Prohibition of Discrimination or Harassment                                                                                             UPPS No. 04.04.46

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

                                                                                                                                                                        Attachment I

 

 

01.       POLICY STATEMENTS

 

01.01  We at Texas State are committed to an inclusive education and work environment that provides equal opportunity and access to all.  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, gender, religion, disability, 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, 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 Counseling Center or the Dean of Students; staff and faculty are encouraged to seek assistance from a supervisor or the Office of Equity and Access. A person who believes he or she has been discriminated against:

 

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  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 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 Texas State policy and procedure from the date of this document until superseded.

 

Director, Equity and Access; senior reviewer of this UPPS

 

Special Assistant to the President

 

President