34.01.99.Z1

Approved February 21, 2000
Supplements System Policy 08-01

1. GENERAL

1.1 The employment and educational environment throughout the Health Science Center shall be free from all forms of sexual discrimination and sexual harassment. Conduct constituting sexual harassment is specifically prohibited by federal law, state law, and Texas A&M; University System Policy. The definition of sexual harassment is contained in System Policy 34.01.

1.2 Each supervisor has the responsibility to maintain a learning environment and workplace free of sexual harassment. This includes dissemination of this rule and discussion of it with all employees while assuring them that they are not to endure insulting, degrading, or exploitative sexual treatment. Sexual harassment, which is a form of discrimination, will be treated as such and will not be tolerated by the Health Science Center.

2. COMPLAINT RESOLUTION

A person who believes he or she has been the victim of sexual harassment may pursue either the informal or the formal complaint resolution procedure. A complaint should be initiated within one year of the incident. Any faculty member, staff member, or student may initiate a complaint.

2.1 Informal Complaint

Resolution of an informal complaint may be pursued as follows:

1. A complaint of sexual harassment may be initially directed to the Immediate Supervisor, a Department Chair, a Vice President, the Human Resources Officer, or the Associate Dean for Student Services.
2. If possible, the complainant should clearly communicate to the offender that the behavior is unwelcome and must cease immediately. If the offending behavior does not cease, the offended individual should report the incident(s) to one of the individuals listed above.
3. At the request of the complainant, the immediate supervisor or other administrator who has been contacted will attempt to resolve the complaint, after consulting with the Human Resources Officer. If the person contacted is not the immediate supervisor of the alleged offender, then the alleged offender's immediate supervisor shall also be notified of the allegations made against his or her subordinate. All attempts should be made to maintain the confidentiality of the complainant. If the alleged offender is also the complainant's immediate supervisor, then the complaint should be directed to one of the other individuals mentioned in paragraph (a), who will then attempt to resolve the complaint, after consulting with the Human Resources Officer.
4. Under this informal procedure the complainant may, at any time, elect to withdraw the complaint. However, the Health Science Center (upon the advice of the Human Resources Officer, the System Office of General Counsel, and/or the System Office of Community Development) may choose to follow up on the complaint and take appropriate action.

2.2 Formal Complaint

All formal complaints must be filed in writing with the Human Resources Officer or the Associate Dean for Student Services. The status (i.e. student, staff or faculty) of the alleged offender will determine the appropriate procedure for notification that a formal complaint has been filed.

2.2. 1 Notification:

1. A formal complaint against a student shall be directed to the Associate Dean for Student Services, who will appoint an Investigating Authority. The case will be investigated and a determination will be made within 10 working days as to whether or not further investigation or a hearing is warranted. A representative of Student Services shall notify the alleged offender and the complainant regarding the resolution of the complaint, including any sanctions.
2. Student employees are considered students for the purpose of these procedures. If the incidence of sexual harassment is job-related, the Associate Dean for Student Services shall notify the alleged offender and the complainant regarding resolution of the complaint, including any sanctions.
3. Graduate Assistants ï Teaching and persons holding a post-doctoral appointment will be considered faculty for the purpose of these procedures.
4. Graduate Assistants ï Non-Teaching and persons holding post-doctoral non-teaching appointments are considered non-faculty employees for the purpose of these procedures.

2.2.2 Investigation:

1. A formal complaint filed against a non-faculty employee shall be directed to the Human Resources Office, which will appoint an Investigating Authority. The Investigating Authority will investigate the case and determine, within ten working days, whether to recommend sanctions at that time, to dismiss the case, or to investigate the case further. If a decision for further investigation is made, the investigation should be completed within thirty working days. The determinations and any recommended sanctions of the Investigating Authority will be reported through the Director of Human Resources to the appropriate Vice President. Decisions made by the Vice President regarding investigation and resolution of the complaint are considered final and shall be reported to the alleged offender, the complainant, the Human Resources Officer.
2. A formal complaint filed against a faculty member shall be directed to the office of the Vice President for Academic Affairs. This office will notify the appropriate college Dean and Department Chair, who will notify the faculty member concerned. The Dean will then appoint an Investigating Authority. The Investigating Authority will investigate the case and determine, within ten working days, whether to recommend sanctions at that time, to dismiss the case, or to investigate the complaint further. If a decision for further investigation is made, the investigation should be completed within thirty working days. The findings of the Investigation Authority, together with recommendations for any sanctions, will be reported to the Vice President for Academic Affairs who will review the findings and transmit the Investigating Authority's recommendations to the President. The President will make the final determination. The Vice President for Academic Affairs will report the determination to the complainant and the alleged offender.

3. APPEALS

3.1 Appeals of sanctions against students shall be directed to the HSC college level Disciplinary Appeals Panels. Procedures for Disciplinary Appeals are outlined in each college's Student Handbook (see http://tamuhsc.tamu.edu/Admis/handbook34.htm for an example).

3.2 Graduate Assistants ï Teaching and persons holding post-doctoral teaching appointments are considered faculty for the purpose of these procedures. Appeal of sanctions may be made to the HSC Faculty Grievance Committee as outlined in System Regulation 32.01.01 and in HSC Rule 32.01.01.Z1.

3.3 Graduate Assistants-Non-Teaching and those holding post-doctoral non-teaching appointments are considered non-faculty employees for the purpose of these procedures. Appeal of sanctions may be made in accordance with System Regulation 32.01.02.

3.4 Appeals of sanctions against a non-faculty employee should be handled in accordance with System Regulation 32.01.02.

3.5 If recommendation for sanctions is made against a faculty member, the faculty member may appeal to the HSC Faculty Grievance Committee as outlined in System Regulation 32.01.01 and HSC Rule 32.01.01.Z1.

4. FOLLOW UP

The Investigating Authority may follow up with the complainant after a period of time in order to verify that the harassing behavior remains stopped.

OFFICE OF RESPONSIBILITY

Vice President for Finance, Administration and Institutional Advancement