Appendix I--Sexual Harassment*

Policy

The objective of the University is to provide an environment in which faculty, staff, and students may pursue their careers and studies with a maximum of productivity and enjoyment. Behavior or conduct which interferes with this goal will not be tolerated.

It is the policy of the University to maintain a work place and a learning environment free of sexual harassment and intimidation.

Harassment of students on the basis of sex is a violation of Section 106.31 of Title IX of the Education Amendments of 1972.

Harassment of TTU employees on the basis of sex is a violation of Section 703 of Title VII of the Civil Rights Act of 1964, § 39.03 Texas Penal Code, as stipulated in House Bill 370 passed in the 71st Legislative Session, and the Texas Commission on Human Rights Act of 1983.

Sexual harassment is defined as:

Sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

a.Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, participation in a University sponsored educational program or activity, or in return for a grade or other consideration;

b.Submission to or rejection of such conduct by an individual is used as the basis for an academic or employment decision affecting such individual; or

c.Such conduct has the purpose or effect of unreasonably interfering with an individual's academic or work performance or of creating an intimidating, hostile, or offensive working or educational environment.

Any faculty member, staff member, or student may pursue a grievance as set forth in the procedures outlined below without fear of reprisal.

Confidentiality of both complainant and accused will be honored to such extent as it does not compromise the University's commitment to investigate allegations of sexual harassment.

Complaint Procedures

Students

Sexual harassment complaints must be filed within 180 days after the incident occurs. (Title VII of Civil Rights Act of 1964 and Title IX of the Educational Amendments of 1972.)

Students believing they are the targets of sexual harassment in the academic environment by faculty, staff, or other students should report their complaint to the Dean of Students Office (DOS).

Students complaining of sexual harassment in their employment capacity should proceed directly to the Equal Employment Opportunity (EEO) Office as provided in the Faculty and Staff section of this policy.

When a signed complaint is filed, an investigation will be conducted by either the Dean of Students Office or the EEO Office. Investigation of a complaint of sexual harassment will include, but not be limited to, conferring with the complainant, the accused, and the supervisor of the accused and may also involve examination of relevant documentation and interviews with other pertinent individuals. The appropriate vice president or Provost will be notified of the complaint.

The investigation will be conducted as quickly as possible and the results reported to the complainant, accused, and the appropriate vice president or Provost.

In the event the complaint is valid, the accused will be subject to disciplinary action, as determined by the appropriate vice president or Provost.

Appeals by either party may be directed to the appropriate vice president or Provost.

Faculty and Staff

Sexual harassment complaints must be filed within 180 days after the incident occurs. (Title VII of Civil Rights Act of 1964 and Title IX of the Educational Amendments of 1972.)

Employees who believe they are being sexually harassed but are unsure about filing a formal complaint, should discuss the situation with a representative of the EEO Office. The EEO Office will take no official action on behalf of the employee without a filed, signed, complaint; however, action may be taken by the University as deemed appropriate.

When a signed complaint is filed in the EEO Office, an investigation will be conducted by that office. The vice president of the appropriate administrative division or the Provost will be notified of the complaint.

Investigation procedures of a complaint are at the discretion of the EEO Office. Investigation of a complaint of sexual harassment may include conferring with the complainant, the accused, and the supervisor of the accused, and may also involve examination of relevant documentation and interviews with other pertinent individuals.

The EEO Office personnel will inform the complainant and the accused of the results of the investigation and report the findings to the appropriate University administrator(s).

The appropriate University administrator, after reviewing the findings of the EEO Office, will proceed toward resolution of the complaint.

In the event the complaint is valid, appropriate disciplinary action will be taken.

Either party may, within 10 working days, choose to appeal the finding of the EEO Office or any disciplinary action proposed by the appropriate University administrator through the procedures established for faculty, OP 32.05, sections 3., 4., and 5.; and for staff, OP 70.10 section 2.b.(2) through 2.b.(5).

Texas Tech University reserves the right to interpret, amend, or rescind this policy in whole or in part at any time.


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LAST UPDATE: 8-1-98