How to use this policy
(1) Copy this template in its entirety and edit as necessary to align with your organizational context. (2) Remove the supplemental guidance text in blue boxes and replace the yellow highlighted text with the actual details of your organization.
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Introduction
[Insert organization name] aims to maintain a professional, respectful, and equitable workplace environment by managing potential conflicts of interest and preventing abuses of power arising from romantic relationships. This includes relationships between employees, between employees and board members, and between employees and external stakeholders.
[Insert organization name] recognizes that romantic relationships between employees or between employees, board members, and external stakeholders can occur. While the organization does not wish to intrude into the private lives of employees, it is necessary to establish guidelines to prevent conflicts of interest, ensure fairness, and avoid potential abuses of power.
Scope
This policy applies to all personnel of the organization, including full-time employees, part-time employees, contract and temporary staff, as well as board members and external stakeholders (clients, vendors, partners) who have a business relationship with the organization. The provisions of this policy apply regardless of the sexual orientation or gender identity of the parties involved.
This policy does not preclude or interfere with the rights of personnel protected by the federal, state, and local laws or any other applicable statute concerning the employment relationship. When the law and this policy conflict, the law prevails.
Definition
Romantic Relationship: A consensual relationship that includes but not limited to sexual, dating, engagement, or other intimate relationships beyond a professional friendship.
Conflict of Interest : A situation where an individual’s personal interest could improperly influence their decision-making or duties within the organization.
Direct Supervision: An individual directing the work of another individual.
Indirect Supervision: An individual responsible for the work or the outcomes of the work of another individual due to the organizational structure.
Abuse of Power: Any action by an individual in a position of authority that uses this position to unfairly advantage or disadvantage others, influenced by personal relationships.
Conduct Guidelines
Consent is important
Mutual consent is a fundamental requirement for all romantic relationships within the organization. Particularly, relationships between employees, or between employees and stakeholders, that involve unequal power dynamics (e.g. between a board member and an employee, or a senior manager and a junior staff member, etc.) will be examined with the aim to address actual or perceived conflicts of interest rather than intruding into personal matters.
Apply good judgment
Should there be any uncertainty regarding the interpretation of terms within this policy, employees are encouraged to apply their judgment in a manner consistent with the policy's overall spirit and intent. The focus should be on ethical conduct, avoiding conflicts of interest, and upholding professional boundaries.
On Conflicts of Interest arising from Hiring & Appointments
Board members may not make, participate in making, or influence appointment decisions involving persons they have had a Romantic Relationship with, currently or in the past.
Employees may not make, participate in making, or influence employment decisions involving persons they have had a Romantic Relationship with.
On Conflicts of Interest arising from Management & Supervision
It is best practice that all personnel are prohibited from directly supervising persons they currently or in the past, have a Romantic Relationship with. Exceptions may be made on a case to case basis for indirect supervision.
HR, in collaboration with relevant senior management and or independent third parties if necessary, will evaluate disclosed relationships for potential conflicts of interest or abuses of power.
Board members should act according to their Code of Conduct regarding conflict of interests arising from Romantic Relationships. In a significant conflict of interest, the board should commission independent third parties or committees evaluate the situation and recommend actions to mitigate any conflict of interest arising from a romantic relationship.
Appropriate measures, such as changing reporting lines or modifying work arrangements, will be taken to mitigate identified conflicts, ensuring decisions are made impartially and ethically. If this is not possible due to operational constraints, a plan will be formed to minimize impact on personnel involved. If one or both parties refuse to accept a reasonable solution, such refusal will be deemed a voluntary resignation.
The majority voting members of the board must not be in a Romantic Relationship with staff and other board members.
Disclosure
Formal disclosures of romantic relationships, including the ones required by this section, should be made to [Insert name or job title of preferred point of contact]. If [Insert name or job title of preferred point of contact] has a conflict of interest related to the relationship, disclosures can alternatively be made to [Insert alternatives]. These people are also points of contact for any questions or concerns related to romantic relationships that may become relevant to a staff member's work.
Board members and senior management must disclose any romantic relationships with fellow board members or employees. Board members and senior management must also disclose a romantic relationship with external stakeholders if the relationship might influence their judgment or decision-making in organizational matters, including but not limited to those involving fellow board members, employees, or external stakeholders.
Managers have to disclose romantic or sexual relationships within their reporting line at the earliest possible time.
All employees are required to disclose any romantic or sexual relationships with members of the following groups if they could lead to an actual or perceived conflict of interest that would be an ongoing or regular concern: other employees; and external stakeholders. Some examples of this are the following: Relationships between …
employees who are decision-makers or active stakeholders in a hiring round or internship and an applicant, work trialist, or intern;
grantmakers and individual grantees, as well as grantmakers and leadership of grantee organizations, when the grantmaker is a decision-maker on funding decisions for the relevant individual grantee or organization;
decision-makers on financial transactions (e.g., acquisitions, service contracts) and beneficiaries of such transactions (e.g., an external vendor).
All personnel are prohibited from retaliating against anyone who reports a potential violation of this policy.
All disclosures should be handled with sensitivity and confidentiality, ensuring the privacy of the involved parties to the greatest extent possible.
All personnel must cooperate with any investigation into possible violations of this policy (e.g. failing to report or actively concealing Romantic Relationships, retaliating against other employees who reported potential violations of this policy, etc.)
Penalties
Violations, including failure to disclose relationships, engaging in favoritism, or any form of abuse of power, will result in disciplinary actions, potentially including termination of association with the organization. While the organization reserves the right to decide on any disciplinary action as appropriate, a mere failure of disclosure without further aggravating factors (e.g., abuse of power, egregious favoritism, or significant harms to the organization or a part involved in the romantic relationship) will typically not result in termination or other severe sanctions.
Failure to cooperate with [Insert organization name] to resolve a conflict or problem caused by a romantic or sexual relationship among board members, co-workers, managers, supervisors or others in positions of authority in a mutually agreeable fashion may be deemed insubordination and result in disciplinary action up to and including termination.
Review and Amendments
This policy will be reviewed annually and may be amended as necessary to address new ethical challenges and evolving standards.
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