Introduction       The University       Admission       Registration, Tuition, and Fees       Academic Policies and Procedures       Student Services       Libraries and Other Academic Resources       Appendices          Appendix A          Appendix B          Appendix C          Appendix D          Appendix E          Appendix F          Appendix G          Appendix H          Appendix I          Appendix J          Appendix K          Appendix L          Appendix M          Appendix N          Statistical Summaries       Index

• Introduction
• The University
• Admission
• Registration, Tuition, and Fees
• Academic Policies and Procedures
• Student Services
• Libraries and Other Academic Resources
• Appendices
  • Appendix A
  • Appendix B
  • Appendix C
  • Appendix D
  • Appendix E
  • Appendix F
  • Appendix G
  • Appendix H
  • Appendix I
  • Appendix J
  • Appendix K
  • Appendix L
  • Appendix M
  • Appendix N
  • Statistical Summaries
• Index

Appendix D: Policy on Sex Discrimination and Sexual Harassment

1. General Policy Guidelines

   1. Policy Statement
      It is the policy of the University of Texas at Austin to provide an educational and working environment for its students, faculty, and staff that is free from sex discrimination and sexual harassment. In accordance with federal and state law, the University prohibits discrimination on the basis of sex, including sexual harassment. Sex discrimination and sexual harassment will not be tolerated, and individuals who engage in such conduct will be subject to disciplinary action. The University encourages students, faculty members, staff members, and visitors to promptly report sex discrimination and sexual harassment.
   2. Scope
      This policy applies to visitors, applicants for admission to or employment with the University, and students and employees of the University who allege sex discrimination, including sexual harassment, by University employees, students, visitors, or contractors.
   3. Definitions
      1. Sex discrimination, including sexual 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 sex.
      2. Sexual harassment is a form of sex discrimination that includes:
         1. Sexual violence (as defined under the Texas Penal Code, including rape, sexual assault, sexual battery, and sexual coercion); and can occur when:
            • the submission to unwelcome physical conduct of a sexual nature, or to unwelcome requests for sexual favors or other verbal conduct of a sexual nature, is made an implicit or explicit term or condition of employment or education;
            • the submission to or rejection of unwelcome physical conduct of a sexual nature, or unwelcome requests for sexual favors or other verbal conduct of a sexual nature, is used as a basis for academic or employment decisions or evaluations; 
            • unwelcome physical acts of a sexual nature, or unwelcome requests for sexual favors or other verbal conduct of a sexual nature, have the effect of creating an objectively hostile environment that substantially interferes with employment or education on account of sex; or
            • such conduct is intentionally directed towards a specific individual and has the purpose or effect of unreasonably interfering with that individual's education, employment, or participation in University activities, or creating an intimidating, hostile, or offensive atmosphere.

         2. Physical or verbal conduct that, depending on the totality of the circumstances present, including frequency and severity, may constitute sexual harassment includes but is not limited to:

            • unwelcome intentional touching;
            • deliberate physical interference with or restriction of movement;
            • personally describe or are personally directed at a specific individual or group of identifiable individuals; 
            • conduct not necessary to an argument for or against the substance of any political, religious, philosophical, ideological, or academic idea;
            • explicit or implicit propositions to engage in sexual activity;
            • gratuitous comments, jokes, questions, anecdotes, or remarks of a sexual nature about clothing or bodies;
            • gratuitous remarks about sexual activities or speculation about sexual experiences;
            • persistent, unwanted sexual or romantic attention;
            • subtle or overt pressure for sexual favors;
            • exposure to sexually suggestive visual displays such as photographs, graffiti, posters, calendars, or other materials;or
            • deliberate, repeated humiliation or intimidation based upon sex.

2. General Procedures

   1. Reporting
      A person who believes that he or she has been subjected to sex discrimination or sexual harassment should report the incident to any University official, administrator, or supervisor. A faculty member is not an official administrator or supervisor for this purpose unless the faculty member holds an administrative position.
      
      Students, faculty, or staff are encouraged to immediately report incidents of harassment to the Title IX coordinator, Dr. Jennifer Hammat, or deputy coordinators, Ms. Christa Lopez or Ms. Katherine Antwi Green:

      Dr. Jennifer Hammat, Assistant Vice President
      Office of the Vice President for Student Affairs
      MAI 121
      512-471-1133
      j.hammat@austin.utexas.edu

      Ms. Christa Lopez, Senior Coordinator of Student Emergency Services
      Office of the Dean of Students
      4.104 Student Services Building
      512-471-5017
      christa.sandelier@austin.utexas.edu

      Ms. Katherine Antwi Green, J.D., Assistant Vice President
      Office of Institutional Equity
      4.302 North Office Building
      512-471-1849
      kathrine.antwi.green@austin.utexas.edu

      Complaints of allegations of student-to-student sex discrimination, sexual harassment (including sexual violence) or sexual misconduct will be handled by the Office of the Dean of Students.

      Students are encouraged to report such incidents to the Office of the Dean of Students:

      Ms. Christa Lopez, Senior Coordinator of Student Emergency Services
      Office of the Dean of Students
      4.104 Student Services Building 
      512-471-5017christa.sandelier@austin.utexas.edu  
      
      Students may also contact the U.S. Department of Education, Office of Civil Rights to complain of sexual discrimination or sexual harassment, including sexual violence, http://www2.ed.gov/about/offices/list/ocr/docs/howto.html .

      Employees and campus visitors are encouraged to report to the Office of Institutional Equity. Incidents should be reported as soon as possible after the time of their occurrence.

      Ms. Katherine Antwi Green, J.D., Assistant Vice President
      Office of Institutional Equity
      4.302 North Office Building
      512-471-1849
      kathrine.antwi.green@austin.utexas.edu  

      No person is required to report sex discrimination or sexual harassment to the alleged offender.

      Complaints regarding sexual violence may also be reported to the University or Austin police departments; the Title IX Coordinators can assist individuals with contacting The Univeristy of Texas at Austin Police Department or the City of Austin Police Department.

   2. Referral Responsibility
      Every supervisor, administrator, and University official is responsible for promptly reporting incidents of sex discrimination and sexual harassment that come to his or her attention to a Title IX Coordinator, the Office of the Dean of Students, or the Office Institutional Equity.

   3. Resolution Options
      A person who believes that he or she has been subjected to sex discrimination or sexual harassment and seeks to take action shall be informed of both the informal resolution process and the formal complaint process.The informal resolution and formal complaint resolution processes described in this policy are not mutually exclusive, and neither is required as a precondition for implementing the other; however, they cannot both be used at the same time. The decision whether or not to pursue a formal resolution ultimately resides with the Dean of Students.

3. Informal Resolution Procedure

   Informal resolution may be an appropriate choice when the conduct involved is not of a serious or repetitive nature and disciplinary action is not required to remedy the situation. No formal investigation is involved in the informal resolution process. This informal resolution process is not available in cases that involve allegations of sexual violence.
   
   A request for informal resolution should be made within ninety days of the date of the alleged incident to either the Office of the Dean of Students or the Office of the Director of Equal Opportunity Services, who shall determine whether the nature of the problem is such that it can be resolved by agreement on an informal basis, and if so, which office will do so. The informal resolution process is to be completed within (30) days.
   
   Methods for informal resolution may include, but are not limited to, coaching the person on how to directly address a situation which is causing a problem; mediating a dispute with the parties; aiding in the modification of a situation in which the offensive conduct occurred; assisting a department or division with the resolution of a real or perceived problem; or arranging a documented meeting with the alleged offender that involves a discussion of the requirements of the sex discrimination and sexual harassment policy.
   
   The University shall document any informal resolution. Such documentation shall be retained by the Office of the Dean of Students or Equal Opportunity Services as appropriate and will be kept confidential to the extent permitted by law. An informal resolution meeting shall not be considered a precondition for the filing of a complaint.

4. Complaint Resolution Procedure

   1. Definitions

      1. Complaint means a signed document or other report, including verbal reports, alleging sex discrimination, including sexual harassment under this policy.

      2. Complainant means a person who submits a written complaint alleging sex discrimination, including sexual harassment under this policy.

      3. Respondent means the person designated to respond to a complaint. Generally the respondent would be the person alleged to be responsible for the prohibited discrimination or sexual harassment alleged in a complaint. The term “respondent” may be used to designate persons with direct responsibility for a particular action or those persons with administrative responsibility for procedures and policies in those areas covered in a complaint.

      4. Notification takes place two days after the date of posting of any document in the United States mail, properly addressed, or upon the date of receipt of any document, when placed in the campus mail, properly addressed. Written communications to a complainant are properly addressed when sent to the address given in the complaint or the last address given since the filing of the complaint. Notification of students is subject to Appendix M, Use of E-mail for Official Correspondence to Students or the Institutional Rules.

   2. Complaint Procedure
      1. Complaint
         A complaint alleging sex discrimination or sexual harassment must be submitted, preferably  in writing, to the Office of Institutional Equity or the Office of the Dean of Students. The complaint should contain the following information:
         
         1. Name and UT identification number of the complainant(s)
         2. Contact information, including address, telephone number, e-mail address
         3. Name of person(s) directly responsible for alleged violation(s)
         4. Date(s) and place(s) of alleged violation(s)
         5. Nature of alleged violation(s) as defined in this policy
         6. Detailed description of the specific conduct that is the basis of alleged violation(s)
         7. Copies of documents pertaining to the alleged violation(s)
         8. Names of any witnesses to alleged violation(s)
         9. Action requested to resolve the situation
         10. Complainant’s signature and date of filing
         11. Any other relevant information
             
             The lack of information, such as, but not limited to, the kinda of types listed above, may impact the responsible university office's ability to fully investigate or otherwise taker action on a complaint.
             
             If the complaint is not in writing, the investigator should prepare a statement of what he or she understands the complaint to be and seek to obtain verification from the complainant.
             
             The following communications do not constitute a complaint and will not be investigated or resolved pursuant to the complaint resolution process:
             
             • Anonymous communications
             • Courtesy copies of correspondence or a complaint filed with others
             • Inquiries that seek advice or information only
             • Precomplaint consultations and informal resolution activities
      2. Time Limit
         

         A complaint should be filed within ninety calendar days of the occurrence of the alleged violation. However, circumstances may allow for an inquiry into alleged incidents outside the ninety day period. In the case of a currently enrolled student, if the last day for filing a complaint falls prior to the end of the academic semester in which the alleged violation occurred, then the complaint should be filed within thirty calendar days after the end of that semester.

      3. Acknowledgment
         Within five working days after receipt of a complaint, the Office of Institutional Equity or the Office of the Dean of Students, as appropriate, will send the complainant(s) a brief acknowledgment of the complaint, stating that the complaint will be evaluated, and advising the complainant(s) that he or she will be contacted within a given time. The acknowledgment letter will include a copy of these complaint procedures.

      4. Complaint Evaluation
         A formal investigation will be initiated if a complaint is complete, timely, within the scope of this policy, and articulates sufficient specific facts, which, if determined to be true, would support a finding that this policy was violated. The University may not proceed with a complaint investigation under a variety of circumstances, if for instance,

         • person fails to provide a complaint;

         • a complaint fails to describe in sufficient detail the conduct that is the basis of the complaint;

         • the conduct described in the complaint is not covered by this policy;

         • the complaint is not timely;

         • the complainant(s) declines to cooperate in the University’s investigation;

         • the complaint has been withdrawn; or

         • an appropriate resolution or remedy has already been achieved, or has been offered and rejected.

           If it is determined that the University will not proceed with a complaint investigation, the Office of Institutional Equity or the Office of the Dean of Students, as appropriate, will send a notification letter explaining the reason(s) to the complainant(s), with a copy to the alleged offender(s) and the Title IX Coordinator. The notification letter will also include a statement informing the complainant(s) that, within ten working days of the notification, he or she may appeal the determination not to proceed with a complaint investigation to the vice president for employee and campus services or the vice president for student affairs, as appropriate. The request for appeal must be a signed, written document articulating why the decision to dismiss the complaint was in error. The appropriate vice president will respond to the complainants within twenty working days of receipt of the appeal with a copy of the response to the alleged respondent(s) and the Title IX Coordinator. If the decision to dismiss is upheld, that decision is final. If the decision is overturned, the complaint is sent back to the Office of Institutional Equity or the Office of the Dean of Students, as appropriate, for investigation in accordance with the procedures outlined below.
      5. Notification of Respondent
         If it is determined that the University will proceed with a complaint investigation, Equal Opportunity Services or the Office of the Dean of Students will give the respondent(s) written notification of the complaint investigation.The notification letter will include a copy of the written complaint.The notification letter will provide the respondent(s) an opportunity to submit a written response to the allegations within ten working days, unless unusual circumstances warrant additional time.The notification letter will include a statement advising the respondent(s) that retaliation against the complainant(s) is prohibited and will subject the respondent(s) to appropriate disciplinary action.
      6. Investigation Responsibility
         The Office of the Dean of Students is responsible for conducting formal investigations of complaints against students alleging sex discrimination and sexual harassment. The Office of Institutional Equity is responsible for conducting formal investigations of complaints against nonstudents alleging sex discrimination and sexual harassment. If a complaint is directed against an individual who would otherwise play a role in investigating and attempting to resolve the complaint, the function assigned to that person by these procedures will be delegated to another person.
      7. Investigative Process and Findings
         The investigator will interview both the complainant(s) and the respondent(s) and persons who are considered to have pertinent factual information related to the complaint. The investigator shall also gather and examine documents relevant to the complaint. Facts will be considered on the basis of what is reasonable to persons of ordinary sensitivity and not on the particular sensitivity or reaction of an individual. Findings will be based on the totality of circumstances surrounding the conduct complained of, including but not limited to the context of that conduct, its severity, frequency, whether it was physically threatening, humiliating, or was simply offensive in nature.
      8. Representation
         During the complaint process, the complainant(s) and the respondent(s) may designate and thereafter be accompanied by an adviser of his or her choosing at meetings and interviews at which he or she is present; however, no representative may examine witnesses or otherwise actively participate in a meeting or interview.
      9. Submission of Evidence
         During the complaint investigation process, the complainant(s) and the respondent(s) will provide the Office of Institutional Equity or the Office of the Dean of Students, as appropriate, with all documents relied upon regarding the issues raised in the complaint.
      10. Report of Findings and Recommendation—Complaints against Nonstudents
          
          1. The investigator will provide a proposed statement of findings, copies of relevant documents, and any physical evidence considered to the appropriate vice president within thirty working days of receipt of the respondent’s statement, unless unusual circumstances require more time. The appropriate vice president to act on complaints against faculty and staff members will be the vice president over the area where the respondent is employed. The appropriate vice president to act on complaints against contractors and visitors will be the vice president for employee and campus services. If a complaint is directed against a vice president who would otherwise act on a complaint, the function assigned to that vice president will be delegated to another person.
          2. The appropriate vice president will promptly notify the complainant(s) and the respondent(s), with a copy to the Title IX Coordinator, that the investigation has been completed and attach a copy of the proposed statement of findings. Student identifiable information, if any, which is confidential by law, will be redacted. Within ten working days from the date of notification, the complainant(s) and respondent(s) may each submit, for consideration by the appropriate vice president, such comments and corrections as they may have.
          3. Within fifteen days of the notification to the complainant(s) and the respondent(s) that the investigation has been completed, the appropriate vice president and the investigator shall meet to discuss the findings and review the record, along with any comments and proposed corrections submitted by the complainant(s) and respondent(s)
          4. Within fifteen working days from that meeting, the vice president shall take one of the following actions: (1) request further investigation into the complaint; (2) dismiss the complaint if the results of the completed investigation are inconclusive or there is insufficient reasonable, credible evidence to support the allegation(s); or, (3) find that this policy was violated.
          5. If the vice president determines that this policy was violated, he or she, following consultation with the investigator or other knowledgeable persons as appropriate, shall determine a disciplinary action that is appropriate for the severity of the conduct. Disciplinary actions can include, but are not limited to, written reprimands, the imposition of conditions, reassignment, suspension without pay, and termination.
              
          6. The vice president shall inform the complainant(s) and the accused individual(s) and the appropriate unit head in writing of his or her decision, and shall attach a copy of the final statement of findings. Copies of the vice president’s letter, the attached statement of findings, and relevant documents shall also be sent to the Office of the Dean of Students or the Office of Institutional Equity as appropriate, and the Title IX Coordinator.
      11. Report of Findings and Recommendation—Complaints against Students
          1. The investigator will provide a proposed statement of findings, copies of relevant documents, and any physical evidence considered to the dean of students within thirty working days of receipt of the respondent’s statement, unless unusual circumstances require more time.
          2. The dean of students and the investigator shall meet within fifteen working days to discuss the findings, and review the record.
          3. Within fifteen working days from that meeting, the dean of students shall take one of the following actions: (1) request further investigation into the complaint; (2) dismiss the complaint if the results of the completed investigation are inconclusive or there is insufficient reasonable, credible evidence to support the allegation(s); or (3) proceed with an administrative disposition under Section 11-504: or prepare a complaint based on the allegations and proceed under subchapter 11-600. The Dean of Students shall advise the Title IX Coordinator and the complainant of the action chosen.
          4. At the conclusion of a hearing under subchapter 11-600, a hearing officer shall, in accordance with Section 11-608 render a written decision.  If the hearing officer determines by the greater weight of the credible evidence that this policy was violated, the hearing officer shall impose an appropriate sanction or sanctions from those provided in Appendix C, chapter 11 Student Discipline and Conduct Disciplinary actions can include, but are not limited to, documented warning, the imposition of conditions, probation, suspension, and expulsion.
          5. As required by federal law, any disclosure of the findings and decision of the Office of the Dean of Students will be governed by the provisions of the Family Educational Rights and Privacy Act.

5. Miscellaneous

   1. Employee Grievance or Appeal of a Disciplinary Action
      Any employee disciplined pursuant to this policy, except faculty members, teaching assistants, assistant instructors, or members of The University of Texas at Austin Police Department (each of whom are subject to separate procedures), may grieve or appeal that action by submitting a written grievance or appeal, within ten working days of the imposition of the disciplinary action, to the president’s office. Ordinarily, the president will assign responsibility for review and action on the appeal of the vice president’s action to another vice president; however, when required by unusual circumstances, the president may review and handle a grievance or appeal pursuant to this policy.
      
      If the disciplinary action that is being grieved or appealed does not involve termination, demotion, or suspension without pay, the vice president shall thoroughly review and finally decide the matter within thirty calendar days of its receipt unless unusual circumstances require more time. in cases involving allegations of sexual harassment or sexual assault, the vice president considering the grievance or appeal shall inform the Title ix Coordinator, and, if applicable, the original complainant of the outcome of the grievance or appeal.
      
      If the disciplinary action that is being grieved or appealed involves termination, demotion, or suspension without pay of an employee who is covered by section 9.49 of the Handbook of Operating Procedures, the vice president who is assigned to review the grievance or appeal shall follow the procedures for appealing such actions contained in that section. Complainants who grieve or appeal under this policy will be required to appear and testify at hearings that may be a part of such proceedings.

   2. Retaliation Prohibited
      A student, faculty member, or staff member who retaliates in any way against an individual who has brought a complaint pursuant to this policy or participated in an investigation of such a complaint, is subject to disciplinary action, up to and including dismissal from the University.

   3. Filing of False Complaints
      Any person who knowingly and intentionally files a false complaint under this policy is subject to disciplinary action up to and including dismissal from the University.

   4. Effect on Pending Personnel Actions
      The filing of a sex discrimination, sexual harassment, or retaliation complaint will not stop or delay any evaluation or disciplinary action related to the complainant who is not performing up to acceptable standards or who has violated University rules or policies.

   5. Relationship of Complaint Process to Outside Agency Time Limits
      The filing of a sex discrimination or sexual harassment complaint under this policy does not excuse the complainant from meeting the time limits of outside agencies.

   6. Title IX Grievance or Appeal Procedure
      This complaint procedure shall also constitute the grievance or appeal procedure for complaints alleging unlawful sex discrimination required under Title IX of the Education Amendments of 1972. As used herein, “complaint” is synonymous with “grievance or appeal.”

   7. Time Frames
      Time frames mentioned in these procedures may be extended for good cause, such as holidays or when classes are not in session, or when it is necessary to complete an investigation due to difficulties reaching witnesses or parties to the complaint.

   8. Documentation and Confidentiality
      The University shall maintain documents related to complaints under this policy as required by law. The Office of the Dean of Students shall be primarily responsible for records related to complaints against students. The Office of of Institutional Equity shall be primarily responsible for records related to complaints against nonstudents. The confidentiality of a complaint under this policy and all documents, correspondence, interviews, and discussions relating to the investigation of the information contained in a complaint will be maintained on a need-to-know basis to the extent permitted by law. Any person who knowingly and intentionally makes an unauthorized disclosure of confidential information contained in a complaint or otherwise relating to the investigation of a complaint under this policy is subject to disciplinary action.

   9. Police Responsibilities

      1. In cases where an incident is reported to University police, the police must advise the alleged visiting of their right to file a sexual harassment complaint under this policy.
          
      2. University policy shall provide University officials investigating sexual harassment complaints access to any related University law enforcement records, so long as it does not compromise any criminal investigation.

   10. Counseling & Health Services
       Counseling and health services are available to all University administrators, faculty, staff, and students, including victims of sexual harassment or assault. Counselors are available to advise such individuals of the options under University policy and procedures.

       For Students: Counseling and Mental Health Center. Voices Against Violence Program (VAV) (512) 471-3515. http://www.utexas.edu/student/cmhc
       
       • Provides advocacy services to help survivors with safety, legal, housing, academic, and medical options
       • Offers individual and group counseling services for survivors of sexual assault relationship violence, and stalking
       • Operates twenty-four-hour telephone counseling service at (512) 471-CALL (471-2255)
       • Offers interactive peer theatre educational programming that addresses the complex issues surrounding sexual assault on campus
       • Provides training that is customized for faculty, staff, and/or students
       • Manges VAV Survivor Emergency Fund

       University Health Services. http://healthyhorns.utexas.edu

       Appointments:  (512) 471-4955
       Twenty-four-hour Nurse Advice Line:  (512) 475-NURS (475-6877)
       Health Promotion Resource Center:  (512) 475-8252

       • Provides general exams to treat injuries, both internal and external
       • Performs testing for sexually transmitted infections after an assault
       • Distributes educational and prevention information

       For Employees: Employee Assistance Program (EAP). 
       http://www.livingwell.utsystem.edu/eap.htm
       Appointments: (512) 471-3366

       • Provides confidential, professional assistance
       • Distributes educational and prevention information

   11. Consensual Relationships
       Participation of a supervisor, teacher, adviser, or coach in a consensual romantic or sexual relationship with a subordinate employee or student in all cases creates a prohibited conflict of interest that must be addressed under the policy on consensual relationships (Revised Handbook of Operating Procedures, Policy 4.A.2).

   12. Sexual Misconduct
       Employee conduct of a sexual nature that, although not so serious or pervasive that it rises to the level of sexual harassment, is unprofessional and/or inappropriate for worksites and teaching locations, may constitute prohibited sexual misconduct under the policy on sexual misconduct (Appendix E).

For assistance: Questions regarding this policy should be directed to the Office of the Dean Students or Office of Institutional Equity, or the Title IX coordinator.

 

Related Fields of Study

• General Information
  • Introduction
  • The University
  • Admission
  • Registration, Tuition, and Fees
  • Academic Policies and Procedures
  • Student Services
  • Libraries and Other Academic Resources
  • Appendices
    • Appendix A
    • Appendix B
    • Appendix C
    • Appendix D
    • Appendix E
    • Appendix F
    • Appendix G
    • Appendix H
    • Appendix I
    • Appendix J
    • Appendix K
    • Appendix L
    • Appendix M
    • Appendix N
    • Statistical Summaries
  • Index

On this page

• General Policy Guidelines
• General Procedures
• Informal Resolution Procedure
• Complaint Resolution Procedure
• Miscellaneous