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Publication Date: October 31, 2002

Chapter 9

General Provisions

9.3 Sexual Harassment Policy

  1. Purpose

    The purpose of this policy is to inform all employees and students that sexual harassment in the work place is strictly prohibited. The University of Texas at San Antonio (UTSA) is committed to an academic and working environment free from inappropriate conduct of a sexual nature. Sexual misconduct and sexual harassment are unprofessional behaviors and individuals who engage in such conduct will be subject to disciplinary action.

  2. Scope of Policy

    This policy applies to all administrators, faculty, staff and students. It applies not only to unwelcome conduct that violates state and federal laws concerning sexual harassment but also to inappropriate conduct of a sexual nature. It is also applicable regardless of the gender of the complainant or the alleged harasser.

  3. Definition

    1. Sexual harassment is defined by the Equal Employment Opportunity Commission as unwelcomed sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature if

      1. submission to such conduct is an explicit or implicit term or condition of an individual's employment;

      2. submission to or rejection of such conduct is used as a basis for employment decisions affecting such individual; or

      3. such conduct has the purpose or the effect of unreasonably interfering with an employee's work performance or creating an intimidating, hostile or offensive work environment.

    2. . Sexual misconduct includes unwelcomed sexual advances, requests for sexual favors, or verbal or physical conduct of a sexual nature directed towards another individual.

    3. Examples of behavior that could be considered sexual harassment or sexual misconduct include, but are not limited to the following:

      1. physical contact of a sexual nature including touching, patting, hugging, or brushing against a person's body; explicit or implicit propositions of offers to engage in sexual activity;

      2. 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;

      3. exposure to sexually oriented graffiti, pictures, posters or materials;

      4. physical interference with or restriction of an individual's movements.

  4. University Responsibilities

    1. UTSA is responsible for maintaining a working and learning environment free from sexual harassment. The administration is responsible for making widely known that sexual harassment is prohibited both legally and by this policy, and that appropriate procedures for dealing with allegations of sexual harassment are available.

    2. Students, staff and faculty should know that UTSA is concerned about such behavior and is prepared to take preventive and corrective action.

    3. Persons who engage in such misconduct are subject to appropriate disciplinary action, which may range from a reprimand, suspension, or dismissal. The severity of the discipline may depend on the severity, frequency, or repetition of the violation.

  5. Complaint Procedures

    1. The Executive Director for the Office of Institutional Diversity serves as the University's Equal Employment Opportunity (EEO) Officer and is authorized to investigate complaints based on sexual harassment. If a student, faculty or staff member feels that he or she has been sexually harassed, he or she should contact and report the incident to his or her supervisor or to the EEO Officer directly. Supervisors who are notified of a sexual harassment situation must report the problem to the EEO Officer. Failure by a supervisor to report such incidents may result in disciplinary action. The EEO Officer is located in the John Peace Library building (JPL) 4.04.08, telephone number 210/458-4120.

      1. Informal Process

        1. Students, faculty and staff who believe that they have been sexually harassed at UTSA may contact the EEO Officer and request informal advice and information on the procedures to follow and options available to them.

        2. A person who elects initially to proceed informally may elect at any stage to file a formal complaint.

        3. Assistance will be provided to help the complainant understand the definition of sexual harassment; further explain the formal and informal options available to the complainant; and identify various support services available to the complainant.

        4. Additional assistance the complainant may be provided includes strategies for the complainant to inform the offending party that his or her behavior is unwelcomed and should cease, action by an appropriate University official to stop the unwelcomed conduct, or mediation. However, the University may take more formal action if it determines that the described conduct is severe, or part of a pattern of persistent misconduct, or an alleged violation of law, rule or regulation.

        5. Documentation and Confidentiality. The University will document the informal complaint and its resolution, and maintain the documentation in the office of Institutional Diversity. The University will endeavor to maintain confidentiality of the complaint and complainant to the extent permitted by law. Where the complainant's desire to maintain anonymity constrains attempts at establishing facts and eliminating the potential sexual harassment or sexual misconduct, the University will attempt to find the right balance between the complainant's desire for privacy and confidentiality, and the responsibility of the University to provide an environment free of sexual harassment or sexual misconduct.

          UTSA will, to the extent possible and permitted by law, maintain the confidentiality of information received as a result of the charge and the investigation. Relevant information will be provided only to those persons who need to know in order to achieve a timely resolution of the complaint.

      2. Formal Complaint

        1. A student, faculty or staff member who believes he or she has been subject to sexual harassment may file a formal complaint with UTSA's EEO Officer.

        2. A formal complaint involves the submission of a written statement by the complainant to the EEO Officer describing the incident or incidents as completely as possible. Specific guidelines for the submission of a complaint may be obtained from the EEO Officer, and the complainant may visit with a staff member of that office prior to filing a formal complaint. If the complaint is not in writing, the EEO Officer will prepare a statement of what he or she understands the complaint to be and seek to obtain verification of the complaint from the complainant.

        3. Once a formal complaint is filed with the EEO Officer, the complaint will be investigated by the EEO Officer. The person against whom the complaint is filed will be notified. The investigation will include interviews with the complainant or complainants, with the person against whom the complaint has been brought, and with anyone else who might have information that would be helpful.

        4. As part of the investigation process, the accused individual shall be provided with a copy of the complaint and allowed a reasonable time to respond in writing.

        5. The investigation by the EEO Officer will be conducted expeditiously and completed no later than 30 work days from the date of the written complaint unless unusual circumstances require more time.

        6. Based on this investigation, the EEO Officer will submit to the appropriate Vice President who has authority over the respondent a written report that shall include findings of fact, and a recommendation with respect to appropriate action to resolve the complaint. Recommendations for disciplinary action will be handled in accordance with the University's policy and procedures for discipline and dismissal of faculty and employees.

        7. The appropriate Vice President who has authority over the respondent will notify the EEO Officer of his or her decision. The EEO Officer will notify the employee's supervisor or, in the case of a student, the Coordinator for Student Judicial Affairs, of the appropriate Vice President's decision on the formal complaint. Any employee or student against whom disciplinary action is taken as a result of a formal complaint may appeal that action in accordance with the appeals procedures in section 3.3 in the Handbook of Operating Procedures or the Student Guide, as applicable.

        8. The EEO Officer will notify the complainant of the results of the investigation.

    2. Policy Against Retaliation

      Reprisal or retaliation against an individual for making a complaint of sexual harassment or for using or participating in the informal or formal complaint process is a violation of this policy and state and federal laws, and any such action may be cause for disciplinary action up to and including termination.


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