This is an archived copy of the 2013-14 catalog. To access the most recent version of the catalog, please visit http://catalog.utexas.edu/.

Appendix D: Policy on Sex Discrimination and Sexual Harassment

Policy Statement
It is the policy of the University of Texas at Austin (University) 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, staff, and visitors to promptly report sex discrimination and sexual harassment.
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. All visitors, applicants for admission to or employment with the University, and students and employees of the University are required to cooperate in any University-led investigation or inquiry into a complaint made under this policy.
Definitions
- Complaint. A signed document or other report, including verbal reports, alleging sex discrimination, including sexual harassment, under this policy.
- Complainant. A person who submits a complaint alleging sex discrimination, including sexual harassment, under this policy.
- Respondent. 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” also 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.
- Notification. Occurs 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 address currently on file with the university.
- Sex Discrimination. Sex Discrimination including sexual harassment, is conduct directed at a specific individual or a group of identifiable individuals that subjects the individual or group to treatment that adversely affects the individual or group’s employment or education on account of sex.
- Sexual Harassment. Unwelcome conduct of a sexual nature. Sexual harassment is a form of sex discrimination that includes:
  1. Sexual violence, as defined under the Texas Penal Code which includes 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 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;
  3. Verbal conduct, including oral, written, or symbolic expression, that, depending on the totality of the circumstances present, including frequency and severity, may constitute sexual harassment includes but is not limited to:
    - 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;
    - Deliberate, repeated humiliation or intimidation based upon sex.
      
      This policy only applies to verbal conduct that is not necessary to an argument for or against the substance of any political, religious, philosophical, ideological, or academic idea.
Contacts:
Title IX Coordinator
Dr. Jennifer R. Hammat
Assistant Vice President for Student Affairs
512-232-3992
www.utexas.edu/student-affairs/policies/title-ix

Deputy Title IX Coordinator
Mr. Travis Gill, Assistant Director
Office of Institutional Equity
512-471-1849
http://www.utexas.edu/eos/

Deputy Title IX Coordinator
Ms. Christa Lopez, Associate Director
Student Emergency Services
Office of the Dean of Students
512-471-5017
http://deanofstudents.utexas.edu/
Responsibilities and Procedures
1. General Policy Guidelines
  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. Students are encouraged to report such incidents to the Office of the Dean of Students; employees and campus visitors are encouraged to report to the Office of Institutional Equity. Reports of sex discrimination or sexual harassment can be made to the University at any time, however, the University encourages individuals to report such incidents as soon as possible after the date of the alleged incident so prompt action can be taken to investigate and resolve the complaint.
    
    No person is required to report sex discrimination or sexual harassment to the alleged offender.
    Student complaints of sex discrimination, sexual harassment (including sexual violence) or sexual misconduct should be reported to the Office of the Dean of Students.
    
    Ms. Christa Lopez, Associate Director, Student Emergency Services
    Office of the Dean of Students
    Deputy Title IX Coordinator
    4.104 Student Services Building
    512-471-5017
    christa.sandelier@austin.utexas.edu
    
    Students may also contact the U.S. Department of Education, Office of Civil Rights to complain of sex 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.
    
    Mr. Travis Gill, J.D., Assistant Director, Office of Institutional Equity
    Deputy Title IX Coordinator
    4.302 North Office Building
    512-471-1849
    travis.gill@austin.utexas.edu
    
    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 University 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 either the Office of the Dean of Students, or to the Office of Institutional Equity. Where a supervisor, administrator or University official is concerned about the conduct of a particular University employee but no specific complaint has been made, such concerns may be forwarded to the Office of the Dean of Student or to the Office of Institutional Equity for discussion and potential investigation.
  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 may use either the informal resolution process or the formal complaint process, or both. The informal resolution and formal complaint resolution process described in this policy are not mutually exclusive and neither is required as a pre-condition for choosing the other; however, they cannot both be used at the same time. Notwithstanding the foregoing, use of the informal resolution process is not available in cases involving sexual violence.
  4. Institutional Responsibility
    If sufficient information is provided to reasonably indicate an offense occurred, the University may investigate an alleged incident even if no complaint is made.
2. Resolution Procedure
  1. Informal Resolution
    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.
    
    A request for informal resolution should normally be made within ninety (90) days of the date of the alleged incident to either the Office of the Dean of Students or the Office of Institutional Equity, 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.
    
    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; 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 the Office of Institutional Equity as appropriate and will be kept confidential to the extent permitted by law. An informal resolution meeting shall not be considered a precondition for entering into the formal complaint resolution process described below.
  2. Formal Complaint Resolution
    1. Complaint
      A complaint alleging sex discrimination or sexual harassment should 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:
      - Name and UT Identification Number of the Complainant(s);
      - Contact Information, including address, telephone, and e-mail;
      - Name of person(s) directly responsible for alleged violation(s);
      - Date(s) and place(s) of alleged violations;
      - Nature of alleged violation(s) as defined in this policy;
      - Detailed description of the specific conduct that is the basis of alleged violation(s);
      - Copies of documents pertaining to the alleged violation(s);
      - Names of any witnesses to alleged violation(s);
      - Action requested to resolve the situation;
      - Complainant’s signature and date of filing; and
      - Any other relevant information.
        
        The lack of information, such as but not limited to, the kinds or types listed above, may impact the responsible University office’s ability to fully investigate a complaint.
    2. Time Limit
      A complaint should normally be filed within ninety (90) calendar days of the occurrence of the alleged violation. However, circumstances may allow for an inquiry into alleged incidents outside the ninety (90) 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 may be filed within thirty (30) calendar days after the end of that semester.
    3. Acknowledgement
      Within five (5) 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 a brief acknowledgement 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, falls within the scope of this policy, and articulates sufficient specific facts, which, if determined to be true, would support a finding by the greater weight of the credible evidence that this policy was violated. The University may choose not to proceed with a complaint investigation under a variety of circumstances, if, for instance, such as when:
      - a 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;
        
        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, with a copy to the alleged offender. The notification letter will also include a statement informing the complainant that, within ten (10) working days of the notification, he or she may appeal the determination not to proceed with a complaint investigation to the Vice President for Diversity and Community Engagement 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 within twenty (20) working days of receipt of the appeal. 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, the Office of Institutional Equity or the Office of the Dean of Students will give the respondent written notification of the complaint investigation, with a copy to the complainant. The notification letter will include a copy of any written complaint or a statement setting out the complaint. The notification letter will provide the respondent an opportunity to submit a written response to the allegations within ten (10) working days, unless unusual circumstances warrant additional time. The notification letter will include a statement advising the respondent that retaliation against the complainant is prohibited and will subject the respondent 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 sexual discrimination and sexual harassment. The Office of Institutional Equity is responsible for conducting formal investigations of complaints against non-students alleging sexual 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 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) may provide the Office of Institutional Equity or the Office of the Dean of Students, as appropriate, with all documents relied upon or otherwise relevant to the issues raised in the complaint.
      
      Other evidence obtained by the Office of Institutional Equity or the Office of the Dean of Students will be reviewed as appropriate.
    10. Report of Findings and Recommendation—Complaints Against Non-Students
      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 (30) 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 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 University Operations. 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. In all instances, the appropriate vice president is responsible for disciplining or otherwise sanctioning an individual found to be in violation of this policy. If a vice president is found to be in violation of this policy, the responsibility for disciplining or otherwise sanctioning the vice president falls to the president or his delegate.
      2. The appropriate vice president will promptly notify the complainant and the respondent, 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 (10) working days from the date of notification, the complainant and respondent may each submit, for consideration by the appropriate vice president, such comments and corrections as they may have.
      3. Within fifteen (15) days of the notification to the complainant and the respondent 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 and respondent.
      4. Within fifteen (15) working days from the meeting described in subsection c. above, 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 and respondent, 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.
    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 (30) working days of receipt of the respondent’s statement, unless unusual circumstances require more time.
      2. Dean of Students and the investigator shall meet within fifteen (15) working days to discuss the findings, and review the record.
      3. Within fifteen (15) working days from the meeting described in subsection b. above, 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.
      4. If the Dean of Students determines that this policy was violated, the dean, following consultation with the investigator or other knowledgeable person(s) as appropriate, shall determine whether to initiate a disciplinary action appropriate for the severity of the conduct pursuant to the Institutional Rules on Student Services and Activities (Chapter 11, Appendix C of the General Information Catalog). Disciplinary actions can include, but are not limited to, documented warning, the imposition of conditions, probation, suspension, and dismissal.
      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.
3. Miscellaneous
  1. Employee Grievance of a Disciplinary Action
    1. Any employee disciplined pursuant to this policy, except faculty, teaching assistants, assistant instructors, or members of the University of Texas at Austin Police Department (each of whom are subject to separate procedures, which they may invoke as appropriate), may grieve that action by submitting a written grievance, within ten (10) 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 pursuant to this policy.
    2. If the disciplinary action that is being grieved does not involve termination, demotion, or suspension without pay the vice president shall thoroughly review and finally decide the matter within (30) calendar days of its receipt unless unusual circumstances require more time.
    3. If the disciplinary action that is being grieved involves termination, demotion, or suspension without pay of an employee who is covered by Handbook of Operating Procedures 5-2420, the vice president who is assigned to review the grievance shall follow the procedures for appealing such actions contained in that section.
  2. Retaliation Prohibited
    A student, faculty, 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 Procedure
    This complaint procedure shall also constitute the grievance 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.”
  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, or as fairness requires.
  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 Institutional Equity shall be primarily responsible for records related to complaints against non-students. 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 and Health Services
    Counseling and health services are available to University administrators, faculty, staff, and students, including victims of sexual harassment or assault. The Title IX and deputy Title IX coordinators listed in Section IV are available to advise such individuals of their options.
    1. For Students:
      1. 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
        
        Manages VAV Survivor Emergency Fund
      2. 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
    2. 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 (see Handbook of Operating Procedures 3-3050).
  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 work sites and teaching locations, may constitute prohibited sexual misconduct under the policy on sexual misconduct.

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.