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Equal Opportunity Services and Title IX Office

Frequently Asked Questions

Office Information - Who We Are

What is the role of the Office of Equal Opportunity Services (EOS) at UTSA?

The Office of Equal Opportunity Services (EOS) is the EEO Office for The University of Texas at San Antonio. EOS investigates complaints on the basis of discrimnation, harassment, sexual harassment, and sexual misconduct for students, faculty, staff and visitors at UTSA.

What type of complaints does EOS Investigate?

EOS investigates complaints regarding the following UTSA Handbook of Operating Procedures (HOP) Section 9.01, Section 9.02, Section 9.04, and Section 9.24.

How can I file a complaint?

The EOS Complaint Process and report form are available here.

Equal Opportunity

What is equal opportunity?

Equal Opportunity refers to the employment practices that ensure non-discrimination on the basis of race, age, color, sex, national origin, religion, disability and other protected categories as listed in Title VII of the Civil Rights Act of 1964.

Discrimination and Harassment

How does the UTSA policy define discrimination and harassment?

Pursuant to UTSA Handbook of Operating Procedures (HOP) Section 9.01:

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. 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 Sexual Harassment?

Conduct on the basis of sex that satisfies one or more of the following:

a) Quid pro quo: An employee of the institution conditioning the provision of an aid, benefit, or service of the University on an individual’s participation in unwelcome sexual conduct;

b)Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the University’s education program or activity; or

c)“Sexual assault,” “dating violence,” “domestic violence,” or “stalking” as defined in this Policy.

Subsections (a) and (c) in this definition are not evaluated for severity, pervasiveness, offensiveness, or denial of equal educational access, because such conduct is sufficiently serious to deprive a person of equal access. Therefore, any instance of quid pro quo sexual harassment and any instance of sexual assault, dating violence, domestic violence, and stalking are considered sexual harassment under this Policy.

What if the behavior does not meet the definition of Sexual Harassment?

EOS may also investigate the following type of behaviors:
Other Inappropriate Sexual Conduct – Conduct on the basis of sex that does not meet the definition of “sexual harassment” under this Policy, but is

1. If verbal conduct (including through electronic means), unwanted statements of a
  sexual nature intentionally stated to a person or group of people, that are
  objectively offensive to a reasonable person and also so severe or pervasive that
  they created a Hostile Environment, as defined in this Policy. The type of verbal
  conduct (if all other elements are met) may include, but is not limited to:
  a) Unwelcome romantic, flirtatious or sexual advances (including explicit or implicit proposition(s) of sexual contact or activity);
  b) Requests for sexual favors (including overt or subtle pressure);
  c) Gratuitous comments about an individual’s sexual activities or speculation about an individual’s sexual experiences;The University of Texas at San Antonio HOP 9.24 Sexual Harassment and Sexual Misconduct Policy Page 28 of 39
  d) Gratuitous comments, jokes, questions, anecdotes or remarks of a sexual nature about clothing or bodies;
  e) Persistent, unwanted sexual or romantic attention;
  f) Exposure to sexually suggestive visual displays such as photographs, graffiti, posters, calendars or other materials; or
  g) Deliberate, repeated humiliation or intimidation.
2. If physical conduct, either;
  a) Sexual exploitation, as defined in this Policy;
  b) Unwelcome intentional touching of a sexual nature;
  c) Deliberate physical interference with or restriction of movement; or
  d) Sexual violence as defined in this Policy.

What is Sexual Misconduct?

This term is broadly defined to encompass sex discrimination, sexual harassment, sexual assault, domestic violence, dating violence, stalking, and other Inappropriate Sexual Conduct.

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.

What should I do if there is a complaint filed against me?

EOS will 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 EOS investigators.

What should I do if someone discloses/reports an incident of Sexual Harassment to me?

All employees at UTSA are mandatory reporters and must report the information at the following link: Report an Incident.
Under Texas State law, those employees who fail to report incidents of sexual harassment, stalking, dating violence or sexual assault may be subject to termination and criminal sanctions.
Employees must provide all known information about the incident. However, students* may report anonymously.

*If the employee is the victim of the alleged behavior you are not required to report or may do so anonymously.

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.

University Partners - Resources

Where can I learn about the official UTSA regulations governing non-discrimination?
UTSA Handbook of Operating Procedures (HOP) Section 9.01

If I have a conflict with a co-worker and it is not discriminatory or sexual in nature, where can I seek assistance?
UTSA Office of People Excellence Department: https://www.utsa.edu/hr/hrbusinesspartner/

Where can I go for confidential counseling?
Student Service:
UTSA Counseling Services: https://www.utsa.edu/counsel/

Staff and Faculty:
Employee Assistance Program: https://www.utsa.edu/hr/EmployeeRelations/eapinfo.html

If I have a disability, who should I contact about receiving accommodations?
Students:
Student Disability Services (SDS): https://www.utsa.edu/disability/

Staff and Faculty:
UTSA Employee Relations: https://www.utsa.edu/hr/EmployeeRelations/ADA.html

What is the Student Ombudsperson?
The Student Ombudsperson offers confidential services to all students in a welcoming and safe environment and communicates with various representatives and offices to respond to and help resolve concerns in a timely manner.
For more information: https://www.utsa.edu/ombuds/

What is the University Ombudsperson?
The University Ombuds is a neutral individual who listens to complaints and grievances and provides conflict-resolution services for all faculty, staff, and student employees in a safe and welcoming environment.
For more information: https://www.utsa.edu/ombuds/

What types of discrimination and harassment training is offered?
The university will periodically educate and train employees and supervisors regarding the policy and conduct that could constitute a violation of the policy. In accordance with Texas Labor Code 21.010, all UTSA employees, including faculty, are required to complete discrimination training including sexual harassment no later than the 30th day after the date the employee is hired and shall complete supplemental training annually. The employee is required to acknowledge a statement verifying completion of the training program. The acknowledged statement will be made part of the training records of the university. (HOP) Section 9.01 and Section 9.24

Contact the UTSA Training and Development Office in Office of People Excellence for more information on discrimination and sexual harassment training.

Frequently Asked Questions

OFFICE INFORMATION - WHO WE ARE

EQUAL OPPORTUNITY

DISCRIMINATION

UNIVERSITY PARTNERS - RESOURCES

Office Information - Who We Are

Equal Opportunity

Discrimination and Harassment

University Partners - Resources