Relationship Policy

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UCC Relationship Policy

UCC is a thriving community dedicated to collaborative work and study, fostering harmonious relationships among employees and students. The University recognises the crucial role of the professional dynamic between employees and students in their educational journey, and between employees. Employees are advised against engaging in personal or intimate relationships with students with whom they share a professional relationship.

This professional relationship hinges on mutual trust and confidence, necessitating the strict observance of boundaries by both employees and students. A personal relationship between an employee and a student or another employee (see Section 10 below in relation to relationships between employees) may give rise to challenges due to an inherent power imbalance. This power imbalance between student and their academic supervisor makes these relationships potentially vulnerable to exploitation, particularly as students may be at a point of their academic career when the opinion of their supervisors is vital.

Individual employees bear the primary responsibility for upholding the professional relationship, acknowledging the associated constraints and obligations. It is imperative that employees avoid situations that could be perceived as a breach of professional boundaries, as such actions may potentially lead to unfounded allegations of inappropriate behaviour or conflicts of interest. This commitment to maintaining professionalism is essential for the well-being of our employees and the educational development of our students.

Purpose and Scope of Policy

The primary objective of this policy is to establish a clear procedural framework, safeguarding employees and students against potential allegations of impropriety, bias, abuse of authority, discrimination, conflict of interest, or favoritism. By doing so, it aims to maintain a professional and ethical environment within UCC.

This policy serves as a comprehensive guide for employees, addressing scenarios where a personal relationship may already exist upon a student's enrollment or an employee's appointment. Additionally, it provides direction in cases where a personal relationship develops between an employee and a student during a programme of study or research collaboration.

Furthermore, the policy outlines a set of guidelines intended to direct employee conduct concerning students, thereby minimising the likelihood of personal relationships developing. This proactive approach ensures that employees are well-informed and equipped to navigate potential challenges, fostering a culture of transparency, fairness, and accountability within the UCC community.

Definitions

The following definitions are for the purposes of this document:

A personal relationship is understood to be, but not limited to;

A family relationship including but not limited to partners, spouses, siblings and children
A business/commercial relationship
A sexual/intimate/emotional relationship

A professional relationship is defined, but not limited to, a relationship where the employee has a responsibility for

assessing, supervising, teaching, mentoring or tutoring of a student
provision of administrative, managerial, advisory or technical support to a student, including the admission of students to programmes, registration systems, and/or modules.

An employee includes, but is not limited to, any individual who is working within the University under a contract of employment.

A student is any individual who is studying for an undergraduate or postgraduate qualification (including research students MRes and PhD), or is a student on any course arranged by or through the University.

A “child” means a person under the age of 18 years.

Conflict of Interest

A personal relationship, as defined above, between an employee and a student who also have a professional relationship raises significant concerns related to conflict of interest, trust, confidence, and equitable treatment in various facets of teaching, supervision, assessment, and research. The inherent authority and trust within the employee-student dynamic may be susceptible to exploitation, posing a risk to the integrity of these academic interactions.

Moreover, such relationships have the potential to disrupt the broader teaching and learning environment, impacting not only the involved parties but also other students and colleagues. Employees are expected to discern and uphold their professional and ethical responsibilities, safeguarding the interests of students and preserving the trust integral to the employee-student relationship.

In recognising these responsibilities, employees contribute to maintaining an environment conducive to effective teaching and learning, where the focus remains on academic excellence and the well-being of the UCC community.

Guidelines for Employee Conduct with Students:

The following guidelines are provided to assist employees in maintaining a professional demeanor in their interactions with students, minimizing the potential for personal relationships to develop. While not exhaustive, these guidelines reflect the University's commitment to upholding high standards of professionalism:

Professional Conduct: Employees should ensure that their behavior and practices align with the professional standards expected by the University, upholding its reputation and fostering a positive learning environment.

Advocacy Restraint: Refrain from advocating on behalf of a student concerning access to programmes, modules, registration, or any service provided by the University. Upholding impartiality in such matters is crucial to avoiding conflicts of interest.

Professional Setting: All interactions with students should occur within a professional setting, maintaining the appropriate boundaries that preserve the formal nature of the student-employee relationship.

Meeting Locations: Employees should avoid suggesting that academic work, personal guidance, or feedback be conducted in a social setting. While certain instances may warrant a less formal setting, such as a café or restaurant, it is strongly recommended that these meetings take place on the university campus. This ensures a structured and secure environment conducive to maintaining professional boundaries.

Guidelines for Managing Relationships:

In the event that a personal relationship develops or already exists between an employee and a student, the following guidelines are established to ensure transparency, address potential conflicts of interest, and mitigate unintended consequences:

Immediate Declaration: Employees must promptly declare the relationship in accordance with the provisions outlined in this policy. Open and honest communication is crucial to navigating potential challenges.

Consultation with Line Manager: Initiate a discussion with the line manager as the first point of contact to explore strategies for mitigating any conflict of interest that may arise due to the relationship.

Adherence to Managerial Advice: Employees are obligated to comply with any actions or measures directed by their line manager, Head of School, or Unit to effectively mitigate unintended consequences. Examples of appropriate actions are below for guidance.

Pre-Existing Relationships: In the case of a pre-existing relationship, employees should inform their line manager promptly. This disclosure is vital to either eliminate or reduce the professional responsibility for the student, minimising any potential for conflict.

Responsibility of Heads of School/Unit: If a Head of School or Unit enters into a personal relationship with a student or if such a relationship already exists, it is imperative to declare this to their line manager at the earliest opportunity. This ensures that appropriate measures can be taken to address any potential conflicts and maintain the integrity of the academic environment.

GDPR/Confidentiality: Any declaration of a personal relationship between an employee and a student will, in so far as possible, be handled with utmost confidentiality. Every effort will be made to ensure that this disclosure does not disadvantage either party in terms of professional advancement or academic progress. UCC is committed to maintaining a fair and supportive environment for all individuals involved.

However, failure by an employee to declare a personal relationship with a student, resulting in a conflict of interest, will be subject to investigation. Such instances may lead to disciplinary action in accordance with established policy and procedures. This underscores the importance of transparent communication and adherence to the policies in place, ensuring the integrity of professional relationships within the university community.

Employees may not enter into a personal relationship with a student under eighteen years of age. Please consult the Children First Act 2015 and the UCC Safeguarding Statement for further information and practical advice in relation to dealing with students under eighteen years of age.

Procedure for Disclosure and Line Manager Actions

In the event of a personal relationship emerging between an employee and a student, prompt disclosure to the immediate line manager is imperative to address potential consequences or conflicts of interest. The following procedures should be observed:

Declaration Process - Written Disclosure and Discussion of Conflicts:

The employee must disclose conflicts of interest in writing and engage in discussions with relevant parties to address concerns and determine appropriate courses of action.
Throughout this process, the line manager and Head of School/Unit will make every effort to minimise conflicts of interest. However, the employee bears the responsibility of ensuring fairness and equitable treatment for all students while maintaining professionalism and transparency in their academic roles.
In all cases, the employee must disclose in writing and discuss any conflicts with their Head of School/Institute/Unit by completing the UCC Declaration of Potential, Actual or Perceived Conflict of Interest Form (See appendix 1). This form can be downloaded (insert link))and should be submitted to their Head of School/Unit.
The line manager or Head of School/Unit will facilitate the completion of the form, including providing recommendations on managing potential conflicts of interest.
Sections 1-6 must be completed by the employee and the final section is to be completed by the relevant Head of School/Institute/Unit where recommendations are provided on how the conflict is to be managed. In the course of considering cases of conflict of interest, the line manager or Head of School/Institute/Unit may consult with relevant units as necessary such as the Chief People & Culture Officer, the Deputy President & Registrar or members of the University Leadership Team (ULT).
The line manager or Head of School/Institute/Unit will keep the signed declaration form on file so that there is a written record that the conflict was reported and describing how the conflict was dealt with. A copy of the signed form should be forwarded to UCC HR for administrative and recording purposes.
Further information on Conflicts of Interest and Disclosure is also available in the Conflict of Interest policy.

Consultation and Support:

Engage in consultations with both the employee and the student as appropriate to assess potential impacts within the academic unit.
Encourage the student to access available support services if required, such as Student Counsellors.

Reorganisation of Duties:

The line manager may initiate the reorganisation of duties to minimise contact between the employee and the student. This aims to ensure fair treatment and protect against perceptions of favouritism.
In cases involving research students, explore alternatives to mitigate potential negative impacts on academic progression. Consider engaging co-supervisors or external supervisors when appropriate.

Impact on Other Students and Colleagues:

Take actions to minimise the impact of the relationship on other students and colleagues.
Ensure the employee is not involved in decision-making that could unduly influence outcomes for the student involved.

Professional Separation in Pre-existing Relationships:

If a pre-existing personal relationship exists, the line manager should establish clear professional separation between the employee and student from the outset, whenever feasible.

Equitable Treatment:

While efforts are made to minimize conflicts of interest, it is the employee's responsibility to ensure equitable treatment for all students. Employees should refrain from seeking special treatment on behalf of the student.

Breakdown of the Staff-Student Relationship

While UCC endeavours to foster an atmosphere of mutual respect, there are instances when the relationship between a student and their lecturer, supervisor, or another key staff member may deteriorate. In the unfortunate event that a student perceives themselves as a victim of bullying, harassment, or victimisation, they are encouraged to consult the Duty of Respect & Right to Dignity Policy for guidance on the appropriate steps to take.

If the breakdown in the relationship escalates to the point where a student wishes to file a formal complaint, the established student complaints procedure should be followed. This procedure provides a structured framework for addressing and resolving concerns, ensuring a fair and impartial process for all parties involved. Our commitment to a safe and respectful learning environment remains paramount, and UCC is dedicated to addressing any issues promptly and effectively.

Inappropriate Behaviour

In instances where a student experiences unwanted or inappropriate behaviour from an employee, or is involved in a relationship they do not consider truly consensual, it is crucial to seek support and advice from a Student Counsellor. Additional guidance can be found in the Dignity at Work policy/procedure (when approved), UCC Student Code, or the Code of Practice for Conflict Resolution for Supervisors and Graduate Research Students.

For employees facing unwanted advances or inappropriate behaviour from students or other employees, it is recommended to raise the issue with their Head of School/Unit. Further support or information can be sought from their HR Business Manager, a trade union representative, or by contacting the Employee Assistance Programme. Relevant policies, including the Dignity at Work, the Sexual Harassment Policy, the Student Code, or the Code of Practice for Conflict Resolution for Supervisors and Graduate Research Students, can offer additional guidance.

It is important to note that any employee subject to a complaint may be subject to investigation and potential disciplinary action in line with University Policy. Similarly, any student who behaves inappropriately in this context may be subject to disciplinary action under Student Disciplinary Procedures. UCC is committed to addressing inappropriate behaviour promptly, impartially, and with due consideration for the well-being of the parties involved.

Personal Relationships between Members of Staff

Employees involved in personal relationships with colleagues have a duty do conduct themselves professionally and not let their relationship interfere with their work in any way. In situations where personal relationships develop between staff members, it is the responsibility of both individuals to address potential conflicts of interest appropriately. This may involve reviewing the reporting structure if the relationship involves a line manager and a member of their team. Any staff seeking advice in such matters should approach their own Head of School, Line Manager, Principal Investigator (PI), or HR Business Manager.

Staff members must ensure that professional or personal relationships do not result in unfair advantages or disadvantages for any member of staff or other individuals, such as job applicants or service providers.

The following guidelines should be noted and observed:

Prompt Notification:

Employees involved in a professional or personal relationship with potential for conflict of interest are expected to inform their Head of School, Line Manager, or PI as soon as possible to allow for the consideration of potential implications.

Confidentiality and Conflict Resolution:

The Head of School, Line Manager, or PI must handle these matters confidentially and, in consultation with the employees involved, identify ways to avoid or manage actual, perceived, or potential conflicts of interest.

Workplace Resolution:

If conflicts persist and cannot be resolved through other means, especially in cases where employees work in the same unit or school or have a reporting relationship, it may be necessary to explore the possibility of relocating one party to another area of work or location.

Recruitment and Selection Process:

Employees with personal relationships with job applicants should abstain from involvement in the recruitment/selection process, such as serving on interview panels or acting as referees. Refer to the Conflict of Interest Policy for further guidance.

Promotion Appointments:

Employees with personal relationships with other employees should refrain from participating in decisions related to promotion.

Declaration of Personal Relationships:

External and internal applicants for posts are required to declare relevant personal relationships if appointed.

By adhering to these guidelines, employees contribute to maintaining a professional and equitable work environment while upholding the integrity of UCC’s practices.

Declaration of personal relationships where they overlap with professional roles.

Employees who are uncertain about whether they should declare/report a personal relationship are invited to seek guidance, in confidence, from their HR Business Manager.

A student who is uncertain about whether they should declare/report a personal relationship should contact student supports.

Consequences of non-compliance

All staff must adhere to the University Staff Code of Conduct. Employees should also be aware that a breach of this Policy could lead to action under the Disciplinary Procedures set out in the Principal Statute.

Harassment and Bullying at Work

The University will not tolerate harassment and bullying at work or in the study environment.

Where a complaint of bullying or harassment is reported this will be addressed under the appropriate policy.

Review of Policy

UCC is committed to reviewing this Policy in accordance with the University’s Policy Framework and in line with changes in the law, relevant case-law, feedback from people’s experience of the Policy or from other stakeholders or other developments.

Policy Owner:	People and Culture
Version	1.0
*Approval Body:*
People & Culture Forum	Date Approved: 05.11.24
ULT	Date Approved: 12.11.24
GA P&C EDIB Committee	Date Approved: 14.11.24
GA	Date Approved: 10.12.24
Effective Date:	11.12.24
Next Review Date:	3 years from GA approval date.