Prohibition of Sexual Harassment UPPS
No. 04.04.42
Issue No. 3
Effective Date: 12/15/2004
Review: October 1 E4Y
01. POLICY STATEMENTS
01.01 It is the
policy of the University that no faculty, staff, student, or contractor may
sexually harass any guest or visitor to the campus or any member of the
university community, including faculty, staff, students and candidates for
University positions, and that such acts will not be tolerated either at
01.02 Sexual
harassment violates:
a. academic
ethics (National Education Association, 1991 resolution; American Association
of University Professors, policy adopted June 1990);
b. state law
(Texas Penal Code section 39.03);
c. federal law
(Title VII, Section 703, Civil Rights Act of 1964; and Title IX, Section
106.31, Education Amendments of 1972).
d.
e. contractual
agreements which require the contractor to comply with all state and federal
laws, including those cited above.
02. RATIONALE
02.01 It is
03. DEFINITIONS AND EXAMPLES
The following definition is based on of the Equal Employment Opportunity Commission's amended "Guidelines on Discrimination Because of Sex" (29 CFR 1604.11[a]).
03.01 This definition is also taken from the Rules and Regulations of the Board of Regents, Texas State University System, in Chapter VII, Section 4.4.1. Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
a.
Submission to
such conduct is made either explicitly or implicitly a term or condition of an
individual's employment or academic career;
b. Submission
to or rejection of such conduct by an individual is used as the basis for
employment or academic decisions affecting the individual; or
c. Such
conduct has the purpose or effect of unreasonably interfering with an
individual's performance or creating an intimidating, hostile or offensive
employment or academic environment.
The
wording here is taken from
03.02 Sexual harassment takes many forms and may involve a staff or faculty member, administrator, contract employee or student. A brochure has been developed (see Attachment I) to provide thorough information and examples of sexual harassment. This brochure is available from the Office of Equity and Access.
03.03 Consensual
Relationships
a. Issues of
professional responsibility, conflict of interest and sexual harassment may
arise when a difference in authority is present between two persons involved in
a consensual relationship. Freedom of choice for a student or subordinate may
be diminished when faculty or staff exercise power through praise or criticism,
performance evaluations, grades, and recommendations for further study or
current and future employment.
b. An example
of a relationship that may be construed as sexual harassment is a situation where the subordinate or student in the relationship,
while freely consenting in the beginning, feels pressure to continue the
relationship.
c. Staff and
faculty in positions of authority need to be
sensitive to the potential for sexual harassment as well as conflicts of
interest in personal relationships with subordinate faculty and staff members
or with students (Refer to UPPS No.
04.04.39, Consensual Relationships).
d. A
complainant may perceive these cases as sexual harassment; when so perceived,
they may be covered under this policy.
04. PROCEDURES
FOR REPORTING INSTANCES OF SEXUAL HARASSMENT
04.01 Faculty, staff, students and guests of the University who believe that they have been sexually harassed or are aware of instances of possible sexual harassment have the right and are encouraged to seek resolution through informal or formal procedures supported by the University. Persons who believe they have been sexually harassed by the same person should be able to report and file as a group.
04.02 Reports
of sexual harassment should be made, orally or in writing, as soon as possible
after any incident.
04.03 A person
who believes in good faith that he or she has been sexually harassed as defined
in this policy should report the conduct to any or all of the following:
a. an academic
or administrative official responsible for the unit involved;
b. the
immediate supervisor of the alleged harasser or the next higher management
level if the person is an employee;
c. the Dean of
Students, if the person making the report or the alleged harasser is a student;
or
d. the Office
of Equity and Access.
04.04 In
reporting the conduct, the person may be accompanied by a third party for
support.
05. RESPONSIBILITIES
OF MEMBERS OF THE UNIVERSITY COMMUNITY REGARDING SEXUAL HARASSMENT REPORTS
05.01 Vice
presidents, deans, directors, chairs, department heads, and supervisors are
required to notify the Office of Equity and Access when they learn of a
possible instance of sexual harassment. It is a violation of this policy to
disregard, fail to investigate, or delay investigation of allegations of sexual
harassment.
05.02 All
members of the university community who do not hold a supervisory position are
urged to notify the Office of Equity and Access when they learn of a possible
instance of sexual harassment.
05.03 Persons receiving reports of sexual harassment
should: (1) consider them confidential; (2) disclose them only to authorized
persons; and (3) handle them expeditiously.
05.04 Once a report has been made, the University may not dismiss it until it has been resolved, in accordance with Regents' Rules, Chapter VII, Section 4.43. If the person decides not to file a formal complaint, the University may still take action.
05.05 A person
who knowingly files a false or malicious charge against any member of the university
community, a contractor or a visitor to campus may be subject to disciplinary
action under applicable University and Board policies.
06.
PROCEDURES FOR
INFORMAL COUNSELING AND RESOLUTION OF SEXUAL HARASSMENT REPORTS
06.01 Because
of the sensitive nature of sexual harassment, every reasonable effort should be
made to provide informal avenues for counseling and resolution. As part of an
informal process, the complainant can receive support and assistance from the
Office of Equity and Access. Records of corrective actions are not maintained
in informal resolution.
06.02 As one
method of informal resolution, a person who believes he or she has been
sexually harassed may communicate with the alleged harasser directly, and may
bring a third party. Before adopting a direct approach, the person may need to
seek advice about how best to confront a person whose conduct is offensive.
Students are encouraged to consult the
a. Persons may
seek direct resolution of the matter through discussions with the alleged
harasser.
b. Persons may
seek a resolution of the matter by sending to the alleged harasser a certified,
return request letter through the US Postal Service. The letter should include
the following three parts:
1) a factual
account of what happened;
2) a
description of how the writer feels about what happened; and
3) what the
writer wants to happen next, i. e., the behavior to stop.
c. If no
resolution is forthcoming, the person is strongly encouraged to report the
incident or incidents to any university authority identified in Section 04.03.
The person who receives the report must notify the Office of Equity and Access
as indicated in Section 05.01.
06.03 If a direct resolution is deemed inappropriate, a person should seek other informal counseling and resolution with a supervisor, department chair/head, dean or advisor, counselor, and the Office of Equity and Access.
a. The person
reporting the sexual harassment and the recipient of the report may discuss the
specifics of the situation and explore possible avenues for informal resolution
which may include how to file a formal complaint, if desired. See Section 07.
b. The
recipient of the report should attempt resolution while endeavoring to maintain
the anonymity of the person reporting the incident. Supervisors must consult
with the Office of Equity and Access. Any action toward resolution must be
taken within 30 days of the receipt of the report.
c. Before any
corrective action is taken, the supervisor or administrator must consult with
the Office of Equity and Access. Corrective actions will be based on a full
review of the circumstances.
d. If sexual
harassment is found, an admission of guilt, a warning, a promise not to commit
such an abuse again or other appropriate action directed toward the harasser
may be sufficient resolution.
e. The
supervisor is responsible for notifying the Office of Equity and Access and
both parties of the results of the efforts at informal resolution of a sexual
harassment report.
06.04 If the person reporting the harassment is not satisfied with the informal resolution or if the 30-day timeframe has lapsed without resolution, he or she is encouraged to file a formal sexual harassment complaint in writing with the Office of Equity and Access. See Section 07.
07.
PROCEDURES FOR
FORMALLY INVESTIGATING AND DISPOSING OF REPORTS OF SEXUAL HARASSMENT
07.01 A person
who wishes to file a formal complaint of harassment must notify the Office of
Equity and Access. The complainant must complete and sign the appropriate forms
(see Attachment
II). Every attempt should be made to keep the information confidential.
07.02 The Office of Equity and Access will conduct a
preliminary investigation of an allegation of sexual harassment within 30 days
of the receipt of the signed form. This includes separate interviews with the
person reporting the harassment and the alleged harasser, as well as other
witnesses, if necessary. During the preliminary investigation, the Office of
Equity and Access will determine if the complaint has merit. If the complaint
is found not to have merit, the Office of Equity and Access will issue a final
report and the investigation is closed. If the Office of Equity and Access
determines that sufficient evidence exists to warrant further investigation,
the Office of Equity and Access, in conjunction with two members of the Equity
and Access Investigating Committee (see Section 07.03), will review all aspects
of the complaint to determine whether a violation has occurred. The further
investigation will be limited to an additional 30 day period. From the receipt
of the initial signed complaint, the Office of Equity and Access will complete
the investigation, and render a decision within 60 days.
07.03 The Equity and Access Investigating Committee will be
comprised of nine members; three faculty, three students, and three staff
members appointed by the President in consultation with the Faculty Senate,
Staff Council, and the Associated Student Government. The Director of Equity
and Access, in conjunction with two members of the Equity and Access
Investigating Committee will:
a.
Review all aspects
of the complaint.
b. Only
investigate reports of sexual harassment that are written and signed using the
University’s official complaint form (see Attachment
II).
c. Ascertain
the desired resolution from the person reporting the harassment. Any witnesses
may be heard or may be asked to submit first-hand information in writing
regarding the complaint.
d. Inform the
alleged harasser of the specific complaints and give him or her the opportunity
to respond and to present information and witnesses.
The
Director of Equity and Access, in conjunction with two members of the Equity
and Access Investigating Committee, will provide the alleged harasser with
written notice of the complaint in sufficient detail to allow him or her the
opportunity to respond effectively. The notice will include the name of each
person complaining, a summary of the conduct giving rise to the complaint, and
the date and location of the alleged conduct.
e. Upon
request, the University Attorney will inform the investigating committee of the
University's policy for confidentiality in these matters and the possibility of
individual liability for defamation. The alleged harasser may use an advisor,
including legal counsel for advisory purposes. The advisor may only advise the
alleged harasser and may not otherwise participate in the investigation.
f. If the
Director of Equity and Access, in conjunction with two members of the Equity
and Access Investigating Committee, ascertains that harassment has occurred,
the Office of Equity and Access will recommend appropriate disciplinary actions
in a written report within the 60 day timeframe.
g. If the
Director of Equity and Access, in conjunction with two members of the Equity
and Access Investigating Committee, finds that no sexual harassment occurred,
the Office of Equity and Access will provide a written report within the 60 day
timeframe.
h. Within 5
working days of the decision, the Office of Equity and Access will provide a
written report of its findings to the University Attorney for review. The
University Attorney will have10 days in which to review the decision.
i. The Office
of Equity and Access, after consultation with the University Attorney, will issue
a final report. A copy of the report will be provided to the complainant, the
respondent and the vice president in the reporting line.
j.
If disciplinary
action is imposed on the person for sexual harassment, the person may appeal
only the severity of the disciplinary action through the regular grievance
process. The vice president in the reporting line will be responsible for
implementing any disciplinary action and will continually monitor the
circumstances to ensure a remedied situation.
k.
The complainant
or the respondent may appeal the decision to the vice president in the
reporting line. The vice president will have 15 working days from the receipt
of the appeal letter to render a final decision. The vice president’s decision
is final and cannot be grieved or appealed.
07.04
08. PROCEDURES
FOR PUBLICATION AND DISSEMINATION OF THIS POLICY
08.01 Through
brochures, workshops, and other appropriate means, the Office of Equity and
Access will provide training to all full-time regular employees concerning the
following: (a) definitions of sexual harassment; (b) examples of incidents of
sexual harassment; (c) descriptions of how and when to report sexual
harassment; (d) descriptions of available informal and formal resolution
mechanisms; (e) sources of support and information for victims and respondents,
as mandated by Texas law. All full-time employees are required to receive
supplemental training biennially in compliance with Chapter 21, Texas Labor
Code.
08.02 Deans and
heads of administrative units should discuss this policy and issues of
harassment at meetings of faculty, staff, and teaching assistants at least once
each year.
08.03 The
Office of Equity and Access will discuss this policy in orientation programs
for new faculty and staff employees within 30 days
of employment, as mandated by
08.04 The
Director of Equity and Access will provide training programs for persons who
advise and counsel students or respond to crisis situations. These programs
will include information about sexual harassment (definitions, informal
counseling and formal report procedures).
Employees
who receive the biennial training will sign a statement of verification.
08.05 The office of the Dean of Students will
develop an overall educational program for students dealing with issues of
sexual harassment. This educational program should be directed toward but not
be restricted to new undergraduate and graduate students.
08.06 The
University will summarize this policy in the Faculty Handbook, the Staff Handbook,
and the student handbook.
09. SANCTIONS
09.01 Sanctions,
which may be imposed by the University, are:
a. For faculty
or staff, violation of this policy may result in disciplinary action, up to and
including termination of employment.
b. For
students, violation of this policy may result in disciplinary action, up to and
including dismissal from the University.
c. For
contractors, violation of this policy may result in cancellation of the
contract with
09.02 False complaints: False complaints may result in disciplinary action by the University, or civil or criminal complaints by the accused harasser, against the person making the report. An unsubstantiated report is not considered "false" unless it is found to be made with the knowledge that it is false.
10. CONFLICTS
10.01 To the
extent this policy conflicts with any other policy, rule or regulation at the
University, including procedures and policies found in the Faculty Handbook,
the grievance and appeals policy in the Staff Handbook,
or the Student Code of Conduct, this sexual harassment policy shall take
precedence.
11. REVIEWERS OF THIS UPPS
11.01 Reviewers
of this UPPS include the following:
Position Date
Director, Equity & Access October
1 E4Y
University Attorney October
1 E4Y
Dean of Students October
1 E4Y
Chair, Staff Council October
1 E4Y
Chair, Faculty Senate October
1 E4Y
Co-Chair, President’s Council for Women October 1 E4Y
12.
CERTIFICATION STATEMENT
This
UPPS has been approved by the following individuals in their official
capacities and represents
Director
of Equity and Access; senior reviewer of this UPPS
Special
Assistant to the President
President