1. Texas State University Office of Equity and Access

2. Today’s Agenda Texas State Diversity Initiative: A Quality IDEA! Prohibition of Discrimination Sexual Misconduct Policy: Strengthening our safe environment

3. Our Mission Texas State University is a public, student- centered, Emerging Research University dedicated to excellence in serving the educational needs of the diverse population of Texas and the world beyond.

4. Public, student-centered: focus on students Emerging Research University: focus on quality Dedicated to excellence: supportive, safe learning environment Serving the educational needs of the diverse population of Texas and the world: inclusive, diverse, equitable, fair

5. A Quality IDEA!  Quality: high degree of excellence, moving Texas State toward NRU  Inclusion: an organizational cultural trait that values and leverages diverse perspectives  Diversity: the entire range of differences between and among groups  Equity: applying the same treatment to all; fairness  Access: opportunity for entry

6. Texas State University: Making the Case for Diversity Responds to demographic changes Improve quality of services and outcomes as they relate to our mission Enhance workplace environment Meet legislative, regulatory, and other mandates Gain a competitive edge Create an environment where everyone can do their best learning and work

7. Equity and Access Committee Title IX Collective Diversity Grant Program Affinity Groups: CBFS, HPN, LGBT Faculty and Staff Group Annual Assessment Report Diversity Awards Function: The Committee provides oversight, advice, and support for the Texas State diversity plan in support of the University's goal to "Enrich our learning and working environment by attracting and supporting a more diverse faculty, staff, and student body." Representative group to institutionalize policies and procedures and internalize the evolving legal requirements of Title IX and other laws

8. Call early and often Review and Approve Provide support Investigate complaints How we can help……… Texas State University Equity and Access Office

9. Texas State University Non-Discrimination Statement Texas State University is committed to an inclusive education and work environment that provides equal opportunity and access to all qualified persons. Texas State, to the extent not in conflict with federal or state law, prohibits discrimination or harassment on the basis of race, color, national origin, age, sex, religion, disability, veterans’ status, sexual orientation, gender identity or expression.

10. Key Laws  Title VII of the Civil Rights Act of 1964 Prohibits discrimination in employment based on race, color, national origin, sex, and religion.  Equal Pay Act of 1963 Prohibits discrimination in payment of wages or benefits on the bases of sex where men and women perform work of similar skill, effort and responsibility.  Age Discrimination in Employment Act of 1967 Prohibits discrimination in employment based on age against applicants or employees who are 40 years of age or older.  The Americans with Disabilities Act Amendments Act of 2008 Prohibits discrimination in employment based on physical or mental impairment. Requires the employer to make reasonable workplace accommodations to qualifying individuals.

11. Key Laws  Immigration Reform and Control Act (IRCA) Prohibits discrimination in employment-related matters on the basis of national origin or citizenship.  Title VI of the Civil Rights Act of 1964 Prohibits discrimination based on race, color, or national origin in programs/activities that receive federal funding.  Texas Commission on Human Rights Act Prohibits employment discrimination based on race, color, disability, religion, sex, national origin, and age.

12. Title IX and Related Laws Title IX of the Education Amendments of 1972 Prohibits discrimination based on sex in any education program or activity that receives federal funding. Dear Colleague Letter Violence against Women Reauthorization Act Clery Act Look for this publication More on this later…….

13. University Policies & Procedures 04.04.46-Prohibition of Discrimination Texas State University System Sexual Misconduct Policy 04.04.60-Workplace Accommodation Prohibits discrimination against employees with disabilities Outlines procedures for requesting a reasonable accommodation 04.04.39- Consensual Relationships Requires disclosure and supervisor to act regarding improprieties or conflict of interest

14. Create an environment that supports everyone’s ability to do their best work. Base employment and educational decisions on performance and knowledge, skills and abilities. Treat all people with respect. Improve your diversity- related skills, know your own bias. Get to know your colleagues

15. Discrimination Prohibition UPPS 04.04.46, Prohibition of Discrimination Texas State University is committed to an inclusive education and work environment that provides equal opportunity and access to all qualified persons. Texas State, in accordance with applicable federal and state laws and institutional values prohibits discrimination or harassment on the basis of race, color, national origin, age, sex, religion, disability, veterans’ status, sexual orientation, gender identity, or gender expression.

16. Filing a Discrimination Complaint 1.Call Office of Equity and Access at 245-2539. 2.Download a complaint form from our website 3.Read the Policy: 04.04.46 4.An investigation will be conducted.

17. Consensual Relationship Policy A consensual relationship is a mutually acceptable, romantic, or sexual relationship…… between a University employee with supervisory or teaching authority…. and an employee, student, or student employee who is directly supervised or taught by that employee. Requirement: report the relationship.

18. Caution…… Perception of unethical behavior Perceptions of preferential treatment Lower morale, bad work or academic environment Impact on image – yours and the university Ease of moving from a good relationship to potential sexual harassment complaint

19. Sexual Misconduct Policy Texas State University is firmly committed to maintaining an educational environment free from all forms of sex discrimination. Sexual Misconduct, as defined in the Sexual Misconduct policy, is a form of sex discrimination and will not be tolerated.

20. Sexual Misconduct Policy Relationship Violence Sexual Assault Sexual Harassment Stalking Sexual Exploitation Sexual Intimidation Sexual Misconduct

21. Sexual Misconduct Defined Sexual Misconduct, a form of sex discrimination, encompasses a range of non-consensual sexual activity or unwelcome behavior of a sexual nature and includes, but is not limited to sexual assault, relationship violence, sexual harassment, stalking, sexual exploitation, sexual intimidation.

22. Any form of non-consensual sexual activity representing a continuum of conduct from forcible rape to non-physical forms of pressure designed to compel individuals to engage in sexual activity against their will. Sexual Assault

23. Dating Violence Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the Victim. A pattern of abusive behaviors – usually a series of abusive behaviors over a course of time – used to exert power and control over a dating partner. Family/Domestic Violence a current or former spouse or intimate partner of the Victim, a person with whom the Victim shares a child in common, a person who is cohabitating with or has cohabitated with the Victim as a spouse or intimate partner or roommate, a person similarly situated to a spouse of the Victim under the domestic or family violence laws of the State of Texas, Or any other person against an adult or youth Victim who is protected from that person’s acts under the domestic or family violence laws of the State of Texas.

24. Sexual Harassment Any unwelcome verbal, nonverbal, written, electronic or physical behavior of a sexual nature directed at someone, or against a particular group, because of that person’s or group’s sex, or based on gender stereotypes, severe or pervasive, and where it meets either of the following criteria: Submission, consent, or rejection of the behavior is believed to carry consequences for the individual’s education, employment, on-campus living environment or participation in a university affiliated activity. The behavior has the purpose or effect of substantially interfering with another’s work or educational performance by creating an intimidating or hostile environment for employment, education, on-campus living or participation in a university affiliated activity.

25. Stalking Engaging in a course of conduct directed at a specific person that would cause a reasonable person to: Fear for his or her safety or the safety of others; or Suffer substantial emotional distress

26. Sexual Exploitation Occurs when a person takes non-consensual or abusive sexual advantage of another for his or her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited.

27. Sexual Intimidation Sexual Intimidation includes but is not limited to: Threatening with a non-consensual sex act; Stalking or cyber-stalking; or Engaging in indecent exposure

28. Consent can be expressed either by words or by clear and unambiguous actions, as long as those words or actions create mutually understandable permission regarding the conditions of each instance of sexual activity. It is the responsibility of the person who wants to engage in the sexual activity to ensure that s/he has the consent of the other to engage in each instance of sexual activity. Consent is an informed and freely and affirmatively communicated willingness to participate in a particular sexual activity.

29. Factors to Consider Regarding Consent Someone who is incapacitated cannot consent Consent can be withdrawn at any time Past consent does not imply future consent Coercion, force, or threat invalidated consent Being intoxicated or under the influence of alcohol, drugs or other substance is never an excuse for engaging in sexual misconduct.

30. Reporting Options Dr. Gilda Garcia Title IX Coordinator Office of Equity and Access Phone: 512.245.2539 www.txstate.edu/oea TitleIX@txstate.edu Counseling Center Student Health Center Texas State University Police Department San Marcos Police Department Hays-Caldwell Women’s Center Attorney for Students Who you gonna call?

31. Texas State faculty and staff are “responsible employees”: technical term meaning reporting responsibilities Texas State initiative: address sexual misconduct when it occurs, prevent its recurrence, and remedy its effects. If you see or hear of sexual misconduct, please call the Title IX Coordinator 512.245.2539. Submit report using the Sexual Misconduct Web line

32. Sexual Misconduct Web line https://tim.txstate.edu/sexualmisconductwebline/

33. Workplace Accommodations Examples: Acquiring or modifying equipment or devices; Job restructuring; Part-time or modified work schedules; Providing readers or interpreters; Making the workplace accessible to and usable by individuals with disabilities. Texas State University provides reasonable accommodations to support equal access to learning and work success

34. Dr. Sherri Benn, ADA Coordinator Multicultural Student Affairs Suite 5-2.1, LBJ Student Center 512.245.2278 sb17@txstate.edu http://www.msa.txstate.edu/ Workplace Accommodations Dr. Gilda Garcia Chief Diversity Officer Title IX Coordinator Director, Equity and Access JCK 164 512-245-2539 gg18@txstate.edu Mr. John McBride AVP, Human Resources JCK 340 512-245-2557 jm05@txstate.edu

35. Retaliation An employer may not fire, demote, harass or otherwise “retaliate” against an individual for filing a charge of discrimination, participating in a discrimination proceeding or otherwise opposing discrimination.

36. Establishing Retaliation Participation in a protected activity Filed complaint Served as a witness Opposed discrimination Subsequent occurrence of adverse employment action by employer Causal connection between participation and adverse action

37. Contact List Gilda Garcia gg18@txstate.edu Melissa Amaya ms54@txstate.edu Cynthia Prado cp01@txstate.edu JCK 164 www.txstate.edu/oea 512.245.2539 Texas Workforce Commission Civil Rights Division (TWCCRD) 1.888.452.4778 http://www.twc.state.tx.us Equal Employment Opportunity Commission (EEOC) 1.800.669.4000 http://www.eeoc.gov/

38. Yea! We’re done!!