Page 161 - Merritt College Student Handbook and Planner 2021-2022

section is intended to abrogate rights of Academic Freedom stated in the collective bargaining agreement with the Peralta Federation of Teachers.
E. Consensual Relationships
1. Definitions:
(a) The terms “instructors” and “faculty member” are defined as any person who teaches in the District, is in an academic position, or by virtue of their position has control or influence on student performance, behavior, or academic career.
(b) A “District employee” is defined as any person who is employed by the Peralta Community College District or acts as its agent and operates within the District’s control.
2. Rationale:
The District’s educational mission is promoted by professionalism in faculty/student, as well as supervisor/subordinate, relationships. Professionalism is fostered by an atmosphere of mutual trust and respect. Actions of faculty members and supervisors that harm this atmosphere undermine professionalism and hinder fulfillment of the educational mission. Trust and respect are diminished when those in positions of authority abuse their power in such a context as to violate their duty to the educational community and undermine the trust placed in the District as a public employer and an educational institution.
3. Ethical Violation:
Recognizing that the unequal power of adult consenting parties is inherent in consensual relationships between supervisor and employee or student and teacher, the District will view it as unethical behavior if faculty members or supervisors engage in romantic relations with students enrolled in their classes or employees under their supervision even though both parties appear to have consented to the relationship.
4. Presumption of a Policy Violation:
The faculty member or supervisor who contemplates a romantic relationship with a student or employee must realize the complexity of the situation and its potential negative consequences. Regardless of consent or mutual attraction, the faculty member or supervisor generally will be judged guilty of sexual harassment if any complaint eventually emerges, either from the partner in the
159
28