SEXUAL
HARASSMENT AND SEXUAL MISCONDUCT COMPLAINTS
A GUIDE
FOR ADMINISTRATORS,
FACULTY, ADVISORS AND SUPERVISORS
I.
Introduction
II. Definitions
III. Reporting and Referral Responsibilities
IV. Complaint Resolution Processes
V. How to Help to Ensure the Prompt and Effective
Handling of Complaints
I.
Introduction
The University
has a commitment to providing an educational environment that
is free from inappropriate conduct of a sexual nature. See The
University’s policy on Sexual Harassment and Sexual Misconduct
at http://www.utexas.edu/policies/hoppm/.
The purpose of this Guide is to provide administrators, faculty,
academic advisors, and supervisors with the information they need
in order to respond appropriately to complaints of sexual harassment
or sexual misconduct by a member of The University’s faculty or
staff, or by vendors or guests on campus.
II.
Definitions
A. Sexual Harassment
Sexual harassment is a form
of gender discrimination. It involves unwelcome advances, requests
for sexual favors, or other verbal or physical conduct of a sexual
nature when:
1) submission to such conduct is made an explicit or
implicit term or condition of employment or status as a student
in a course, program or activity;
2) submission to or rejection of such conduct is used
as a basis for an employment or educational decision; or
3) such conduct has the purpose or effect of unreasonably
interfering with an individual’s work or educational performance,
or creates an intimidating, hostile environment.
Behaviors that may constitute
sexual harassment include but are not limited to:
demanding sexual favors in
exchange for an educational benefit such as a grade, or for an
employment benefit such as a position, promotion or raise.
withholding an educational
or employment benefit because a request for sexual favors is rejected;
or
unwelcome and persistent behavior
such as:
B. Sexual Misconduct
Sexual misconduct is conduct
of a sexual nature that is not so serious or pervasive that it
rises to the level of sexual harassment, but that is unprofessional
and inappropriate for worksites and instructional situations.
Behaviors that may constitute
sexual harassment include but are not limited to:
- failure to observe the appropriate
boundaries of the supervisor/subordinate or faculty/student
relationship;
- Repeatedly engaging in sexually
oriented conversations, comments or horseplay, for example,
telling jokes or anecdotes of sexual nature in the workplace
or classroom, even if those present do not object to that conduct;
- Gratuitous use of sexually
oriented materials not directly related to the subject matter
of work, a meeting, a class or course, even if those present
do not object to the use of the material.
C. Consensual
Relationships
The University considers a consensual
romantic and/or sexual relationship between a University employee
with supervisory teaching, evaluation or advisory authority and
an employee, student or student employee who is directly supervised,
taught, evaluated or advised by such employees to be a prohibited
conflict of interest. Such relationships must be reported pursuant
to The University’s policy. See http://www.utexas.edu/policies/hoppm/04.A.02.html.
III.
Reporting and Referral Responsibilities
Administrators, academic advisors
and supervisors are responsible for promptly reporting incidents
of sexual harassment or sexual misconduct that come to their attention
as follows:
- Employee complaints of sexual misconduct or sexual
harassment by a member of the faculty or staff or vendor or
visitor to the campus should be reported, and the complainant
referred, to the Equal Employment Opportunity Office, 206 Flawn
Academic Center, 471-1849.
- Student complaints of sexual harassment or sexual misconduct
by a member of the faculty or staff or by a vendor or visitor
to the campus should be reported, and the complainant referred,
to the Sexual Harassment Officer for Students, Office of the
Dean of Students Office, Room 4.14, Student Services Building,
471-9700.
- Student complaints of sexual
harassment or sexual misconduct by another student should be
reported, and the complainant referred, to Student Judicial
Services, Office of the Dean of Students, Room 4.104, Student
Services Building, 471-2841.
A Guide for Students concerning
sexual harassment and sexual misconduct complaints is available
on the Dean of Students Homepage at http://deanofstudents.utexas.edu/.
IV.
Complaint Resolution Processes
The Office of Equal Opportunity
Services and the Office of the Dean of Students are responsible
for the initial intake and handling complaints of sexual harassment
of sexual misconduct by employees and students. The staffs of
these offices are also available to help complainants clarify
the nature of the problem, explain the resolution processes, and
identify other University services that may be helpful to them.
The Director of Equal Opportunity Services and the Dean of Students’
Sexual Harassment Officer also determine, in consultation with
the Office of Legal Affairs, whether to resolve a complaint on
an informal or formal basis.
A. Informal Resolution of
Complaints
Informal resolution of a complaint
is appropriate when a complaint is not of a serious or severe
nature and disciplinary action is not required to remedy the situation
that is the subject of the complaint. Informal complaint resolutions
are facilitated by the Office of Equal Opportunity Services or
the Dean of Students Office; they can include coaching a complainant
to address a situation directly, facilitating for a mediation
between the parties, helping to modify a work or study situation,
or arranging a documented meeting between a University official
and the alleged offender where, at a minimum, the requirements
of the Sexual Harassment and Sexual Misconduct Policy are discussed.
B. Formal Resolution of Complaints
Formal resolution is appropriate
when a complaint alleges serious sexual harassment or misconduct,
or a pattern of sexual misconduct or sexual harassment. Formal
resolution involves an official investigation of the complaint
and the possibility of disciplinary action being taken against
the offender.
The formal process is initiated
when the complaining student or employee submits a written and
signed statement to either the Director of Equal Opportunity Services
or the Dean of Students’ Sexual Harassment Officer that describes
the offensive conduct in detail. Complaints against members of
the faculty or staff will be referred to vice-president with the
responsibility for the unit in which the alleged offender works
who will immediately appoint an investigator. A copy of the written
complaint is provided to the accused person who has the opportunity
to provide a response to it within a specific period of time.
Both the complainant and the accused individual will be personally
interviewed as a part of the investigation, as will any witnesses
or persons who have information related to the complaint that
would be helpful in its resolution.
The investigator will provide
a report on the complaint to the appropriate vice-president, who
determines whether there has been a violation of the Sexual Harassment
and Sexual Misconduct Policy. If the vice-president determines
that the policy has been violated, a variety of disciplinary sanctions
may be imposed including a letter of reprimand, participation
in sexual harassment sensitivity education, suspension or termination
of employment. If an employee is suspended without pay or terminated
because of a violation of the policy, the complaining party may
be required to appear and testify as a witness at a University
hearing.
C. Confidentiality
The University creates and maintains
records of all complaints and their resolutions; and protects
the confidentiality of those records to the extent permitted by
law. The University will also attempt to keep the identity of
the complainant confidential; however, in most instances disclosures
of the identity of the complainant may become apparent or will
necessarily be disclosed as a part of the resolution process.
D. Retaliation Prohibited
A student, faculty or staff
member who retaliates in any way against an individual who has
brought a complaint in good faith pursuant to this policy or participated
in good faith in an investigation of such a complaint, is subject
to disciplinary action, up to and including dismissal from The
University.
V.
How to Help to Ensure the Prompt and Effective Handling of Complaints
A. Be Available to Meet With
and Listen To the Complainant
Supervisors, faculty members,
chairs, advisors and administrators may be the first persons that
a staff member or student seeks informs about a possible problem
with sexual misconduct or harassment. Therefore, it is important
that those persons make themselves accessible to students and
staff so that any problems with sexual harassment or sexual misconduct
can be reported as soon as possible. There is no need for the
person listening to the complaint to offer an opinion as to whether
there has been a violation of The University’s policy.
B. Be Able to Give the Complainant Information About
The University’s Procedures for Handling Complaints of Sexual
Harassment or Sexual Misconduct.
Those persons who receive a
complaint concerning sexual harassment or sexual misconduct should
be able to provide the complainant with general information about
how The University may handle the complaint in addition to the
information in this Guide.
C. Refer the Complainant
to the Appropriate Office As Soon As Possible
In order to insure appropriate
handling and record keeping of sexual harassment or sexual misconduct
complaints, supervisors, and administrators who receive them should
refer the complaining student or employee to the appropriate office
as soon as possible to the offices listed above in Part II.
D. Document the Meeting and
Report to an Appropriate Administrator
It is suggested that a supervisor,
administrator, or advisor who receives a complaint should prepare
a report that briefly notes the date of the meeting with the complaining
employee or student, the nature of the complaint and the steps
taken, if any, by that person in response to it.
E. Be Aware of Confidentiality
Issues
The University cannot promise
total confidentiality to persons who bring sexual harassment or
sexual misconduct complaints; however, it is the University’s
practice to maintain the confidentiality of those complaints to
the extent permitted by law. Therefore, information about the
complaint should be disclosed only to administrative supervisors
or other persons within The University who need to know about
it in order to aid in its resolution.
F. Call for Help or Information
Information about The University’s
Sexual Harassment and Sexual Misconduct Policy and how to respond
to complaints is available from the Office of Equal Opportunity
Services, 471-1849, or from the Office of the Dean of Students,
Sexual Harassment Officer, 471-9700.
19 June 2002
