination.
D. Human Resources Contact Information
For all academic appointees, please contact the Academic Personnel Office:
- (510) 642-5626
- appolicy@berkeley.edu
For all non-academic (staff) personnel, please contact Employee and Labor Relations:
- (510) 664-9000, option 3.
- askeru@berkeley.edu
E. Pre-existing consensual relationships. In circumstances where a consensual relationship exists prior to the time an individual is assigned to an individual in authority, the individual in authority will not accept supervisory, decision-making, oversight, evaluative, or advisory responsibilities until effective steps can be taken to eliminate any potential conflict of interest in accordance with this policy.
F. Recruitment and admissions. An employee must not take part in the process of review and decision-making on any matter concerning application, appointment, promotion, evaluation of performance, tenure, salary retention, discipline, termination or other management or personnel related decisions regarding an individual with whom they are engaged in a consensual relationship, regardless of whether they are in the same or in a different division, department, program, or unit.
Employees on an admissions committee considering applicants for admission to any UC Berkeley graduate programs must adhere to the Graduate Division’s Graduate Admissions Conflict of Interest Guidelines
G. Near Relatives. The employment of near relatives is governed by the following policies:
- For academic appointees, the Academic Personnel Manual Section 520 (APM-520)
- For non-academic employees, the Personnel Policies for Staff Members Section 21 (PPSM-21)
H. Addressing harassment. Any concern that a relationship covered by this policy is not consensual must be promptlyreported to the Office for the Prevention of Harassment and Discrimination for evaluation under the University of California Sexual Violence and Sexual Harassment policy. Allegations of sexual harassment will be addressed in accordance with the UC Sexual Violence and Sexual Harassment policy.
V. Reporting Alleged Violations
Any person may report alleged violations of this policy to one of the following offices:
A. The Office for the Prevention of Harassment and Discrimination (OPHD):
(1) Phone: 510-643-7985
(2) Email: ask_ophd@berkeley.edu
(3) Online: Reporting webform (https://uctitleix.i-sight.com/portal/Berkeley)
B. Complaints may also be made via the Whistleblower Hotline:
(1) Phone: 800-403-4744
(2) Online: Reporting webform (https://secure.ethicspoint.com/domain/media/en/gui/23531/report.html)
Any individual found to be in violation of this policy may be subject to disciplinary action in accordance with applicable academic personnel, staff personnel, or Student Code of Conduct policies, including collective bargaining agreements. Volunteers who are found to be in violation of this policy may be subject to termination of volunteer service.
VI. Responsibilities
A. Individual in Authority: While everyone is encouraged to maintain appropriate professional boundaries, the ultimate responsibility for maintaining these always lies with the Individual in Authority. The Individual in Authority must immediately recuse themselves from responsibilities for and decision-making about an individual with whom they are engaged in a consensual relationship, to ensure a conflict of interest does not exist and must also notify their supervisor and the appropriate central Human Resources office (see Section IV. D).
B. Supervisors: Supervisors who learn of potential conflicts covered by this policy must promptly notify the appropriate Human Resources unit (see Section IV. D). Supervisors must take effective steps to manage any conflict of interest including avoiding actual or perceived favoritism or bias, consistent with this policy, in consultation with the appropriate Human Resources unit and the Office for the Prevention of Harassment and Discrimination.
C. Human Resources units: When notified of a consensual relationship, the appropriate Human Resources office will consult on appropriate measures to eliminate conflicts of interest and will consult with the Office for the Prevention of Harassment and Discrimination (OPHD) to ensure that any harassment is identified and addressed in accordance with the UC Sexual Violence and Sexual Harassment policy.
D. Office for Prevention of Harassment & Discrimination: The Office for the Prevention of Harassment and Discrimination will:
- Interpret this policy for the campus and revise it as necessary;
- Advise the supervisor of the Individuals in Authority and/or the applicable central Human Resources office on strategies for eliminating potential conflicts of interest related to consensual relationships;
- Identify possible violations of the University of California Sexual Violence and Sexual Harassment Policy;
- Investigate alleged violations of this policy.
VII. Resources
Individuals adversely affected by Individuals in Authority are encouraged to seek assistance from the confidential care advocate or other campus resource. A list of resources can be found at svsh.berkeley.edu
The confidential care advocacy office at UC Berkeley is thePATH to Care Center(care.berkeley.edu). For urgent 24/7 support, please call the Care Line at 510-643-2005.
VII. Related Policies
University of California Policy on Sexual Violence and Sexual Harassment: http://policy.ucop.edu/doc/4000385/SVSH
B. Academic Personnel Manual Section 015 (APM-015) - The Faculty Code of Conduct: https://www.ucop.edu/academic-personnel-programs/_files/apm/apm-015.pdf
C. Academic Personnel Manual Section 520 (APM-520): https://www.ucop.edu/academic-personnel-programs/_files/apm/apm-520.pdf
D. Personnel Policies for Staff Members Section 21 (PPSM-21): https://policy.ucop.edu/doc/4010394/UC-HR-23-666
E. UC Policy 1111, Standards of Ethical Conduct: https://regents.universityofcalifornia.edu/governance/policies/1111.html
IX. Revision History
January 1, 2025:
The policy was revised to clarify the types of consensual relationships covered and to clarify the steps an Individual in Authority and their supervisor must take to eliminate potential conflicts of interest.
April 1, 2016:
The content of this policy was extracted from the May 2008 campus policy on Sexual Harassment, other provisions of which were superseded by the systemwide policy on Sexual Violence and Sexual Harassment, and put under its own title in this document.