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Home / Dean of Students / University Policies / Discrimination

Discrimination

To the extent provided by applicable law, no person shall be excluded from participation in, denied the benefits of, or be subject to discrimination under, any program or activity sponsored or conducted by The University of Texas System or any of its institutions, on the basis of race, color, national origin, religion, sex, age, veteran status, or disability. (Regents’ Rules and Regulations, Series 10701)

Non-discrimination, Sexual Harassment, and Sexual Misconduct Policy
The University of Texas of the Permian Basin is committed to the principle that the working and learning environment provides equal opportunity to all of the University’s faculty, staff and students and should be free from inappropriate conduct of a sexual nature. In accordance with federal and state law, the University prohibits unlawful discrimination on the basis of race, color, religion, national origin, age, disability, citizenship, and veteran status. Sexual harassment and sexual misconduct are unprofessional behaviors and individuals who engage in such conduct will be subject to disciplinary action up to and including termination.

Every supervisor, administrator, and University official should promptly report alleged incidents of discrimination, sexual harassment, or sexual misconduct that come to their attention to the Dean of Students in cases involving students, or to the Director, Office of Human Resources, for all other situations.

Scope of Policy
This policy applies to all faculty members, administrators, staff, students, and applicants for employment or admission of The University of Texas of the Permian Basin. It applies not only to unwelcome conduct that violates state and federal laws concerning sexual harassment but also to inappropriate conduct of a sexual nature. It is also applicable regardless of the gender of the complainant or the alleged harasser. This policy is the principal prohibition of all forms of discrimination on campus, except as follows:

Complaints concerning wages, hours of work, working conditions, performance evaluations, merit raises, job assignments, reprimands, and the interpretation or 149 application of a rule, regulation or policy that do not involve allegations of discrimination are governed by Handbook of Operating Procedures, Part 3, Section 16, Grievance Policies and Procedures.

 

Definitions

Discrimination
Discrimination is conduct directed at a specific individual or a group of identifiable individuals that subjects the individual or group to treatment that adversely affects their employment or education because of their race, color, religion, national origin, age, disability, citizenship, or veteran status.

Sexual Misconduct
Sexual misconduct includes unwelcome sexual advances, requests for sexual favors, or verbal or physical conduct of a sexual nature directed towards another individual.

Sexual Harassment
Sexual harassment includes unwelcome sexual advances, requests for sexual favors, verbal or physical conduct of a sexual nature when:

• submission to such conduct is made either explicitly or implicitly a term or condition of employment or student status;
• submission to or rejection of such conduct is used as a basis for evaluation in making personnel or academic decisions affecting an individual; and/or
• such conduct has the purpose or effect of unreasonably interfering with an individual’s performance as a faculty member, staff member or student or creating an intimidating, hostile or offensive environment.

Examples of deliberate behavior that could be considered sexual misconduct or sexual harassment include but are not limited to:

• physical contact of a sexual nature including touching, patting, hugging, or brushing up against a person’s body;
• explicit or implicit propositions or offers to engage in sexual activity;
• comments of a sexual nature including sexually explicit statement, questions, jokes or anecdotes;
• remarks of a sexual nature about a person’s clothing or body; remarks about sexual activity;
• speculations about sexual preference;
• exposure to sexually oriented graffiti, pictures, posters, or materials; and/or,
• physical interference with or restriction of an individual’s movements.

Options to Address Concerns or Complaints
The University of Texas of the Permian Basin provides informal intervention and formal complaint procedures that individuals may use to address concerns or complaints. The informal process described in this policy may be used as a prelude to filing a formal complaint, or as an alternative. It is not necessary that the informal option be used. Anyone who believes that he or she has been subjected to sexual harassment may immediately file a formal complaint by following the procedures outlined in this policy. Individuals may have a person of their choice assist them with the process.

Information is available in the Office of Human Resources to assist members of the University community:

• help the complainant understand the definition of discrimination and sexual harassment and determine if the alleged conduct, if true, would constitute discrimination or sexual harassment; 
• explain the various informal and formal options available to the individual; and
• identify various support services available to the individual.

Counseling services are available through the University Counseling Services to students who have complaints about sexual harassment or sexual misconduct.

• Any investigation revealing that a claim of sexual harassment or sexual misconduct was based upon maliciously false information will result in disciplinary action up to and including termination for the individual making such false statements.

 Retaliation Prohibited
A faculty member, staff or student who retaliates in any way against an individual who has brought a complaint in good faith pursuant to this policy or an individual who has participated in good faith in an investigation of such a complaint is subject to disciplinary action up to and including termination.

Confidentiality
The University of Texas of the Permian Basin will endeavor to maintain confidentiality to the extent permitted by law. Where the complainant’s desire to maintain anonymity may constrain attempts to establish facts and eliminate the potential discrimination or harassment, the University will attempt to find the right balance between the complainant’s desire for confidentiality with the responsibility of the University to provide an environment free of discrimination and harassment. However, the University may take more formal action to ensure an environment free of discrimination, sexual harassment or sexual misconduct.

Informal Intervention
Requests for informal intervention should be directed to the Office of Human Resources, Director or Dean of Students. Individuals are provided assistance to attempt to resolve possible discrimination or harassment if he or she does not wish to file a formal complaint. Such assistance includes developing strategies for the individual to effectively inform the offending party that his or her behavior is inappropriate or unwelcome and should cease; action by an appropriate University official to stop the unwelcome conduct; or mediation. However, the University may take more formal action to ensure an environment free of discrimination, sexual harassment or sexual misconduct. This action may include an interview with the offending party or additional University-wide training. The University will document the existence and resolution of informal interventions. The Office of Human Resources Director or Dean of Students, as appropriate, shall review the status of requests for informal intervention that have not been resolved within 60 days and document the reason for delay of resolution. Such documentation will be retained by the Office of Human Resources Director or Dean of Students, as appropriate, and will be kept confidential to the extent permitted by law.

 

Formal Complaint Procedures

The following are the steps that an individual must follow in the formal complaint procedure.

Filing a Formal Complaint
(This complaint procedure also constitutes the grievance procedure for complaints alleging unlawful sex discrimination required under Title IX of the Education Amendments of 1972. As used herein, “complaint” is synonymous with “grievance”.)

A written complaint must be filed within thirty (30) calendar days of the occurrence of the alleged violation. In the case of a currently enrolled student, if the last day for filing a complaint falls prior to the end of the academic semester in which the alleged violation occurred, then the complaint may be filed within fifteen (15) calendar days after the end of the semester.

When the accused individual is a student, the complaint must be made to the Dean of Students. All other complaints must be submitted to the Office of Human Resources Director. In no case will a complainant be required to report such behavior to the person accused of the misconduct. If a supervisor receives a complaint, he or she will immediately notify the Office of Human Resources Director. The Office of Human Resources Director or the Dean of Students will advise the complainant of the procedures for filing a formal complaint.

To initiate the investigation process, the complainant should submit a written statement setting out the details of the conduct that are the subject of the complaint including the complainant’s name, signature, and contact information; the name of the person directly responsible for the alleged violation; a detailed description of the conduct or event that is the basis of the alleged violation; the date(s) and location(s) of the occurrence(s); the names of any witnesses to the occurrence(s); the resolution sought; and any documents or information that is relevant to the complaint. While an investigation may begin on the basis of an oral complaint, the complainant is strongly encouraged to file a written complaint. When a supervisor or the Dean of Students receives a written complaint, he or she will immediately notify the Office of Human Resources Director.

Complaint Investigation
The Dean of Students or the Office of Human Resources Director, as appropriate, will investigate all complaints. If the complaint is not made in writing, the investigator will prepare a statement of what he or she understands the complaint to be and seek to obtain verification of the statement from the complainant. A failure to investigate and take appropriate action is a violation of this policy. As part of the investigation process, the accused individual shall be provided with a copy of the complaint and allowed a reasonable time to respond in writing.

Any persons thought to have information relevant to the complaint shall be interviewed and such interviews shall be appropriately documented. Other acceptable methods for gathering information include but are not limited to visual inspection of material alleged to be offensive and follow-up interviews as necessary.

The investigation of a complaint will be concluded as soon as possible after receipt of the written complaint. The appropriate administrator overseeing the Office of Human Resources Director or Dean of Students, when a student is the subject of a complaint, shall review investigations exceeding 60 days. Justification for a prolonged investigation will be documented. The complainant, accused individual, and supervisor will be provided an update on the progress of the investigation after the review.

Report of Findings of Investigation and Recommendations for Action
Upon completion of the investigation, a written report will be submitted to the appropriate administrative head or appropriate vice president. The report shall include findings of the investigation and a recommendation as to whether disciplinary action should or should not be pursued against the accused individual. A disciplinary penalty will be proposed if disciplinary action is recommended. Findings will be based on the totality of circumstances surrounding the conduct complained of, including, but not limited to: The context of that conduct, its severity, frequency, whether it was physically threatening, humiliating, or was simply offensive in nature. Subject to the Family Educational Rights and Privacy Act, a copy of the report will also be provided to the complainant and the accused who may submit comments regarding the report the designated administrative head or vice president ten (10) working days from the date the report is mailed. Within forty (40) working days from the date the report is mailed to the parties, the designated administrative head or vice president shall take one of the following actions: 1) request further investigation into the complaint; 2) dismiss the complaint if the results of the completed investigations are inconclusive or there is sufficient reasonable, credible evidence to support the allegation(s); or 3) find that this policy was violated. The complainant and the respondent shall be informed in writing of the administrative official’s decision subject to the Family Educational Rights and Privacy Act.

Recommendations for disciplinary action will be handled in accordance with the University’s policy and procedures for discipline and discharge for faculty and staff. The Dean of Students will proceed with the investigation and disposition of a complaint against a student in accordance with the University’s student disciplinary procedures.

Documentation will be kept for twenty-four (24) months after the file is closed. (The University of Texas of the Permian Basin Operating Procedures – Part 3: Personnel – Part 1)