Intimate and Close Personal Relationships Policy

1. Purpose
(a) Te Herenga Waka—Victoria University of Wellington (“the University”) is committed to
fostering an environment where members of the University community behave in a respectful,
impartial, and transparent way that demonstrates sensitivity to actual or perceived unequal
degrees of power.

(b) The purpose of this policy is to establish the expected standards of behaviour and the
processes to be followed when members of the University community have an intimate or
close personal relationship with a student, or another member of the University community.

2. Application of policy
(a) This policy is a University-wide policy which applies to all members of the University
community. In relation to students, for the sake of clarity, this policy relates to students only
insofar as it sets out the expectations that are on other members of the University community
regarding the appropriate standards of behaviour when those individuals are dealing with
students. Where a particular individual is both a student and a staff member (for example, as
a tutor, research assistant or residential adviser), this policy will apply to that individual for the
duration of their employment as a staff member.

3. Policy content
3.1 Standards of behaviour

(a) Members of the University community are in a position of trust. It is important that high
standards of behaviour are always maintained and that due consideration is given to what is
appropriate conduct in relation to the activities that they are undertaking.

(b) The University recognises that socialising on a platonic basis between members of the
University community and students, or between colleagues, is often a positive aspect of life
at the University. It is also acknowledged that appropriate personal relationships can form in
circumstances where there is no opportunity for an abuse of power.

(c) The nature of the relationships within the University when there is a power imbalance, as
defined in paragraph 3.2 below, does impose important responsibilities and duties. This policy
is intended to ensure that appropriate safeguards and processes are in place to prevent
abuses of power and sexual harassment (as defined in the Sexual Harassment Response
Policy).

(d) This policy also seeks to protect members of the University community from allegations of
actual or perceived conflicts of interest, and to limit circumstances where a position of power
may be abused. In doing so, it seeks to ensure a positive and supportive working
environment where everyone is treated fairly.
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3.2. Power imbalances

(a) There is potential for an abuse of power or the perception of an abuse of power in any
intimate or close personal relationships between individuals in inherently unequal positions
where one individual has authority over the other in the context of their teaching, supervision,
direct responsibilities related to the emotional safety and well-being of a student, or other
work. At the University, such positions include, but are not limited to, a teacher, examiner or
supervisor and their student; a tutor and students in their tutorials; a supervisor and
postgraduate student or research assistant; staff members in a hall of residence and
students; or a manager and a staff member in their reporting line. This list is not exhaustive.

(b) Due to the potential for exploitation, favouritism, bias (real or perceived) or conflicts of
interest, such relationships may undermine the integrity of the supervision or evaluation
provided, or may have adverse effects on the working, learning, and living environment
or on the emotional safety and well-being of those directly involved, as well as on the
broader team culture.

3.3 Relationships between members of the University community and students

(a) The University prohibits members of the University community from initiating, entering into
and/or being in an intimate relationship with a student where the member has a direct
responsibility for, or involvement in, that student’s academic studies, and/or where the
member is assigned specific direct responsibilities related to the emotional safety and well-
being of the student. This includes a relationship with any student where it is reasonably
foreseeable that the member of the University community will be moving into a role of direct
responsibility for that student in the course their studies. Direct responsibility includes direct
management, direct teaching or supervision (including as a tutor), assessing the student’s
work, and all roles where a member of the University community is assigned specific direct
responsibility related to the emotional safety and well-being of the student (including as a
residential adviser).

(b) If a member of the University community is already in a pre-existing intimate relationship with
another person at the time that person becomes a student covered by paragraph 3.3(a)
above, the member of the University community must declare the relationship to their
manager, or a member of the Human Resources advisory team (i.e. an HR manager or HR
adviser) as soon as they become aware of the circumstances, so that appropriate
arrangements can be made to meet the needs of the student and the broader University
community.

(c) Close personal relationships of a non-intimate nature can still give rise to real or perceived
conflicts of interest and are dealt with under the Conflicts of Interest Statute and the
Procedures for Managing Potential Conflicts of Interest.

3.4 Isolated intimate encounters

(a) If a member of the University community has an isolated, consensual, intimate encounter with
another person and later discovers that the person is a student covered by paragraph 3.3(a)
above, they must immediately report the matter to their manager, or a member of the Human
Resources advisory team (i.e. an HR manager or HR adviser), as soon as they become
aware of the circumstances, so that appropriate arrangements can be made to meet the
needs of the student and the broader University community. Early reporting may be taken
into account when decisions are being made about how to manage the issue, including
possible action under the Staff Conduct Policy.

3.5 Relationships between members of the University community

(a) Intimate relationships between members of the University community outside of those
described in paragraph 3.3(a) above are not prohibited, but members are reminded of
possible power imbalances within such relationships in certain circumstances.
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(b) All members of the University community must disclose any actual or potential conflicts of
interest they identify. Conflicts of interest and their disclosure are managed in accordance
with the Conflicts of Interest Statute and the associated Procedures for Managing Potential
Conflicts of Interest. Failure to disclose a conflict of interest could comprise a breach of the
Conflicts of Interest Statute (and therefore may be a breach of the Staff Conduct Policy).

3.6 Maintaining professional standards

(a) Where an intimate relationship ends, it is expected that all parties will continue to conduct
themselves in a professional manner within the University and avoid personal disputes which
impact on the working, or teaching and learning environment, or on other colleagues and
students. When a conflict of interest has been declared it may also be appropriate for some
of the actions put in place by the University during the relationship to continue for a period of
time, or to be adjusted, following the end of the relationship. The members of the University
community involved will be consulted and required to comply with reasonable actions.

4. Advice available
(a) Students who want any advice regarding an intimate or close personal relationship with a
member of the University community should seek advice from the Student Interest and
Conflict Resolution team or a VUWSA advocate (for independent advice and advocacy),
with a support person if they wish.

(b) Members of the University community who are unsure whether they have an intimate or close
personal relationship with another person that needs to be declared should seek advice from
their line manager, head of school, another manager at the University, EARS—Te Rauawa,
Human Resources, or the union (if they are a union member).

5. Breach of the policy

(a) Any alleged breach of this policy will be handled in accordance with the Staff Conduct Policy.

(b) Any person who wishes to report or complain that a member of the University community has
not, or does not appear to have, acted in accordance with this policy can do so. The
processes for reporting a disclosure or making a complaint where sexual harassment may
have occurred are set out in the University’s Sexual Harassment Response Policy and
associated Procedures. The process for making a complaint to the University in other
circumstances where a breach of this policy is suspected are set out in the University’s
Guidelines for Addressing Alleged Misconduct. Any complaint raising allegations about a
suspected breach of this policy will be handled in accordance with the Guidelines for
Addressing Alleged Misconduct.

6. Transition for existing relationships

(a) This policy applies to intimate and close personal relationships formed after the effective
date of this policy (stated below). However, there may be such relationships in existence
at the time the policy comes into effect.

(b) Members of the University community must, within one month of the policy effective date,
declare any pre-existing intimate or close personal relationships with students (covered by
paragraph 3.3(a) above) to their manager, or to the Human Resources advisory team (i.e. an
HR manager or HR adviser) in accordance with this policy, and the Conflicts of Interest
Statute and Procedures for Managing Potential Conflicts of Interest.

7. Privacy
(a) The University’s Privacy Policy applies to any personal information collected under the Intimate
and Close Personal Relationships Policy and all information provided under the latter policy
must be handled sensitively by the recipient of that information, with due regard to the privacy
rights of all the individuals concerned. A manager who receives a declaration or a report under
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3.3(b), 3.4, 3.5(b), or 6(b) above, and wishes to obtain guidance on the handling of that
information, may seek guidance from Human Resources and/or the University’s Privacy Officer.

8. Definitions
In this policy, unless the context otherwise requires, the following definitions shall apply:

Abuse of power Abuse of power is where someone uses their position of power or authority in
an unacceptable manner. Abuse of power can take various forms and may
include, but is not limited to, grooming, manipulation, coercion, putting
pressure on others to engage in conduct that they do not feel comfortable
with.

Close personal A close personal relationship is a non-intimate relationship but is of a nature

relationships where the connection goes beyond a casual acquaintance.

Without limiting the types of relationships, examples include:

• relatives or close family friends

• a relationship of financial dependence
• sharing a domestic living arrangement (e.g. a flatting situation).

Grooming Grooming can be defined as a gradual process that someone in a position

of power uses to manipulate someone to do things that they may not be
comfortable with and to make them less likely to reject or report abusive
behaviour. Grooming will initially start as befriending someone and making
them feel special, and may result in sexual abuse and/or exploitation.

Intimate An intimate relationship is a consensual romantic or sexual relationship. An

relationships intimate relationship could be brief and includes a one-off or sporadic
occurrence.

Manager Any staff member of the University with management responsibilities.

Members of the All staff members of the University, independent contractors to the
University University, adjunct and visiting staff, visiting scholars and interns, emeritus
community professors, volunteers, and any other persons providing services to the
University. Note: for the purpose of this policy, this definition does not
include students.

Staff member An employee of the University.

Student Any person enrolled in a personal course of study at the University, or a

person who is studying at the University under an exchange agreement with
another institution, and includes a resident in a hall of residence.

University Te Herenga Waka—Victoria University of Wellington.

9. Related documents
Conflicts of Interest Statute

Procedures for Managing Potential Conflicts of Interest

Privacy Policy

Staff Conduct Policy

Guidelines for Addressing Alleged Misconduct

Sexual Harassment Response Policy

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Sexual Harassment Response Procedures

Education and Training Act 2020

Employment Relations Act 2000

Privacy Act 2020

10. Document Management and Control

Approver Vice-Chancellor

Approval Date 12 July 2022

Effective Date 1 September 2022

Review Date 1 September 2023

Sponsor Provost and Director, People & Capability

Policy Owner Manager, Employment Law & Employment Relations

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