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Sexual Misconduct

Section: Human Resources
Index: C-12

Policy

The University of Houston-Victoria (UHV) is committed to providing a professional working and learning environment free from sexual discrimination of any kind.

Sexual Misconduct is a form of sex discrimination and will not be tolerated in any form by the University. Complaints and allegations of Sexual Misconduct are taken seriously. “Sexual Misconduct” is a broad term encompassing a range of non-consensual sexual activity or unwelcome behavior of a sexual nature. For the purpose of this policy, Sexual Misconduct includes:

Sexual Misconduct can be committed by men or women, strangers or acquaintances, and can occur between people of the same or opposite sex. This policy applies to all University administrators, faculty, staff, students and third parties within the University’s control, including visitors and applicants for employment. This Policy applies regardless of the complainant’s or the respondent’s sex, sexual orientation, gender identity, gender expression, immigration or citizenship status.

All members of the University are expected to adhere to the policy, to follow UH System procedures for responding to complaints of Sexual Misconduct and to report conduct or behavior that they believe to be in violation of this policy.

The University has jurisdiction over and will investigate allegations of Sexual Misconduct occurring on the University’s premises, at University Affiliated Activities, and/or where the Complainant or Respondent is a student, faculty member, staff member, visitor to campus or applicant for admission or employment. Consistent with its other codes of conduct, the University has jurisdiction over allegations of UH System Sexual Misconduct occurring off campus when the incident has a substantial connection to an employee's duties or the interests of the University, or when the incident poses a threat of serious mental or bodily harm to any member of the University community. Other than the University Police Department which may conduct a criminal investigation as appropriate, the University does not have jurisdiction over allegations between visitors or non-affiliated persons under this Policy.  More information about University jurisdiction for instances of Title IX Sexual Misconduct is available in the UH System Sexual Misconduct Policy.

Consistent with its commitment to addressing sex discrimination and harassment, the University complies with Title IX of the Education Amendments of 1972 which prohibits discrimination on the basis of sex in education programs or activities, Title VII of the Civil Rights Act of 1964 which prohibits sex discrimination in employment and Section 304 of the Violence Against Women Reauthorization Act of 2013, also known as the Campus Sexual Violence Elimination Act (Save Act). The University also complies with applicable state law, including Texas Education Code §51.259 and §51.295.

The University is committed to the elimination of Sexual Misconduct through education, prevention and awareness campaigns, appropriate training for staff, faculty and students and serious consequences for violations of its policies.

Appropriate actions will be taken to prevent Sexual Misconduct from happening and prevent recurrence. Inquiries concerning the application of this policy should be referred to the Campus Title IX Coordinator. During any investigation into these matters, the University will work to ensure that all persons are given appropriate support and fair treatment. However, prohibited actions defined in this policy may also constitute a criminal violation. Anyone who reports Sexual Misconduct will be notified of their right to speak to law enforcement and file a report for possible criminal prosecution.

Procedure

The recourse for responding to complaints of Sexual Misconduct is set forth in UHS Administrative Policy 01.D.08, Sexual Misconduct which describes prohibited sexual conduct and establishes the procedural mechanism for providing the prompt, fair and impartial investigation and resolution of complaints.

UHV Title IX Coordinator

All employees, students, and third parties are strongly encouraged to immediately report any incidents alleged sexual misconduct to the Title IX Coordinator.

The University has designated a Title IX Coordinator to coordinate efforts to comply with and implement this policy. The campus Title IX Coordinator is responsible for conducting the administrative investigation of reports of Sexual Misconduct and will be available to discuss options, provide support, explain University policies and procedures and provide education on relevant issues.

Reporting

Brandon Lee
Sr. Director Equal Access
Phone: (361)570-4835

Anonymous Reporting

Alleged victims and others not required to report may also submit a report through the Fraud & Non-Compliance Hotline, which allows the option of anonymity:

Campus Police and Security Department

Anyone wishing to file a report with the Campus Police and Security department may contact:

Phone: (361)570-HELP (4357)

Website:  Campus Police and Security Department

Supporting Documents

  1. UHS Policy 01-D-08, Sexual Misconduct
  2. UHV Policy C-22, Anti-Discrimination (procedural recourse for responding to unlawful discrimination and harassment incidents that do not constitute Sexual Misconduct)
  3. UHV Title IX Website (Online reports, Resources, FAQ, etc.)
  4. Fraud & Non-Compliance Hotline

 

Approved By:

Signature Obtained 06/20/2023
Robert K. Glenn, Ph.D.
President

Next Review Date: June 2026 (3 years)
Origination: Human Resources and Equal Opportunity/ Title IX Department