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UNIVERSITY POLICIES AND GUIDELINES
ALCOHOLIC BEVERAGES
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Alcoholic beverages may not be consumed and/or distributed on campus unless at an approved event. Refer to the
Alcoholic Beverage Use on Campus (http://www.uhv.edu/fin/policy/A/a-41.htm) policy for
more information.
CELL PHONES
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Cell phones and other noise-making devices are to be turned off in classrooms, labs, library and study areas, and at other times when they may be disruptive to university
functions.
CHILDREN ON CAMPUS
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The University of Houston-Victoria welcomes and encourages visitors to campus. However, appropriate precautions and limitations are
necessary to protect health and safety. Safety is a primary concern when considering the presence of children on campus. Therefore, UHV has instituted the following guidelines.
Student Guidelines
- A child should not be unattended on campus at any time.
- Children are not allowed in classrooms while classrooms are in session unless permission is granted by the faculty member.
Visitor Guidelines
- A child should not be unattended on campus at any time.
- The parent or guardian must assure that children are not disruptive.
Sponsored Events
UH-Victoria recognizes the value of children visiting the campus and will accommodate sponsored events that encourage their participation. To facilitate
the success of such programs, sponsors should:
- Eliminate or minimize obvious workplace dangers prior to the event.
- Become familiar with exits, fire alarms, bathrooms, first aid, etc.
- Avoid campus areas that are high risk.
- Never leave children unaccompanied.
COMPUTER USAGE
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Information Technology provides services and resources to the faculty, staff and students of UHV. All users are responsible for using
the campus computing systems and available network resources in an effective, efficient, ethical, and lawful manner. The ethical and legal standards that are to be maintained are derived directly
from standards of common sense and common decency that apply to the use of any public resource. The campus computing facilities are public resources and should not be used by unauthorized
personnel or for personal or corporate profit.
The following conditions apply to all users of the computing facilities. Violations of any of these conditions are certainly unethical and may be violations of school policy or criminal
offenses. As a condition of use of any of the computing facilities, including local and wide-area network resources, the user agrees to respect
- the privacy of other user's files, accounts, and passwords,
- the legal protection (copyright) of software and data; for example, users shall not make copies of a licensed computer program to avoid paying additional license fees or to share with
other users,
- the intended usage for which access was granted,
- the integrity of computing systems,
- the financial structure (or charges) of a computing system,
- the shared nature of the computing resources, and the rights of other users.
Users should report to computing services, or to the individual in charge of their computing resources, any information they may have concerning instances in which the above conditions have
been or are being violated.
When possible violations of these conditions of use are reported or discovered, the university reserves the right to begin an investigation of possible abuse. In this connection, the facility
managers, with due regard for the rights of privacy and other rights of users, have the authority to examine passwords, files, accounting information, printouts, or other material that may aid the
investigation. Users, when requested, are expected to cooperate in such investigations. Failure to do so may be grounds for cancellation of access privileges. While an investigation is in progress,
in order to prevent further possible unauthorized activity, the facility manager may suspend the authorization of computing services to the individual or account in question.
When possible unauthorized use of computing resources is encountered, the facility manager shall notify the user. The user is expected to take remedial action or to indicate that such use should
be permitted. Should unauthorized use continue after notification of the user or should differences of opinion persist, these shall be brought to the attention of the Information Technology
Director for recommendations on further action. Upon the recommendation of the Information Technology Director, facility managers may impose limitations on continued use of computing resources.
Confirmation of unauthorized use of the computing facilities may also result in disciplinary review, as outlined in the Academic Sanctions and Appeals Policy, which could lead to expulsion from
the institution, termination of employment, and/or legal action.
DISRUPTION OF UNIVERSITY OPERATIONS AND EVENTS
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The right of peaceful student protests within the university community needs to be preserved. The university however, has the responsibility to ensure the safety of individuals, the protection
of property, and the continuity of the educational process. Accordingly, the university will not permit any individual, or individuals, to disrupt or attempt to disrupt the operation and
functioning of the university. (See Student Conduct section in this handbook.)
University officials will determine when disruptive conditions exist and have the authority to take necessary and reasonable actions to quell or prevent the disruption. This section is not to be
construed to infringe on any right of free speech or expression guaranteed by the Constitution of the United States or of this State. Below are excerpts from the Texas Education Code relating to
disruptive activities.
Disruptive Activities - Section 51.935 (Excerpts, section 51.935, Texas Education Code)
- A person commits an offense if the person, alone or in concert with others, intentionally engages in disruptive activity on the campus or property of an institution of higher education.
- An offense under this section is a Class B misdemeanor.
- Any person who is convicted the third time of violating this section is ineligible to attend any institution of higher education receiving funds from this state before the second anniversary of the third conviction.
Disruptive Activities-(Excerpts, Section 37.123, Texas Education Code)
- A person commits an offense if the person, alone or in concert with others, intentionally engages in disruptive activity on the campus or property of any private or public school.
- For purposes of this section, disruptive activity is
- obstructing or restraining the passage of persons at an exit, entrance, or hallway of a building without the authorization of the administration of the school;
- seizing control of a building or portion of a building to interfere with an administrative, educational, research, or other authorized activity;
- preventing or attempting to prevent by force or violence or the threat of force or violence a lawful assembly authorized by the school administration so that a person attempting to
participate in the assembly is unable to participate due to the use of force or violence or due to a reasonable fear that force or violence is likely to occur;
- disrupting by force or violence or the threat of violence a lawful assembly in progress; or
- obstructing or restraining the passage of a person at an exit or entrance to the campus or property or preventing or attempting to prevent by force or violence or by threats of force
or violence the ingress or egress of a person to or from the property or campus without the authorization of the administration of the school.
- An offense under this section is a Class B misdemeanor.
- Any person who is convicted the third time of violating this section is ineligible to attend any institution of higher education receiving funds from this state before the second
anniversary of the third conviction.
Disruption of Classes-(Excerpts, Section 37.124, Texas Education Code)
- A person commits an offense if the person, on school property or on public property within 500 feet of school property, alone or in concert with others, intentionally disrupts the conduct
of classes or other school activities.
- An offense under this section is a Class C misdemeanor. In this section
- Disrupting the conduct of classes or other school activities” includes
- emitting noise of an intensity that prevents or hinders classroom instruction;
- enticing or attempting to entice a student away from a class or other school activity that the student is required to attend;
- preventing or attempting to prevent a student from attending a class or other school activity that the student is required to attend; and
- entering a classroom without the consent of the teacher and, through either acts of misconduct or the use of loud or profane language, disrupting class activities.
Refusing or Failing to Leave Building Closed to Public-(Section 51.242, Texas Education Code)
“No person may refuse or fail to leave a building under the control and management of a public agency, including a state-supported institution of higher education, during those hours of the day or
night when the building is regularly closed to the public. Upon being requested to do so by a guard, watchman, or other employee of a public agency, including a state-supported institution of
higher education, controlling and managing the building or property, if the surrounding circumstances are such as to indicate to a reasonable person that the individual or individuals have no
apparent lawful business to pursue.”
Unauthorized Person Refusal of Entry, Ejection, Identification-(Section 51.209, Texas Education Code)
“The governing Office of Admissions and Records of a state institution of higher education or its authorized representatives may refuse to allow persons having no legitimate business to enter on
property under the Office of Admissions and Records’ control, and may eject any undesirable person from the property on his refusal to leave peaceably on request. Identification may be required of
any person on the property.”
Trespass, Damage, Etc. – (Section 51.204, Texas Education Code)
“It is unlawful for any person to trespass on the grounds of any state institution of higher education of this state or to damage or deface any of the buildings, statues, monuments, memorials,
trees, shrubs, grasses, or flowers on the grounds of any state institution of higher education.”
DRUG AND ALCOHOL ABUSE PREVENTION POLICY (C-19)
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It is the policy of the University that illicit drug use including their manufacture, sale, distribution, dispensation or possession is prohibited in the
workplace, on the campus, or as part of any University activity. Consequently the use of alcoholic beverages is prohibited on the campus or as part of any
University activity unless for an approved sponsored event where alcoholic beverages may be legally distributed. See University policy A-41, Alcoholic Beverage
Use On Campus, for more information.
This policy applies to the University of Houston-Victoria, University of Houston System at Cinco Ranch and the University of Houston System at Sugar Land
campuses.
The unlawful use of drugs or abuse of other drugs and alcohol is inconsistent with the behavior expected of members of the University community. The
University is committed to the development and maintenance of a drug-free environment on the campus as well as an environment that prohibits the abuse
of other drugs and alcohol. The University has a drug and alcohol abuse prevention program in operation and it is accessible to all members of the University
community. The University is committed to the further expansion of that program and the dissemination of drug awareness information to the members of the
University community. In addition, the University is committed to enforcing the provisions of the Drug-Free Workplace Act of 1989 and believes that these
acts provide the proper framework for the drug and alcohol abuse policies of the University.
Please review the complete Drug and Alcohol Abuse Prevention policy online
( http://www.uhv.edu/fin/policy/C/c-19.htm ).
The health risks associated with drug and alcohol usage as well as the penalties that can be imposed under state and federal law for illegal use are also
described within the policy.
Employee and Student Resources
The Human Resources Office and the Student Services Office have information available on drug and alcohol abuse and community resources.
Penalties for Violation of the Policy (excerpts)
Any student who admits to or is found to have violated the University’s Campus Life Policies regarding the unlawful possession, use or distribution of illegal drugs and alcohol on campus or at
university-sponsored events held off-campus, will be subject to disciplinary action up to and including expulsion, may be referred for prosecution, and/or may be required to satisfactorily
participate in a drug and alcohol assistance or rehabilitation program as agreed upon by the student and the university.
EMPLOYEES AS STUDENTS
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Since the University of Houston-Victoria (UHV) is a public institution providing instruction in higher education, UHV allows its
employees and other UH System employees to enroll in UHV courses.
To ensure that all students, including UHV and UH System employees, receive the same level of access and treatment we expect those employees who enroll in classes offered by UHV to abide by the
following guidelines:
- Employees will not use their positions at the university to try to gain faculty/student privileged information.
- Employees realize that when they are enrolled in a university course, their rights and responsibilities become no different from those of other students.
- Employees will respect the authority of faculty and not use the employee’s position within the university to gain preferential treatment.
- Employees with WebCT administrative access agree not to use their administrative privileges to access any online courses within their degree program. A signed, written agreement will
reside in Instructional Support Services.
FIREARMS, FIREWORKS, AND EXPLOSIVES
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Use or possession of firearms, fireworks, or explosives of any description is prohibited on university property.
FREE SPEECH
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Students have freedom of speech.
HAZING
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Group or individual activities which could result in physical harm or severe mental duress to an individual as a consequence of physical
or verbal harassment is considered a crime under the Penal Code of the State of Texas. Such activities shall include, but not be limited to, the submission of a student to physical exertion,
humiliation, or intimidation by threats of ostracism as a condition to becoming a member of any recognized university organization. Questions regarding the approval of an organization's activity
can be discussed with the Manager of Student Services.
A person commits the offense of hazing if the person engages in hazing, solicits, encourages, aids or attempts to aid another in hazing, knowingly permits hazing to occur, or has firsthand
knowledge that a specific hazing incident has occurred or may occur and does not report it to the proper university officials. An organization that knowingly engages in or encourages hazing also
may be charged with the offense of hazing. This offense is punishable by a fine and/or confinement in jail.
It is not a defense to a charge of hazing that the person at whom the act was directed consented to or acquiesced in the hazing activity. If you have knowledge that a person or organization is
planning or has committed an act of hazing, you must report the information to the Manager of Student Services.
NON-ACADEMIC GRIEVANCE PROCEDURES FOR STUDENTS:
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Informal Grievance Procedure
Student services staff wants to provide an atmosphere and a forum through which a non-academically related complaint or grievance can be pursued by any currently enrolled UHV student. Students may
meet informally with the Manager of Student Services regarding a nonacademic grievance or complaint. If after exhausting the informal options for resolving a grievance, a student still believes
that a satisfactory resolution has not been reached, the student may file a formal grievance under the guideline listed below.
Complaints or grievances regarding student organizations should proceed through the appropriate
student organization appeals/grievance process. Each student organization's bylaws
describe appropriate processes/procedures for that organization. If students have issues with student organization processes/ procedures, they should refer to
the appropriate student organization bylaws on the web at http://www.uhv.edu/student_org/default.asp
Formal Grievance Procedure
Formal grievances of a non-academic nature may be filed by any currently enrolled student and must be directed, in writing, to the Senior Director of
Student and Academic Services who, in turn, may refer the matter to the Student Grievance Committee. If the student and Senior Director of Student and
Academic Services can reach a mutually agreeable resolution, the grievance will not be forwarded to the grievance committee.
The grievance must, in the Senior Director of Student and Academic Services opinion: (1) involve palpable issues and evidence capable of sustaining rational argument and (2) be filed within one
term (fall, summer, or spring) of the alleged occurrence leading to initiation of the formal grievance.
If the two conditions noted above are met, the student should petition the Senior Director of Student and Academic Services in writing, specifying the action requested and explaining the basis
for the request. Any documents or materials considered relevant should be cited or submitted. The Senior Director of Student and Academic Services will respond within ten (10) working days of
receipt of the written grievance.
Upon notification of the relevant parties, the process will unfold as follows:
- The Student Grievance Committee appointed by the Senior Director of Student and Academic Services (comprised of the President of Student Senate, a faculty senate representative, the Staff
Council Chair, and 2 students) will examine the grievance and supporting evidence and will establish a meeting time when the relevant parties can attend. The committee will follow applicable
procedures as outlined in the Student Grievance Procedure section.
- The student and others may be asked to appear separately or together, at the committee's discretion.
- The student may bring one person to witness the hearing, but the person is not to participate unless called upon. (If the person is to be an attorney, the Senior Director of Student and
Academic Services must be informed in advance).
- The student may have others submit testimony in person or in writing.
- A person(s) named in the grievance may also have others submit testimony.
- Following the hearing of the grievance, the committee will deliberate and reach a judgment advisory to the Senior Director of Student and Academic Services. As convener of the committee,
the Senior Director of Student and Academic Services will be a non-voting member.
- Within ten working days of the committee decision, the Senior Director of Student and Academic Services will send a written notice of the decision to
the student, person(s) name in the grievance and the Provost.
Findings of the Student Grievance Committee may be appealed to the President of UHV whose decision will be final.
PARKING AND TRAFFIC REGULATIONS
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At the Victoria campus a parking permit does not guarantee a parking space but authorizes a
student to park in designated areas if space is available. Parking on the UHV Campus is shared with Victoria College. All vehicles parked at the Victoria
campus should have either a valid decal or temporary permit with the exception of visitors parked in designated areas. Please go to:
http://www.uhv.edu/fin/policy/A/a-19.htm to review
UHV student parking policies and procedures. Parking regulations are enforced. Parking
violations can result in warnings, progressive fines, towing, banning of vehicle from campus, and financial stops preventing re-enrollment until the
violations(s) are cleared.
Additionally, the university has the authority to bar or suspend the permit of any vehicle from driving or parking on any institutional property for the
violation of any rule or regulation promulgated by the board (Section 51.207, Texas Education Code).
At the campus in Victoria, students with a valid UHV or VC parking permit may park in any student or unreserved (unmarked) parking spot on either the UHV
or VC campuses. Hanging decals must be clearly displayed to avoid a citation.
Students with disabilities must apply through a local tax assessor's office for the state recognized, specially designated license plate or visor
decal indicating a disability.
The Police and Fire Departments randomly patrol campus parking lots. Tickets may be issued for parking in a Fire Zone or illegally parking in a
Handicapped space.
The campus has no jurisdiction over tickets issued by city or county authorities.
Parking Appeals
If you believe that you should not have received a parking or traffic citation, you have the right to appeal. You must appeal within thirty days of the date of the citation or your right to appeal
is lost. Contact the UHV Department of Business Services for an appeal form or go on-line to print one. Refer to the university campus’
Parking and Traffic Policy (http://www.uhv.edu/fin/policy/A/a-19.htm) for complete
information. Parking regulations and appeal procedures are subject to change by university action.
POSTING OF NOTICES
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The university permits the posting and distribution of information and campus activities in the student lounge, bulletin boards at
building entrances, and in newsletters that are of general interest to the students.
All notices posted on the UHV bulletin boards must be approved and date-stamped by the Student Services Office (SOS). Unstamped notices and inappropriately placed notices, such as on outside
glass doors to the building, hall walls, and inside classrooms, will be removed by the SSO personnel. Notices that are obscene, libelous, or advocates the deliberate violation of a federal or state
law or published university policy will not be posted or distributed. Also, notices of commercial nature will not be posted or distributed.
Any posting that is more than one month old will be taken down unless prior arrangements are made with the SSO.
SEARCH AND SEIZURE
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Students shall not be subjected to illegal search and seizure.
SEXUAL ASSAULT
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The University of Houston-Victoria is committed to providing a safe and secure campus environment for everyone. Although there have been
no reports of sexual assault occurring at the UHV, UHSCR, UHSSL campuses or the public areas immediately adjacent to these campus for the three year reporting period ending 12/31/06, the university
provides information
(http://www.uhv.edu/health/SexualAssault_SO.html) if you should be the victim of a sexual
assault. To review the current campus crime statistics, please refer to the Campus Security Report at
http://www.uhv.edu/fin/safety/manual/Security_Report/Campus_Crime_Report.pdf
.
SEXUAL HARASSMENT
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The University of Houston-Victoria (UHV) is committed to providing a professional working and learning environment free from sexual
harassment. Sexual harassment is a form of sex discrimination and is illegal. UHV will not tolerate any form of sexual harassment. Furthermore, UHV is committed to providing the training to educate
the staff, faculty, and students about sexual harassment issues.
Definition and Statutory Reference
Harassment on the basis of gender is discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C.§2000e, and Title IX of the Educational Amendments of 1972, 20 §U.S.C. 1681.
In addition, sexual harassment by a public servant is a criminal offense under Texas Penal Code §39.02, and sexual harassment by any individual may constitute assault, sexual assault, public
lewdness, or indecent exposure under Chapters 21 and 22 of the Texas Penal Code.
Sexual harassment most often exploits a relationship between individuals of unequal power and authority (as, for example, between an employee and supervisor or between a student and teacher)
but may also occur between student peers or employees of equal rank. Sexual harassment is not limited by gender of either party, nor by superior/subordinate relationships. At a university, sexual
harassment also constitutes unprofessional conduct which compromises the university's commitment to the pursuit of learning.
Unwelcome sexual advances, requests for sexual favors, verbal and written comments, or physical conduct of a sexual nature may constitute sexual harassment when such conduct:
- is made, either explicitly or implicitly, a term or condition of instruction, employment, or participation in a university activity; or
- is used to be a basis for evaluation in making academic or personnel decisions affecting an individual; or
- creates an intimidating, hostile, or offensive university environment.
In relation to the foregoing statements, sexually harassing behavior may include, but is not limited to, the following: unwelcome sexual flirtations, advances, or propositions; verbal remarks of
a sexual nature (whether directed to an individual or a group), including sexually explicit or offensive jokes; graphic or degrading verbal or written comments of a sexual nature about an
individual or the individual's appearance; any suggestive or unwelcome physical contact; conduct of a sexual nature that interferes with a student's academic or extracurricular activities or with
an employee's job performance; or assault.
Responsibility
The ultimate responsibility for the effective implementation of this policy is with the President of the university. The Provost and Vice President for Academic Affairs and the Director, Human
Resources/Affirmative Action (HR/AAO) will see that the University's Sexual Harassment Policy is communicated on a routine basis through the faculty, staff and student handbooks.
Failure of supervisors to investigate allegations of sexual harassment or failure to take timely corrective action is a violation of UHV policy and may be considered a violation of the law. UHV
will take preventive and corrective action in cases of sexual harassment; individuals who engage in such misconduct are subject to appropriate disciplinary action.
Confidentiality
All efforts will be made to respect the right to confidentiality of all parties involved in a sexual harassment charge. Confidentiality, however, cannot be guaranteed.
Retaliation
Retaliatory action taken against any party, including witnesses, as a result of that person's seeking redress under the applicable procedures dealing with sexual harassment is prohibited. Such
action shall be regarded as a separate and distinct cause for complaint.
Malicious Allegations/Complaints
Malicious charges may result in sanctions imposed against the complainant by UHV, or charges filed against the complainant by the respondent. Repeated filing of frivolous complaints will be
considered a malicious action. The failure to substantiate a sexual harassment charge does not automatically constitute a malicious charge.
Pursuit of Complaint Outside UHV
This policy does not preclude anyone from pursuing a complaint, at any stage of the process, with any external agency.
Procedures
UHV, as an employer and as an educational institution, has a moral and legal obligation and a duty to take complaints of sexual harassment seriously. In addition, UHV may be legally liable if a
person with supervisory responsibility knew or should have known about sexual harassment and failed to take any action to stop it. UHV is prepared to take preventive and corrective action in cases
of sexual harassment.
UHV’s sexual harassment procedures are composed of two parts: (1) an intervention and (2) a hearing. UHV is committed to resolving sexual harassment complaints at the intervention step whenever
possible. The hearing, the optional second step in this two step process, must be preceded by the intervention step.
Education and Information
UHV will provide education and information for students, staff, and faculty to enhance understanding and increase awareness of UHV's Sexual Harassment.
Policy and Procedures. UHV will identify members of the UHV community who have knowledge of UHV's sexual harassment policy and from whom individuals may seek information on matters related to
sexual harassment. These individuals may provide information on the procedures for pursuing an intervention of the complaint (Step 1), and for filing a grievance under the hearing procedures
(Step 2). Information on external agencies will be available in the Human Resources Office.
Step 1: Intervention
Intervention is an attempt to resolve the sexual harassment complaint rather than focusing on motive or blame. Resolution at this stage requires the voluntary agreement of all parties. UHV believes
that resolution at the intervention step can benefit the complainant, the respondent, and UHV as a whole. The HR/AAO will maintain a list of trained persons (including supervisors) needed for
implementing the intervention step.
Actions that can be taken in the intervention step include but are not limited to:
- listening to the complainant to find out what action is desired;
- advising the parties about the scope of the University's Sexual Harassment Policy and Procedures;
- providing materials and information on recommended actions that the complainant may consider to communicate the unwelcome nature of the behavior of the respondent, such as advising the
complainant on how to write a letter designed to stop unwelcome behavior;
- sending a letter to everyone in the unit indicating concern about sexual harassment and enclosing a copy of the policy;
- undertaking a preliminary and confidential investigation;
- conducting a workshop on sexual harassment for the unit, division or department, and keeping an attendance record as proof of notice given to the respondent of this policy;
- having a supervisor speak to and counsel the respondent;
- having the complainant meet with the respondent, with a third party present, to discuss the complaint;
- helping to draft an agreement providing for a letter of apology, a transfer of either party, a voluntary resignation, or other levels of appropriate university sanctions;
- following up on an inquiry to see if the complaint has been resolved or if the complainant still wished to take further action.
Recordkeeping
Each complaint should be documented at the intervention step in a confidential file kept separate from any personnel or student files. Documentation should include name of the complainant, name of
the respondent, the nature of the complaint, date, witnesses and any other information relevant to the case. The HR/AAO shall be responsible for maintaining all records involving sexual harassment.
Reporting
A statistical reporting procedure indicating the number, type and disposition of the inquiries or complaints about sexual harassment received by each unit or division for a specific period covered
by the report will be developed and monitored by the HR/AAO. These reports are confidential and will not disclose the names of parties or other identifying details. A summary report of the data
will periodically be presented to UHV community from the Office of the President. The President will submit an annual statistical report to the Chancellor.
Withdrawal of a Complaint
If the complainant decides to terminate the intervention or withdraws the complaint, this action will not necessarily preclude an investigation by the HR/AAO or designated representative.
Confidentiality
UHV understands that some individuals may be reluctant to tell anyone about harassment or to have their names disclosed. Every possible effort will be made to maintain confidentiality in the
intervention step. Confidentiality, however, cannot be guaranteed.
Step 2: Hearing Timeliness and Confidentiality
All stages of the hearing process should be processed according to the specified time requirements set forth below. All participants in each stage of the hearing process should maintain
confidentiality to the greatest extent possible.
Initiation of the Hearing Process
The HR/AAO is the designated individual at UHV charged with facilitating the process of the hearing.
The role of the HR/AAO shall be
- to obtain a written complaint.
- to maintain permanent records required by policy.
- to determine whether there is sufficient cause to send the complaint to a hearing committee.
- If cause is found, then the HR/AAO shall, within five working days:
- notify, in writing, the respondent
- notify, in writing, appropriate supervisor(s); and when a student is involved, notify appropriate academic chair
- include in the written notification a statement warning those involved with the complaint, including the supervisors, that retaliation may subject that individual and UHV to additional charges.
- if cause is not found, the HR/AAO will write a letter to the complainant within five working days stating the reasons why the complaint will not be sent forward to a hearing panel.
Contents of the Written Complaint
The complainant must state the name and address of the complainant; the nature, date, and description of the violation(s); the relief requested for corrective action; and any background information
the complainant believes would be helpful. This must be signed and dated by the complainant.
Withdrawal of the Complaint
If the complainant decides to terminate the hearing or withdraws the complaint, this action will not necessarily preclude a UHV investigation by the HR/AAO or designated representative.
Hearing Committee
Composition of Hearing Committee - The Sexual Harassment Hearing Committee will be appointed by the President, using recommendations of constituencies. The committee is specifically constituted to
provide members for hearing panels. Members of the committee will be appropriately trained. All constituencies (student/faculty/staff) will be represented. Gender and ethnic diversity should be
considered. Members of the committee will serve two 2-year terms, and may be reappointed at the President's discretion so that only part of the committee is new each academic year.
Members of the Hearing Panel for a Specific Case - A Hearing Panel with five members will be selected from the members of the Hearing Committee by the HR/AAO. Constituencies of both complainant
and respondent will be represented. Both complainant and respondent will have an opportunity to challenge the selection of prospective hearing panel member one time without a statement of
reasonable cause; however, neither party may select nor recommend a member of the Hearing Panel. Any additional challenges by either party must include a statement of reasonable cause. Rulings on
challenges with a reasonable cause statement will be made by the HR/AAO. A potential hearing panel member may elect not to serve based on a conflict of interest. The Hearing Panel will elect its
Chair. The Chair will set a hearing date for the hearing.
General Counsel - The Hearing Panel may request that an attorney from the Office of General Counsel sit as an advisor to the panel during the hearing. This person would be available to answer
procedural questions and to assist in maintaining the decorum of the proceeding. The attorney will not be present in the deliberations.
Hearing Procedures Advisors
Parties will have the right to an advisor(s) of their choice; however, neither party may proceed through their advisor. Any party who chooses to bring an advisor to the hearing must provide the
name of the advisor to the HR/AAO at least three working days prior to the hearing date. Any advisor not listed will not be allowed to attend. If the person who will assist the complainant is an
attorney, then an attorney from the Office of General Counsel must also be present at the hearing.
Documents and Witnesses
Documents to be presented as evidence and names of potential witnesses must be presented to the HR/AAO at least three working days prior to the hearing date. There will be a simultaneous exchange
of documents and witness lists between complainant and respondent conducted and documented by the HR/AAO within the above time frame.
Only listed witnesses will be allowed to address the Hearing Panel. If information is made available to the Hearing Panel during the course of the hearing that the Hearing Panel deems necessary
for the resolution of the charge, the Hearing Panel is vested with the authority to request testimony from additional witnesses or request additional documentation. The Hearing Panel can only hear
testimony from additional witnesses and can only review additional documents if it allows the complainant and respondent additional time to prepare a response.
The hearing, but not the deliberation, will be recorded so that there is an official record of what occurred. The HR/AAO will have responsibility for recording the hearing and no other recording
will be allowed. The complainant or respondent may obtain a copy of the tapes from any recorded hearing, at the requesting party's expense. The request must be made in writing to the HR/AAO. The
tapes of the hearing will be kept by the HR/AAO for at least two years after the resolution of the complaint.
Opening and Closing Statements
All parties will be afforded a reasonable opportunity for oral opening and closing arguments. The complainant will make the first opening statement. The respondent will then make an opening
statement. After all the witnesses are presented, the complainant will make a closing statement, which will be followed by the respondent's closing statement.
Witnesses
After opening statements, the complainant will present witnesses. After the complainant has questioned each witness, the respondent will be given an opportunity to question each witness. The
Hearing Panel may ask questions of a witness at any time.
After the complainant has presented all witnesses, the respondent then has an opportunity to present witnesses. The respondent may question these witnesses, and the complainant should have an
opportunity to question the respondent's witnesses.
After both parties and the Hearing Panel have concluded questioning the witness, the witness will be reminded that all testimony is confidential and will be excused from the room. Witnesses will
not be present during the questioning of any party or any other witness.
Retaliation against any employee for participating or not participating in a hearing is strictly prohibited.
Disruptive Behavior
Disruptive behavior by any participant, as determined by the Hearing Panel, will not be tolerated and will be grounds for expulsion from the hearing.
Deliberation
After the hearing is concluded, the Hearing Panel will deliberate in closed session and arrive at a majority decision.
Standard of Evidence
The Hearing Panel will decide whether or not the university's policy has been violated based upon the preponderance of evidence presented during the hearing.
Hearing Panel Outcomes
Within five working days, the Hearing Panel will recommend that the HR/AAO
- dismiss the complaint for lack of merit; or
- find that policy against sexual harassment has not been violated; or
- find that policy against sexual harassment has been violated.
In the third instance, the Hearing Panel will recommend administrative sanctions which may include any disciplinary action, up to and including termination of employment for faculty or staff or
dismissal from the university for students. This procedure is to be used in place of all other procedures concerning grievances, but removal of tenure from a faculty member may only be accomplished
through procedures outlined in the Faculty Manual.
Recommendation Transmittal
The Hearing Panel will transmit a written copy of its recommendation to the HR/AAO within five working days after the hearing is concluded. The HR/AAO will then mail a copy of the recommendation(s)
to the complainant and respondent by certified or hand delivered mail with proof of delivery to the addresses provided by the complainant and the respondent. The recommendation will also be given
to the appropriate Vice President for action.
Administrative Actions
The appropriate vice president will
- uphold the Hearing Panel's findings and accept its recommendation; or
- uphold the Hearing Panel's findings and impose different sanctions; or
- reject the findings of the Hearing Panel and take administrative actions.
The decision will be transmitted to the appropriate supervisor(s) and to the complainant and respondent.
Appeals
Both complainant and respondent have the right to appeal to the president. Appeals must be received in the president's office no later than ten (10) working days after the person appealing has been
notified of the action taken. If either party has requested an interview or is requested to appear for an interview by the president, then both parties must be informed. The intent of the
president's review is not to hear new evidence. The intent of this review is to insure that the hearing and recommendations of the Hearing Panel were not arbitrary, capricious, or discriminatory,
did not violate the right of the parties, and did not violate the concepts of fair play to both parties. The president shall respond in writing to the appeal within fifteen (15) working days from
the date of receipt. The copy of the response will be forwarded to the HR/AAO for inclusion in the hearing file. The president's review is the final institutional step in matters of sexual
harassment. However, nothing precludes the complainant from filing a complaint with any external agency that handles sexual harassment complaints.
Records Retention and Confidentiality
During the university’s internal process, the complaint and all documents will be kept confidential, except that the appropriate administrative officers will be kept informed on a "need to know"
basis. At whatever stage the internal university process is completed, the file containing all documentation in the complaint will be sent to the HR/AAO and retained as a file with limited access.
However, all findings of violations of the sexual harassment policy and all sanctions imposed will be added to the respondent's personnel and/or student file.
SMOKING
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In promoting a safe and healthy education and work environment, smoking is not permitted in any university owned, leased or controlled
facility or within twelve (12) feet of any entrance. This policy applies to all faculty, staff, students and visitors of the University of Houston-Victoria, UHS at Sugar Land and USH at Cinco Ranch,
as well as any other off-campus facility under the control, administrative management or supervision of UHV. The full text of the campus
Smoking Policy is available at: http://www.uhv.edu/fin/policy/a/A-15.htm.
SOLICITING ON CAMPUS
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Soliciting of funds, commercial advertising, or sales and distribution of commercial items which occur on the UHV campus must be
approved in advance. Generally, soliciting must be sponsored by a university recognized organization, and individuals engaged in the solicitation must be current students. Questions concerning
soliciting should be directed to the Department of Business Services.
STUDENT CONDUCT
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Students are expected to conduct themselves in a civil and mature manner in their interactions with faculty, staff, and other students.
This expectation applies to e-mail and other forms of electronic media, as well as to in-person environments. Threatening, disruptive, or abusive behavior may result in administrative withdrawal
from a course, termination of relevant privileges, suspension or dismissal from the university, and/or banning from a facility, campus, or teaching center. In cases that may constitute a violation
of the law, local law enforcement will be notified.
Threatening behavior is explicit physical or verbal conduct that raises concern for personal safety. Disruptive behavior is a physical or verbal conduct that significantly interferes with the
teaching/learning process or with others’ use of facilities or services. Abusive behavior is physical or verbal conduct that is deliberately offensive, invasive, or otherwise provocative. Should
conduct constitute sexual or racial harassment, it is subject to additional provisions.
Instruction
Faculty members are in charge of their courses and classroom, physical or virtual, with responsibility for maintaining a productive learning environment and with authority to enforce course and
university policy. A student with concerns about the behavior of another student in the class should first see the faculty member. The faculty member has the option of dealing with the situation or
referring it to established disciplinary processes. If the behavior is directed toward the faculty member, the faculty member will confer with the dean on an appropriate course of action, which may
include direct measures or referral to disciplinary processes. If a student is disrupting the class and refuses to stop, the faculty member may insist that the student leave, may terminate the
class, or may call security.
Instruction support
Librarians and supervisors of computer labs, the Academic Center, and other support services also have the responsibility to maintain a productive learning environment and have the authority to
enforce university policy, as well as policies related to their particular area of operation. They have essentially the same recourses as faculty in dealing with immediate behavioral problems.
They are expected to apprise the appropriate dean and the Senior Director of Instructional Support Services if such problems are extreme or persistent.
Other areas and services
Supervisors of administrative and student services have the responsibility and authority for maintaining a safe and orderly working environment. In cases of problematic or disruptive behavior, they
have the same recourses as indicated above. Additionally, they are expected to inform the Senior Director of Instructional Support Services of significant incidents.
Due process
In all cases, students will have the opportunity, if they choose, to appeal any actions taken and to address any allegations made, in accordance with procedures described in the Student Handbook.
Cases involving academic settings go through the Academic Council. (See Disruption of University Operations and Events.)
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