Office of the Vice President for
Administration and Finance
SECTION: HUMAN RESOURCES INDEX: C-12
SUBJECT:
SEXUAL HARASSMENT
POLICY
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 sex 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 decision 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 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:
(a) notify, in writing, the respondent
(b) notify, in writing, appropriate supervisor(s); and when a student is
involved, notify appropriate academic chair
(c) 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 3 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. T he 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.
Approved:
Signed
8/25/03
Karen S. Haynes, Ph.D.
Date
Origination: Human Resources
Next review
date: August 2005
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