Sexual Harassment Policy

It is the policy of Texas Southern University that all employees have the right to work in an environment free of discrimination and sexual harassment.  As such, the University has a no-tolerance policy on sexual harassment. That means that any employee who sexually harasses a fellow employee or a student is subject to discipline, up to and including termination of his or her employment.

The University’s sexual harassment policy is designed to apply to employment and academic relationships among faculty, administrators, staff, and students and prohibits male-to-female, female-to-male, faculty-student and same-sex harassment. Every employee of the University must avoid offensive or inappropriate sexual and/or sexually harassing behavior at work. Furthermore, the University’s guidelines apply to all sexual advances, regardless of whether they are made in the office, outside the office, or during social or business occasions. 

A.  SEXUAL HARASSMENT DEFINED

Texas Southern University has adopted and incorporated the regulations of the Equal Employment Opportunity Commission (EEOC) and case law that define sexual harassment and hostile work environment.  Prohibited conduct and activities include:

1. Unwelcome sexual advances;
2. Requests for sexual favors, whether or not accompanied by promises or threats relating to the employment relationship or that in any way influence any personnel decision regarding a person’s employment, evaluation, wages, advancement, assigned duties, shifts or any other condition of employment or career development;
3. Any verbal or physical conduct of a sexual nature that threatens or implies, either explicitly or implicitly, that an employee’s submission to or rejection of sexual advances will in any way influence any personnel decision regarding his or her employment, evaluation, wages, advancement, assigned duties, shifts or any other condition of employment or career development;
4. Any verbal or physical conduct that has the purpose or effect of substantially interfering with an employee’s ability to do his or her job;
5. Any verbal or physical conduct that has the purpose or effect of creating an intimidating, hostile or offensive working environment;
6. Certain conduct in the workplace, whether physical or verbal, committed by supervisors or non-supervisory personnel, including but not limited to references to an individual’s body; use of sexually degrading words to describe an individual; offensive comments; off-color language or jokes; innuendoes; and sexually suggestive objects or behavior, books, magazines, photographs, cartoons or pictures, and;
7. Retaliation against employees who report sexual harassment or assist the University in investigating a complaint is against the law and is prohibited. Retaliation includes but is not limited to refusing to recommend an employee for a benefit for which he or she qualifies, spreading rumors about the employee, encouraging hostility from co-workers and escalating the harassment. 

B.  PROHIBITIONS

1. It is a violation of the University policy for anyone to engage in sexual harassment as defined in Section A.
2. It is a violation of the University policy for anyone who is authorized to effectively recommend or take personnel or academic actions affecting faculty, staff members or students to engage in sexual harassment as defined in Section A.
3. It is a violation of University policy for anyone to offer sexual favors in order to obtain preferential treatment with regard to conditions of employment or academic standing.
4. It is a violation of the University policy for an administrator/supervisor to take personnel or academic actions as a reprisal or in retaliation against an individual for reporting sexual harassment.
5. As with other university policies, it is also a violation of University policy for anyone to make false accusations of sexual harassment or other misconduct.

C. RESPONSIBILITIES OF THE UNIVERSITY

1. Whenever there is a violation of this policy, prompt corrective action shall be taken by the University consistent with existing rules, regulations, and policies. The University shall take preventive and corrective disciplinary action, up to and including termination of employment, against any employee who engages in sexual harassment.
2. The Universitys Compliance Officer shall be responsible for the coordination, dissemination, and implementation of this policy and shall work closely with senior academic and non-academic administrators to assure compliance with the provisions of this policy. The Office of General Counsel and the Human Resources Department shall serve as resources with regard to sexual harassment-related matters.
3. Each dean, director, department chairman and/or administrative officer of an operational unit shall cooperate with the Compliance Officer in the implementation and dissemination of this policy and in providing an environment free of sexual harassment. Such officials shall refer complaints arising under this policy to the Compliance Officer.
4. It is the obligation of every faculty, student and staff member of the University to adhere to this policy. Failure of supervisors to promptly investigate and report allegations of sexual harassment or failure to take timely corrective actions is a violation of University policy and may be considered a violation of the law. The University shall take appropriate disciplinary action, up to and including termination of employment, against any supervisor who fails to investigate, report and/or take timely corrective action in cases of sexual harassment.
5. The University shall exercise reasonable care to prevent and correct promptly any sexual harassing behavior and to safeguard against sexual harassment and to prevent any harm that could have been avoided.
6. The person affected by the sexual harassment of another must make an attempt to take advantage of a reasonable preventive or corrective opportunity provided by the University or to otherwise avoid harm.
7. Retaliation against an employee who reports sexual harassment or assists the University in investigating a complaint is prohibited; any individual who retaliates against an employee under these circumstances will be subject to appropriate disciplinary action, up to and including termination of employment.

D. COMPLAINTS

An employee who has a complaint of sexual harassment by anyone at work, including any supervisor, co-worker, or visitor, should report such conduct to his or her supervisor. In addition, the employee should report the harassment to the University’s Compliance Officer.   If the complaint involves the employee’s supervisor or someone in the direct line of supervision, or if the employee for any reason is uncomfortable in dealing with his or her immediate supervisor, the worker should go directly to the Compliance Officer. If the complaint involves the Compliance Officer, the employee should make a report with the University’s General Counsel.

The University will work to investigate all complaints as quickly and as professionally as possible. When investigations confirm the allegations, appropriate corrective action will be taken.

In the event the University learns that an employee has made a sexual harassment complaint in bad faith or has knowingly provided false information regarding a complaint, appropriate disciplinary action may be taken against the individual who provided the false information.

E. CONFIDENTIALITY

The University will make every attempt to keep the information provided in the complaint and investigation process confidential to the fullest extent permitted by the circumstances and allowed by law. However, confidentiality cannot be guaranteed.