Based
on Race, Color, National Origin, Age, Issue
No. 6
Sex, Religion, Disability,
Veterans’ Status, or Effective
Date: 04/21/2008
Sexual Orientation* Review:
October 1 E3Y
01. POLICY STATEMENTS
*01.01 Texas State is committed to an inclusive
education and work environment that provides equal opportunity and access to
all qualified persons. Texas State, in accordance with applicable federal and
state law and institutional values, prohibits discrimination or harassment on
the basis of race, color, national origin, age, sex, religion, disability, veterans’
status, or sexual orientation.
This UPPS describes
reporting procedures for filing discrimination and harassment complaints, and
the process used to investigate and resolve them.
01.02 Texas State forbids discrimination in any
university activity or program. Faculty members, staff employees, and students
who discriminate against others in connection with a university activity or
program are subject to disciplinary sanctions.
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, sex, religion, disability, veterans’ status, 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, veterans’ status, or sexual
orientation; and
b. reasonably cause them to suffer severe
emotional distress.
c. Sexual harassment is covered by UPPS No.
04.04.42.
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, veterans’ status) and sexual
orientation issues are addressed; assists the Chief Diversity Officer (CDO) and
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 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 the CDO and Director of
03.03 In reporting the conduct, the complainant may be accompanied by a third party.
03.04 The person who believes he or she has been
discriminated against may communicate directly with the person whose conduct is
offensive and may bring a third party. Before adopting a direct approach, the
complainant may seek advice about how best to approach the respondent. Students
are encouraged to consult the Counseling Center or the Dean of Students; staff
and faculty are encouraged to seek assistance from a supervisor or the Office
of the CDO and Director of
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, e.g., 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 the CDO and Director of
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 the CDO and
Director of
04.02 All members of the university community who do not hold a supervisory position are encouraged to notify the Office of the CDO and Director 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. 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 CDO and Director of
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 the CDO and Director
of
c. Before
any corrective action is taken, the supervisor or administrator must consult
with the Office of the CDO and Director of
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 the CDO and Director of
05.03 If
the person claiming discrimination or harassment is not satisfied with the
informal resolution or if the 30-work-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 the CDO and Director of
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 the CDO and Director
of Equity and Access. The complainant must complete and sign the appropriate
forms (see Attachment
I). The CDO and Director of
06.02 The Office of the CDO and Director of
06.03 The
06.04 The CDO and Director of
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 respondent may use an advisor,
including legal counsel for advisory purposes. The advisor may only advise the
respondent and may not otherwise participate in the investigation.
f. If the CDO and Director of
g. If the CDO and Director of
h. Within five work days of the decision, the
Office of the CDO and Director of
i. The Office of the CDO and Director 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 work 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 work 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.
06.05 Texas State
prohibits retaliation against a person who files a harassment or discrimination
complaint or who assists or participates in the investigation of a report.
07. PROCEDURES
FOR PUBLICATION AND DISSEMINATION OF THIS POLICY
07.01 Through brochures, workshops, or other
appropriate means, the CDO and Director of
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 CDO and Director of
07.04 The CDO and Director of
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
Chief Diversity Officer and October 1 E3Y
Director of Equity & Access
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 Texas State
policy and procedure from the date of this document until superseded.
Interim Chief Diversity Officer and
Director of Equity and Access; senior reviewer of this UPPS
Special Assistant to the