Prohibition of Sexual Harassment UPPS No. 04.04.42
Issue No. 4
Effective Date: 04/30/2009
Review: October 1 E2Y
01. POLICY STATEMENTS
01.01 It
is university policy that no faculty, staff, student, or contractor will sexually
harass another member of the university community or visitor to the university.
The university will not tolerate sexual harassment, whether it occurs on or off
campus. Any faculty, staff, or student who violates this policy will face
disciplinary action; a contractor may face loss of contract or other sanctions.
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. Rules
and Regulations of the Board of Regents of The Texas State University System,
Chapter VII, Section 4.4; and
e. contractual
agreements that require the contractor to comply with all state and federal
laws, including those cited above.
02. RATIONALE
02.01 Texas State strives to provide faculty, staff, students and members of the public visiting Texas State University-San Marcos a work place and educational environment free of sexual harassment and intimidation.
02.02 Members
of the university community have the privilege to learn, work and live in a
civil, supportive, and professional atmosphere. Sexual harassment violates these
privileges. It creates a formidable barrier to the free exchange of ideas;
damages the integrity of the work place; and deprives the institution of
productivity, a sense of community and a positive image.
03. DEFINITIONS AND EXAMPLES
03.01 The Equal Employment Opportunity Commission’s amended “Guidelines on Discrimination Because of Sex” (29 C.F.R. 1604.11[a]) and the Rules and Regulations of the Board of Regents of The Texas State University System, Chapter VII, Section 4.4.1, define sexual harassment 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.
03.02 Texas
State intends that its sexual harassment policy comply with all state and
federal law. Accordingly, Texas State will judge sexual harassment claims based
on an intimidating, hostile, or offensive employment or academic environment
from the perspective of a reasonable person in the complainant’s position. In
order to violate university policy, the conduct must be substantively and objectively
offensive, severe, or pervasive.
03.03 In
addition to prohibiting sexual harassment as defined by law, the university
strongly advises against any unprofessional or inappropriate conduct of a
sexual nature in workplace and teaching locations, even that which is not so
serious or pervasive that it rises to the level of sexual harassment. Even if
conduct does not violate policy, investigation of these complaints may find the
conduct inappropriate, resulting in remedial action.
03.04 Behaviors,
if sufficiently offensive, severe, or pervasive, that may constitute sexual
harassment include:
a. intentional and unwelcome touching of
a sexual nature;
b. explicit or implicit propositions to
engage in sexual activity;
c. gratuitous comments of a sexual nature
such as explicit statements, questions, jokes, anecdotes or remarks of a sexual
nature about a person's clothing or body;
d. remarks about sexual activities or
speculation about sexual experiences;
e. exposure to gratuitous sexually
suggestive visual displays such as photographs, graffiti, posters, calendars,
or other materials;
f. deliberate physical interference with
or restriction of an individual's movements;
g. persistent, unwanted sexual or romantic
attention;
h. subtle or overt pressure for sexual
favors; or
i. deliberate, repeated humiliation or
intimidation that is sexual in nature.
03.05 The Office of the Chief Diversity Officer and Director of Equity and Access has developed a brochure, available on request, to provide thorough information and examples of sexual harassment.
03.06
Sexual Harassment and Conflicts of Interest Arising from Consensual
Relationships
a. The
issues of conflict of interest and sexual harassment may arise between two
persons in a consensual relationship when one is in a position to supervise or
evaluate the other. The exercise of power through praise or criticism,
performance evaluations, grades, or recommendation for further study or current
and future employment may diminish freedom of choice for a student or
subordinate.
b. For
example, a subordinate or student in a relationship, who freely consents in the
beginning, may construe the relationship as sexual harassment if he or she feels
pressure to continue the relationship.
c. Persons
in positions of authority should exercise sensitivity to the potential for
sexual harassment and conflicts of interest in personal relationships with
subordinates (Refer to UPPS No.
04.04.39, Consensual Relationships).
d. This
policy may cover complainants that perceive these cases as sexual harassment.
04. PROCEDURES FOR REPORTING INSTANCES OF
SEXUAL HARASSMENT
04.01 Faculty, staff, students and guests of the university who believe that an individual sexually harassed them or are aware of possible sexual harassment, are encouraged to seek resolution through informal (see Section 06. below) or formal (see Section 07. below) university procedures. If several persons believe the same individual sexually harassed them, they should report the incident and have the option to file as a group.
04.02 Individuals
should report sexual harassment orally or in writing, as soon as possible, but
no later than 90 workdays from the date of the alleged incident to any 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 the Chief Diversity Officer and Director of
04.03 For
support, a third party may accompany the person reporting the conduct.
04.04 Persons
who believe they may have been sexually harassed should document all relevant
events, incidents and communications.
Documentation may include the name of the alleged harasser, the date and
nature of the incident, why the incident was considered possible sexual
harassment, and the names of any witnesses.
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 the Chief Diversity Officer and Director of
05.02 All
members of the university community who do not hold a supervisory position are
urged to notify the Office of the Chief Diversity Officer and Director 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 an individual reports an incident, the university may not dismiss it before resolution, 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 The
university may subject any person who knowingly files a false or malicious
charge of sexual harassment to disciplinary action.
06.
PROCEDURES
FOR INFORMAL COUNSELING AND RESOLUTION OF SEXUAL HARASSMENT REPORTS
06.01 Because
of the sensitive nature of sexual harassment, the university will make every
reasonable effort 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 the Chief Diversity Officer and Director of
06.02 As
one method of informal resolution, a person who believes sexual harassment has
occurred may communicate with the alleged harasser directly, and may bring a
third party. Students are encouraged to consult the Counseling Center before
confronting a person whose conduct is offensive. Staff and faculty are
encouraged to first seek assistance from a supervisor or the Office of the
Chief Diversity Officer and Director of
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, for example, the behavior to stop.
c. If
direct communication with the alleged harasser does not result in resolution,
the person should report the incident or incidents to any university authority
identified in Section 04.02. The person who receives the report must notify the
Office of the Chief Diversity Officer and Director of
06.03 If
direct resolution is inappropriate, a person should seek other informal
counseling and resolution with a supervisor, department chair or head, dean or
advisor, counselor, or the Office of the Chief Diversity Officer and Director
of
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 that may include how to file a formal complaint, if desired
(see Section 07.).
b. Supervisors
must consult with the Office of the Chief Diversity Officer and Director of
c. Following
mandatory consultation with the Office of the Chief Diversity Officer and
Director of Equity and Access, the supervisor or administrator will base
corrective action on a full review of the circumstances.
d. If
the supervisor or administrator finds sexual harassment did occur, an admission
of guilt, a warning, a promise not to commit such an abuse again or other
appropriate action directed toward the harasser may suffice to resolve the
incident.
e. The
supervisor is responsible for notifying the Office of the Chief Diversity
Officer and Director of
06.04 If the informal
resolution does not satisfy the person reporting the harassment, or if the thirty
workday timeframe has lapsed without resolution, the complainant is encouraged to
file a formal sexual harassment complaint with the Office of the Chief
Diversity Officer and Director of
07.
PROCEDURES
FOR FORMALLY INVESTIGATING AND DISPOSING OF REPORTS OF SEXUAL HARASSMENT
07.01 A
person wishing to file a formal complaint of harassment must notify the Office
of the Chief Diversity Officer and Director of
07.02
The
Office of the Chief Diversity Officer and Director of
07.03
The
a.
review
all aspects of the complaint;
b.
investigate
all written, signed reports of sexual harassment (see Attachment
I);
c.
ascertain
the desired resolution from the person reporting the harassment. The Equity and
Access Investigating Committee may hear witnesses or ask them to submit
first-hand, written information regarding the complaint;
d.
inform
the alleged harasser of the specific complaints and give him or her the
opportunity to respond and present information and witnesses; and
e.
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.
07.04 Upon
request, the University Attorney will inform the investigating committee of the
university's confidentiality policy 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.
07.05 If
the panel determines that sexual harassment has occurred, it will recommend
appropriate disciplinary or educational actions in a written report within the 120
workday timeframe.
07.06 If
the panel finds that no sexual harassment occurred, it can still determine that
the conduct was inappropriate. The panel will provide a written report within
the 120 workday timeframe.
07.07 Within
five workdays of the decision, the panel will provide its report of its
findings to the University Attorney for review. The University Attorney will
have ten workdays to review the decision.
07.08 The
panel, after consultation with the University Attorney, will issue a final
report. The complainant, the respondent, and the appropriate vice president will
receive it.
07.09 The
vice president in the reporting line will implement any disciplinary action and
will monitor the circumstances to ensure a remedied situation.
07.10
The
respondent may appeal any disciplinary action through the regular grievance process
(see UPPS
No. 04.04.41).
07.11
The supervisor of the person determined to
have engaged in inappropriate behavior will inform the person about the
impropriety of his or her actions in consultation with the Office of the Chief
Diversity Officer and Director of Equity and Access. The university may give an
oral warning following the filing of a second formal complaint and a written
warning following the filing of a third complaint. The respondent may appeal the
warning through the regular grievance process.
07.12 Texas State prohibits retaliation against a person filing a sexual harassment complaint or anyone who assists or participates in the investigation of a report.
08. PROCEDURES
FOR PUBLICATION AND DISSEMINATION OF THIS POLICY
08.01 The Office of the Chief Diversity Officer and Director of Equity and Access will provide training to all full-time regular employees through brochures, workshops, and other appropriate means, concerning:
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; and
e. sources of support and information for victims and respondents, as mandated by Texas law. All full-time employees are required by Chapter 21, Texas Labor Code to receive supplemental training biennially.
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 the Chief Diversity Officer and Director of
08.04 The
Chief Diversity Officer and 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 Dean of Students will develop an
educational program for students dealing with issues of sexual harassment. The university
should direct this educational program 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 The
university may impose the following sanctions for violation of this policy:
a. for
faculty or staff, disciplinary action up to and including termination of
employment;
b. for
students, disciplinary action up to and including dismissal from the university;
c. for
contractors, cancellation of their contract with Texas State or other
appropriate action.
10. CONFLICTS
10.01 If 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 Code
of Student Conduct, this sexual harassment policy shall take
precedence.
11. REVIEWERS OF THIS UPPS
11.01 Reviewers
of this UPPS include the following:
Position Date
Chief Diversity Officer and
Director of October 1 E2Y
Equity and Access
University Attorney October 1 E2Y
Dean of Students October
1 E2Y
Chair, Staff Council October 1 E2Y
Chair, Faculty Senate October 1 E2Y
Co-Chair,
Women
12.
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.
Chief
Diversity Officer and Director of
Special
Assistant to the