Discrimination and harassment FAQ
How does the UTSA policy define discrimination and harassment?
Pursuant to UTSA Handbook of Operating Procedures (HOP) Section 9.1: http://www.utsa.edu/hop/chapter9/9-1.html
It is the policy of The University of Texas at San Antonio to provide an educational and working environment that provides equal opportunity to all members of the university community. In accordance with federal and state law, the university prohibits unlawful discrimination on the basis of race, color, sex, religion, national origin, age, disability, citizenship, and veteran status. Sexual Misconduct and Sexual Harassment in any form will not be tolerated and individuals who engage in such conduct will be subject to disciplinary action. Discrimination on the basis of sexual orientation is also prohibited pursuant to university policy.
Discrimination, including harassment, is defined as 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 on account of race, color, sex, religion, national origin, age, disability, citizenship, veteran status or sexual orientation.
Harassment, as a form of discrimination, is defined as verbal or physical conduct that is directed at an individual or group because of race, color, sex, religion, national origin, age, disability, citizenship, veteran status or sexual orientation when such conduct is sufficiently severe, pervasive or persistent so as to have the purpose or effect of interfering with an individual's or group's academic or work performance; or of creating a hostile academic or work environment. Constitutionally protected expression cannot be considered harassment under this policy.
What is harassment? How is discrimination related to harassment?
Harassment is a form of discrimination. Harassment is verbal or physical conduct directed at an individual (or group) because of his/her protected class when the conduct is sufficiently severe and pervasive to interfere with the individuals academic or work performance or to create a hostile academic or work environment.
Under university policy, constitutionally protected expression cannot be considered harassment. http://www.utsa.edu/hop/chapter9/9-1.html
Sexual Harassment is harassment based on sex. Sexual Harassment is defined as unwelcome sexual advances, requests for sexual favors, verbal or physical conduct of a sexual nature when:
- Submission to such contact 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 the individual; or
- Such conduct has the purpose of effect of reasonably interfering with an individual’s performance as an administrator, faculty member, staff or student, or creating an intimidating, hostile or offensive environment.
Sexual Misconduct includes unwelcome sexual advances, requests for sexual favors, or verbal or physical conduct of a sexual nature directed toward another individual that does not rise to the level of sexual harassment but is unprofessional and inappropriate for the workplace or classroom. http://www.utsa.edu/hop/chapter9/9-1.html
What type of behavior or conduct may be involved in sexual harassment or sexual misconduct?
Examples of 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 against a person's body;
- Explicit or implicit propositions or offers to engage in sexual activity;
- Comments of a sexual nature including sexually explicit statements, questions, jokes or anecdotes; remarks of a sexual nature about a person's clothing or body; remarks about sexual activity; speculation about sexual experience;
- Exposure to sexually oriented graffiti, pictures, posters, or materials; and/or
- Physical interference with or restriction of an individual's movements.
Constitutionally protected expression cannot be considered harassment under this policy. http://www.utsa.edu/hop/chapter9/9-1.html
Who is protected by discrimination and sexual harassment?
UTSA policy and its complaint procedure apply to all university administrators, faculty, staff, students, visitors and applicants for employment or admission.
http://www.utsa.edu/hop/chapter9/9-1.html
What can happen, if there is a complaint filed against me?
- EOS will contact inform the responding party of the complaint and the university's complaint resolution options and process. The responding party will be given the opportunity to respond to the allegations contained in the complaint. A fair and impartial investigation will be conducted by the EO investigators as designated by the university policy towards resolution and/or discipline.
If someone complains about sexual harassment to me, what should I do?
- EOS provides service to students, faculty, staff and visitors of UTSA and as such, anyone who is made aware of a discrimination or sexual harassment complaint should refer the complaining party to the EOS office. Individuals who feel they have been discriminated against or harassed, and or are uncertain as to whether what they experienced is discrimination or harassment, and/or want information as to their options in dealing with harassment and discrimination should be referred to EOS.
If you are a supervisor who is made aware of such a complaint, you must inform EOS of the complaint immediately. Supervisors should not make a determination on their own of what constitutes sexual harassment or discrimination. Complaints regarding students can be referred to Student Judicial Affairs or the EOS office.
If someone complains about sexual harassment, what protection does the complainant have?
- Retaliation is prohibited by law and university policy. Once a complaint has been filed with the EOS office, the complainant has engaged in a protective activity and they are protected against retaliation. Protection against retaliation is also extended to all individuals who participate in an EOS investigation.
For information, see the UTSA Handbook of Operating Procedures (HOP Section 9.1:
http://www.utsa.edu/hop/chapter9/9-1.html
Assistance: During the complaint process, a complainant or respondent may be accompanied or assisted by a person of his or her choice; however, the assistant may not examine witnesses or otherwise actively participate in a meeting or interview.
Retaliation: An administrator, faculty member, student or employee who retaliates in any way against an individual who has brought a complaint pursuant to this policy or an individual who has participated in an investigation of such a complaint is subject to disciplinary action, including dismissal.
False Statements: Any person who knowingly and intentionally files a false complaint under this policy or makes false statements in the course of the investigation is subject to disciplinary action up to and including dismissal from The University.
Confidentiality and Documentation: The University shall document complaints and their resolution. The Office of Equal Opportunity Services shall retain such documentation. To the extent permitted by law, complaints and information received during the investigation will remain confidential. Relevant information will be provided only to those persons who need to know in order to achieve a timely resolution of the complaint.
