On Jan. 29, The Post published a response to a letter received from a student with a relationship dilemma. The student is a food-service worker on campus who was wondering whether to start a relationship with her boss. Ms. Kristin Salaky wrote the response.
On a college campus, it often happens that co-workers are college students — so with the age and lifestyle similarities, it is likely that two students might develop an interest in one another. As Ms. Salaky stated, this is the time for both to weigh their options and decide if the risk of awkwardness at work is outweighed by the possibilities of a happy, future marriage and adorable “bobkitties.”
However, the situation is very different when one student/co-worker supervises, advises, evaluates, or grades the other. Federal law provides guidance on this issue: Title VII and Title IX of the Civil Rights Act are the statutes which make sex-based discrimination and sexual harassment illegal. Title VII in effect says that employers cannot fire, refuse to hire, or deprive an employee of available opportunities at work because of the employee’s sex. Title IX in effect says that Ohio University cannot allow students to be denied the benefits of or excluded from participation in any activity (or work environment) the university offers because of sex.
Let’s go back to the question presented by the student. Sexual harassment has two main forms – quid pro quo and hostile environment. With quid pro quo, the issue is that someone with power (e.g., a supervisor) is using his or her power to influence another person without power (e.g., a junior coworker) to engage in sexual activity or a sexual relationship. If sexual activity takes place in this situation, it raises an important question – was there consent? A person cannot consent to something he or she is coerced into through fear of losing his or her job, being demoted or getting a salary reduction.
Ohio University’s Sexual Misconduct Policy (03.004) expressly prohibits consensual romantic or sexual relationships where one person directly supervises, grades, advises or evaluates the other person in the relationship (VI: Consensual Relationships). This means that the boss in the question raised by the student is violating OU policy by asking for a relationship from this student. An RA asking a resident in their hall for a relationship or for sexual activity would also be violating this policy. A TA asking a student in a class he or she teaches for a date would also be violating this policy. The policy applies to anyone and everyone employed by OU (including students), and anyone who violates it could face disciplinary action.
If you are a student who is in a situation like the student who wrote in, OU is not interested in intruding on your personal choices as long as they do not violate our policies. A supervisor can ask to be reassigned so that she/he is no longer working with the person who she/he wishes to date. Two workers who are dating can also approach their employer and ask to be separated such that one does not evaluate the other. This will prevent issues if the relationship goes sour. Please note that no matter what happens in the relationship, no sexual activity in the actual workspace. Ever. Please and thank you.
Lastly, if you are a student who feels harassed at work because your boss has an interest in you, please let another supervisor know immediately. Also, you can contact my office directly.
Inya Baiye is the assistant director for civil rights compliance in Ohio University’s Office for Institutional Equity.
