Based
on Race, Color, National Origin, Age, Issue
No. 5
Sex, Religion, Disability or Sexual
Orientation Effective
Date: 12/15/2004
Review: October 1 E3Y
01. POLICY STATEMENTS
01.01 We at
This UPPS describes
reporting procedures for filing discrimination and harassment complaints, and
the process used to investigate and resolve them.
01.02
02.
DEFINITIONS AND PUBLICATION OF
POLICY
02.01 Discrimination: In this UPPS “discrimination” is defined as
conduct directed at an individual because of race, color, national origin, age,
gender, religion, disability, or sexual orientation that subjects the individual
to treatment that adversely affects the individual’s employment or education.
02.02 Harassment: In this UPPS,
"harassment" means extreme or outrageous acts or communications that:
a. are intended to harass, intimidate, or
humiliate students, faculty, staff, or visitors on account of race, color,
national origin, age, sex, religion, disability, or sexual orientation;
and
b. reasonably cause them to suffer severe
emotional distress.
02.03 Respondent: In this UPPS, "respondent" means the person reported to have harassed or discriminated against another person.
02.04 Complainant: In this UPPS,
"complainant" refers to the person who believes that he or she has
been discriminated against or harassed.
02.05 Equity and Access Investigating Committee:
Reviews all pertinent policies and procedures at the University to assure
fairness and sensitivity in the way in which protected class (race, color,
national origin, age, religion, sex, disability) and sexual orientation issues
are addressed; assists the Director of Equity and Access in the investigation
of complaints regarding discrimination and harassment; and advises the
University on protected class issues.
03. PROCEDURES FOR REPORTING INSTANCES OF
DISCRIMINATION
03.01 Faculty, staff, students, and guests of the
University who believe that they have been discriminated against or harassed
have the right and are encouraged to seek resolution through informal and
formal procedures supported by the University. Persons who believe they have been
discriminated or harassed by the same person should be able to report and file
as a group.
03.02 Reports of discrimination or harassment should
be made, orally or in writing, as soon as possible after any incident.
03.03 Complainants should report discrimination or harassment either orally or in writing as soon as possible after any incident to:
a. an academic or administrative official responsible for
the unit involved;
b.
the immediate supervisor or next higher level manager of the
person committing the alleged discriminatory or harassing practices.
c. the Dean of Students, if the person making
the report on discrimination or harassment or the respondent is a student; or
d. the
Office of Equity and Access.
03.04 In reporting the conduct, the complainant may be accompanied by a third party for support and reassurance.
03.05 The person who believes he or she has been
discriminated against may communicate with the person whose conduct is
offensive directly and may bring a third party. Before adopting a direct
approach, the complainant may need to seek advice about how best to confront
the respondent. Students are encouraged to consult the
a. may seek direct resolution of the matter
through discussions with the respondent.
b. may seek a resolution of the matter by
sending to the respondent a certified, return request letter through the U. S.
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 03.03. The person who receives the report must
notify the Office of Equity and Access as indicated in Section 04.01.
04. RESPONSIBILITIES OF MEMBERS OF THE
UNIVERSITY COMMUNITY REGARDING DISCRIMINATION REPORTS
04.01 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 or allegation of harassment
or discrimination. An exception to this general reporting requirement occurs
when a faculty member alleges discrimination or harassment as part of a request
for a hearing related to the denial of tenure or promotion since, under
Regents' Rules, such a faculty member must make this allegation in writing
directly to the President. It is a violation of this policy to disregard, fail
to investigate or delay investigation of allegations of harassment or
discrimination to the extent that action, reporting, or investigation is
appropriate or required by one's supervisory position.
04.02 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 harassment or discrimination.
04.03 Persons receiving reports of sexual harassment
should: (1) consider them confidential; (2) disclose them only to authorized
persons; and (3) handle them expeditiously.
04.04 Once a report has been made, the University may
not dismiss it until it has been resolved, in accordance with Regents' Rules,
Chapter V, Section 2.11 and Chapter VII, Section 4.3. If the person decides not
to file a formal complaint, the University may still take action.
04.05 If a person knowingly files a false charge against any member of the university community, a contractor or a visitor to campus, that person may be subject to disciplinary action under applicable University and Board of Regents policies.
05. INFORMAL COUNSELING AND RESOLUTION OF
HARASSMENT OR DISCRIMINATION REPORTS
05.01 Because of the sensitive nature of discrimination and harassment, those seeking to resolve complaints should provide informal avenues for counseling and resolution.
05.02 If a direct resolution is deemed
inappropriate, the person should seek other informal counseling and resolution
with a supervisor, department chair or head, Dean of Students, academic dean or
advisor, counselor, or the Director of Equity and Access.
a. The person reporting the harassment or
discrimination 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 06.
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 towards resolution should be taken within 30 days of receiving 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 the totality of the circumstances.
d. If harassment or discrimination is found, an
admission of guilt, a warning, a promise not to commit such an abuse again or
other appropriate action directed toward the respondent 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 harassment or discrimination report.
05.03 If the person claiming discrimination or
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 harassment or discrimination complaint in writing with the Office of
Equity and Access.
06. PROCEDURES FOR FORMALLY INVESTIGATING AND
DISPOSING OF REPORTS OF HARASSMENT OR DISCRIMINATION
06.01 A person who wishes to file a formal complaint
of discrimination or harassment must notify the Office of Equity and Access.
The complainant must complete and sign the appropriate forms (see Attachment
I). The Director of Equity and
Access should keep the information as confidential as possible.
06.02 The Office of Equity and Access will conduct a
preliminary investigation of an allegation or discrimination within 30 days of
the receipt of the signed form. This includes separate interviews with the
complainant and the respondent, 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 issues 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 06.03) 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.
06.03 Nine members will comprise the
Equity and Access Investigating Committee; three faculty, three students, and
three staff members appointed by the President in consultation with the Faculty
Senate, Staff Council, and 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 harassment or discrimination
that are written and signed using the University’s official complaint form (see
Attachment
I).
c. Ascertain the desired resolution from the
complainant. Any witnesses may be heard or may be asked to submit first-hand
information regarding the complaint.
d. Inform the respondent of the specific
complaint and give him or her the opportunity to respond and to present
information and witnesses.
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 respondent may use an advisor,
including legal counsel for advisory purposes. The advisor may only advise the
alleged respondent 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 or discrimination 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 harassment or discrimination occurred, the Office of Equity and
Access will provide a written report within the 60-day timeline.
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 have 10 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, respondent and the vice
president in the reporting line.
j. The vice
president in the respondent's reporting line will resolve the harassment issue
as soon as possible, but no later than 15 working days after receiving the
panel's written report. The vice president's decision is final and cannot be
grieved or appealed, except as cited in Section 06.03 k.
k. 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. If disciplinary
action is imposed on the respondent for harassment or discrimination, the
respondent may appeal only the severity of the disciplinary action through the
regular grievance process.
l. 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.
06.04
07. PROCEDURES
FOR PUBLICATION AND DISSEMINATION OF THIS POLICY
07.01 Through brochures, workshops, or other appropriate means, the Director of Equity and Access will provide training biennially to all full-time regular employees concerning the following: (a) definitions of harassment and discrimination; (b) examples of incidents of harassment and discrimination; (c) descriptions of how and when to report harassment; (d) descriptions of available informal and formal resolution mechanisms; (e) sources of support and information for complainants 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. Part-time employees are welcome to attend the training, but are not required to by law.
07.02 Deans and heads of administrative units should discuss this policy and issues of harassment and discrimination at meetings of faculty, staff, graduate research assistants, and teaching assistants at least once each year.
07.03 The Director 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 Texas Law.
07.04 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 harassment
(definitions, informal counseling, and formal report procedures). Employees who receive the biennial training
will sign a statement of verification.
07.05 The Office of the Dean of Students will
develop a comprehensive educational program for students dealing with issues of
harassment or discrimination. This educational program should be directed
toward, but not be restricted to, new undergraduate and graduate students.
07.06 The University will summarize its policy on harassment and discrimination in the Faculty Handbook, the Staff Handbook, and the Student Handbook.
08.
REVIEWERS OF THIS UPPS
08.01 Reviewers of this UPPS include
the following:
Position Date
Director, Equity & Access October 1 E3Y
University
Attorney October
1 E3Y
Chair, Staff
Council October
1 E3Y
Chair, Faculty
Senate October
1 E3Y
09. CERTIFICATION
STATEMENT
This UPPS has been approved by the
following individuals in their official capacities and represents
Director, Equity and Access; senior
reviewer of this UPPS
Special Assistant to the President
President