EQUAL OPPORTUNITY

CLOSE PERSONAL RELATIONSHIPS BETWEEN MEMBERS OF THE UNIVERSITY

POLICY

Murdoch University strives to provide a place of professionalism, integrity and high ethical standards. It is considered close personal relationships between members of the University community may place these objectives in jeopardy if they involve a breach of trust and/or a conflict of interest.

The following procedural statement clarifies the conduct that is expected of members of the University community.

STANDARDS AND GUIDELINES

A conflict of interest arises when the professional responsibilities of a member of staff towards a student or subordinate are affected, or are seen to be affected by a close personal relationship with that student or subordinate. The conflict of interest may arise because of a family, emotional or financial relationship. An abuse of trust or power occurs when the trust associated with a professional relationship is destroyed through actions, or requests for actions, of a non professional nature.

The abuse of trust or power has obvious correlations with the University's Discrimination and Harassment Policy, as staff in a tertiary institution are in a position of authority and trust to the student or subordinate in their care. When engaged in close personal relationships with a student/subordinate, that implicit trust may be violated.

Refer: 8.2 Discrimination and Harassment

Procedures for Resolution

In most cases it will be only the individuals involved who will be aware of the potential conflict of interest and/or breach of trust and each situation will be different (See limited examples following).

In situations where conflicts of interest and/or breaches of trust might arise or have arisen the following steps should be taken:

• staff involved in close personal relationships where there may be (or could be seen to be) a conflict of interest are required to declare the relationship to their relevant Executive Dean/Office Head/Unit Head.
• students and staff who believe they or others have been personally disadvantaged by a breach of trust/power relationship may forward this information to the Executive Dean/Office Head/Unit Head.
• the Executive Dean/Office Head/Unit Head will investigate the matter raised by the staff member or student and advise them on the most appropriate action. This advice may be:
  • for the staff member to withdraw from the process;
  • remove the student from the situation;
  • advise the individual to institute the University's Sexual Harassment Procedures and/or
  • establish an alternative/parallel arrangements to monitor the process.
• either or both parties may seek to discuss/clarify the circumstance with the Equity Officer
• in circumstances where a satisfactory resolution is not achieved, the matter may be referred to the Vice Chancellor
• any party to a complaint has a right to be accompanied by an advocate during any stage of the process

It is essential that confidentiality is a priority for all involved in the above process.

Disciplinary Process

This policy does not aim to prohibit close personal relationships between members of the University community but seeks to alleviate the serious problems of conflict of interest and the abuse of trust and power which have the potential to damage seriously the high professional standard essential in an academic institution.

Staff who fail to declare a potential conflict of interest or continue to participate in processes which could be construed as a breach of trust may face disciplinary action as specified under the relevant staff agreements.

Authorised: Vice-Chancellor
January 1995

Examples of Conflicts of Interest and/or Breaches of Trust

It is clearly impossible to document examples of every instance in which a conflict of interest and/or breach of trust might occur. The examples outlined below are taken from the experiences of a number of different organisations, and are indications of situations to be avoided.

• Professor Z appoints attractive young men as his research assistants and has sexual relationships with them. When the passion subsides he lets the contracts expire.
• several students make a complaint about conflicts of interest in that other students seem to be gaining unfair advantages due to their close personal relationship with a particular academic.
• Dr R has a research position vacant that she offers to her partner.
• Mr T finds himself tutoring his previous girlfriend. The termination of the relationship was extremely traumatic for Mr T and as a result he still bears a great deal of animosity towards her.
• Assoc Prof L makes a point of asking out any of the attractive mature aged students in his tutorial group. He asks them once only- so he cannot be accused of harassment. Most times they refuse but he has been lucky on a few occasions.
• Ms K, in the Business Office, is a partner in her husband's company. This company is tendering for a University contract about which she has detailed knowledge.
• Ms A's stepson is on the shortlist for a position in a quotaed course. She is responsible for making decisions on those who are to be admitted.
• Dr Q is the Course Coordinator (and tutor) for Principles of Trust. His step-daughter has enrolled in the course. He finds himself assessing her work

RESPONSIBILITIES

RELATED POLICIES AND PROCEDURES

Chapter 5.3: Discipline for General Staff

Chapter 8.2: Discrimination and Harassment