The University of Texas Pan American Discrimination, Sexual Harassment and Sexual Misconduct Compliance Training Module

General compliance training is provided so that all employees have an awareness of the compliance issues that may impact their work at UTPA. The training is provided in a flexible computer format so that any disruption to your daily work is minimum. This presentation has been modeled upon the UT San Antonio presentation. We are indebted to them for allowing us to use their model. Please take the time to review the following information carefully.

UTPA is committed to a campus environment of respect, where differences of race, color, sex, religion, national origin, age, disability, citizenship, veteran status or sexual orientation are not used as a means to discriminate against any person or group. Actions or decisions on behalf of the University will be based on qualifications and merit. Civil and professional conduct is expected in all University interactions and communication.

Faculty, staff and student employees of The University of Texas-Pan American are expected to conduct themselves in a professional and respectful manner while engaging in work activities that contribute to the University’s mission. Each employee is personally responsible for ensuring that his or her behavior does not violate University policy.

What is Discrimination? Discrimination, including harassment, is defined as conduct, directed at a specific individual or a group of identifiable individuals, that subjects the individual or group to treatment that adversely affects their employment or education on account of race, color, sex, religion, national origin, age, disability, citizenship, veteran status or sexual orientation.

Protected Classes  Sex (gender)  Race  National Origin  Color  Religion  Age  Disability  Veteran Status Did you Know? Federal, Texas State Laws, and UTPA policies prohibit Discrimination in all areas of employment, including recruitment, hiring, training assignments and promotions.

UTPA Complies with EEO All persons have the right to be treated fairly and without bias. UTPA complies with federal and state laws. UTPA prohibits discrimination in all areas of service provided to employees, student and visitors.

Federal Protection From Discrimination Equal Pay Act, 1963 prohibits discrimination based on gender (sex) in payment of wages or benefits where men and women perform work of similar skill, effort and responsibility for the same employer under similar working conditions. Title VII of the Civil Rights Act of 1964, as amended, prohibits discrimination by public and private employers based on race, color, sex, national origin and religion.

Federal Protection From Discrimination Age Discrimination in Employment Act of 1967 prohibits discrimination against employees who are 40 years of age or older. Title IX of the Education Amendments of 1972 prohibits discrimination based on gender (sex) in programs and activities that receive federal financial assistance.

Section 504 of the Rehabilitation Act of 1973 prohibits discrimination based on disability in programs and activities that receive federal financial assistance. Age Discrimination Act of 1975 prohibits discrimination based on age (40 and over) in programs or activities receiving federal financial assistance. Americans with Disabilities Act of 1990 prohibits discrimination against qualified individuals with disabilities and requires reasonable workplace accommodations be made for qualified individuals with disabilities.

State Protection From Discrimination Civil Rights Division (CRD) – Texas Workforce Commission (TWC) (formerly known as the Texas Commission on Human Rights or TCHR) Parallels legal protection provided through the federal laws. Prohibits discrimination and applies to all personnel decisions based on federal protection laws.

Harassment, as a form of discrimination, is defined as verbal or physical conduct that is directed at an individual or group because of race, color, sex, religion, national origin, age, disability, citizenship, veteran status or sexual orientation. When such conduct is sufficiently severe, pervasive or persistent so as to have the purpose or effect of interfering with an individual’s or group’s academic or work performance; or of creating a hostile academic or working environment.

Handbook of Operation Procedures HOP Sexual Harassment Definition: Sexual harassment is a form of sex discrimination and includes unwelcome sexual advances, requests for sexual favors, verbal or physical conduct of sexual nature when:  submission to such conduct is made either explicitly or implicitly a term or condition of employment or student status.  submission to or rejection of such conduct is used as a basis for evaluation in making personnel or academic decisions affecting that individual.  such conduct has the purpose or effect of unreasonably interfering with an individual’s performance as an administrator, faculty member, staff member, or student, or creating and intimidating, hostile or offensive environment.

Sexual Misconduct Includes: Unwelcome sexual advances, requests for sexual favors or physical conduct or a sexual nature directed toward another individual that does not rise to the level of sexual harassment but is unprofessional and inappropriate for the workplace or classroom.

What is sexual harassment? Examples of behavior that could be considered sexual misconduct and/or sexual harassment include but are not limited to:  Unwelcome and/or inappropriate sexual comments including sexually explicit statements, questions, jokes or anecdotes, remarks of a sexual nature about a person’s clothing or body;  Remarks about sexual experience; speculation about sexual experience;  Exposure to sexually oriented graffiti, pictures, or materials. Consider other’s feelings!

What is sexual harassment?  Unwelcome and/or inappropriate touching like hugs, kisses, brushing up against another individual;  Physical interface with or restriction of an individual’s movement;  And/or verbal and/or physical conduct of a sexual nature directed toward another individual that is unwelcome to a third party who complains about the behavior.

At UTPA Romantic or sexual relationships are prohibited between a faculty member and a student who is enrolled in the faculty member’s course or who is otherwise under supervision of the faculty member or between a supervisor and a person under his/her supervision. Such relationships often create situations that may lead to charge of sexual harassment, sexual misconduct, conflicts of interest, favoritism and/or low morale.

The University of Texas-Pan American Policy H.O.P. Section The University condemns sexual harassment of or by its students, staff, and faculty. The University is committed to the principle that the learning and working environment of its students, employees and guests should be free from sexual harassment and inappropriate conduct of a sexual nature. Sexual harassment is a form of sex discrimination and is illegal. Sexual misconduct and sexual harassment are unprofessional behaviors. Such conduct is prohibited as a matter of institutional policy and will be subject to disciplinary action. A public servant acting under color of his or her office or employment who intentionally subjects another to sexual harassment is guilty of official oppression. Texas Penal Code Section 39.03(a) (3). Official oppression is a Class A misdemeanor. Texas Penal Code Section 39.03(d).

Supervisors and faculty shall not enter into any type of romantic or sexual relationship with staff under their supervision or with students enrolled in their courses or otherwise under the supervision of the faculty member. Such relationships will be looked upon as potentially detrimental to the working and learning environment, may be deemed inappropriate and unacceptable, and may constitute grounds for disciplinary action including termination of all appropriate parties involved. Complaints concerning consensual relationships impacting the work or educational environment by non-participating individuals will be treated as third-party sexual harassment complaints. Third party complaints will be handled according to procedures set forth in the H.O.P

The University provides informal and formal complaint procedures that may be used to address complaints. The informal process described in Subsection F.1.b of this policy may be used as a prelude to filing a formal complaint, or as an alternative. The informal process is not a prerequisite to a formal complaint. Anyone who believes that he or she has been subject to sexual harassment or sexual misconduct may immediately file a formal complaint. The procedures for both informal and formal complaints are outlined in Subsection F of this policy.

The policy is available to all faculty, employees and students on the UTPA website ( The University will periodically educate and train employees and supervisors regarding the policy and conduct that could constitute a violation of the policy. Pursuant to Texas Labor Code, Section , new employees shall receive this training within 30 days of hire. All employees shall participate in a refresher training every two years. Such training shall be documented in each employee’s personnel file.

What to do? What to do if you think you may be experiencing sexual harassment or sexual misconduct: Understanding your rights. You have a right to an educational or work environment that is free of bias, intimidation, hostility, or retaliation. Sexual harassment is a violation of the law and University policy. Object at the time. Tell the harasser that the behavior is unwelcome. Your response could prevent future harassment from the person, especially if he or she did not realize the behavior is offensive. Tell someone. Report it to your supervisor or the Equal Opportunity Affirmative Action office. Ask for advise and support to help stop the harassment.

Document what happened. Keep records in a journal or record the facts of the incident (s) on a tape recorded. Keep track of dates, places, witnesses and the nature of the harassment. Write a letter. A letter to the harasser can be an effective way to communicate objections to certain behaviors. Such a letter should state: a) the facts of the situation, b) the effects the behavior has had on you, c) that you would like the behavior to stop. What to do? What to do if you think you may be experiencing sexual harassment or sexual misconduct:

Report the Problem. We urge you to report any problem you have with harassment, sexual harassment or sexual misconduct. You may report the problem to: Equal Opportunity/ Affirmative Action (EO/AA) Office 956/ or Dean of Students Office at 956/ If you feel you are in physical danger, immediately contact the UTPA Police Department at 911 or

Hiring Practices It is NOT OK to ask questions about:  National Origin  Race  Age  Disability  Citizenship  Veteran Status  Birthplace  Sexual Orientation  Gender  Marital Status  Children  Birth Control  Dependents  Religious Beliefs  Height/Weight  Political Beliefs

Hiring Practices It IS OK to… ask questions that are necessary to determine a candidate’s ability to perform the job.

Every member of the University community has the responsibility of ensuring they are not contributing to an environment that is discriminatory, harassing or hostile. Every member of the University community should speak out against inappropriate conduct as it happens. Every manager or supervisor must immediately take action if they know or suspect that discriminatory or harassing behavior is occurring. Every member of the UTPA community is responsible for maintaining an environment that is conducive for working and learning. What is your responsibility?

If this happens to you…. What would you do? An employee meets with their supervisor in the supervisor’s office and the supervisor closes the door, sits close to the employee, pats the employee’s knee during the discussion, and suggests they get to know each other better. The employee is uncomfortable and tries to move away but the supervisor only moves closer and continues.

Would you… A.) Be more careful next time. This supervisor is well-regarded here and it would be my word against theirs. I just won’t put myself in a position where we are alone again. B.) Talk to my co-workers. I’d want to know if they had ever experienced anything similar and how they handled it. C.) Talk to my supervisor. Tell my supervisor about my discomfort and/or report the incident to the EO/AA Office.

Take Action ! You should… Talk to your supervisor about your discomfort and/or report the incident to the EO/AA Office. Telling your supervisor you are not comfortable is the best approach if you want the behavior to stop. Take action about this behavior. Even in a situation with no witnesses it is important to acknowledge the behavior and its impact on you. Telling co-workers is a risk and not the advisable approach. This behavior could be either sexual misconduct or sexual harassment in violation of University policy. The Office of Equal Opportunity/ Affirmative Action can assist in communicating this message and is the office you will need to contact to file a complaint about the behavior.

If this happened to you? A co-worker frequently s jokes to the staff. One of the most recent jokes included a picture that ridicules a group based on their race and religious beliefs. Everyone likes this co-worker and no one wants to get the employee in trouble. Several employees comment about their offense and one tells the co-worker who says it was not meant to offend anyone. The co-worker offers to apologize even though it shouldn’t be a big deal as they are all adults. Another co-worker overhears this conversation and says she was not offended and that they just need to get over it.

Would you… A.) Keep quiet and delete it. Sometimes you have to “go along to get along” and this is one of those times. B.) Use peer pressure. Print a copy and post it on the department’s bulletin board for all to see and discuss. C.) Speak to your supervisor. Ask that they handle the situation.

You should…  Speak to your supervisor and ask that they handle it. Employees must take action if they want this behavior to stop.  This may be indicative of a hostile work environment. It is unprofessional behavior regardless of whether anyone was offended and a violation of University policy.  We cannot accept these behaviors as “no big deal,” if we want a professional work environment where there is respect for all employees.

If this happens to you… You are on an interview panel and someone on the panel asks an applicant, “Has anyone ever complained that they couldn’t understand you because of your heavy accent?” The position is filled and this applicant does not get hired. What would you do?

Would you ? A.) Do nothing. You know why the selection was made and you also speak with an accent. B.) Say Nothing. Wonder about the potential implications but ultimately it’s up to the applicant to complain about the comment. C.) Report the incident. Notify your supervisor, Human Resources or the EO/AA Office.

You should….  Report the incident. It is important to report the incident to your supervisor, Human Resources or the EO/AA Office.  This may be discriminatory based upon the applicant’s national origin.  EO/AA Officer will determine if the selection was made in a nondiscriminatory manner.

If this happened to you…. What would you do? A professor teaches a class at night and several students have asked if they could all meet for happy hour one day before class. The day that this takes place the professor stops by to be sociable and a student admirer gets physically close and overly friendly. Later that evening the professor notices the student is not taking notes and continues to stare and smile throughout the lecture. After class the student stays back and asks the professor if the party can continue.

Would you… A.) Notify the department chairperson. Advise the chairperson about the situation, the measures you took with the student, and determine if any further action is necessary. B.) Take no action. Unless this happens again, the student probably meant no harm and you wouldn’t want to jump to conclusions. C.) Deal with the incident as it unfolds. Advise the student that there was a time when you would have gladly gone but things are too risky to do so these days.

You should… Notify the department chairperson. Advise the chairperson about the situation, the measures you took with the student, and determine if any further action is necessary. The professor is an employee of the University and must take action to discourage this behavior. The professor can deal directly with the student on the spot, notify the department chairperson and seek advice, or contact the EO/AA Office or the Dean of Students Office to document the occurrence. It is important to act so that the student is clear about the inappropriateness of this behavior. The student can be advised about the University’s policy prohibiting this type of relationship and the expectations the professor has for student conduct in the future.

Report Violations!! Report instances of illegal discrimination or inappropriate behavior to the EO/AA Office at (956) THIS OFFICE:  Investigates complaints or allegations of discrimination, including sexual misconduct and sexual harassment through formal and informal processes;  Conducts faculty recruitment and diversity training on the UTPA commitment to diversity;  Provides guidance on methods for prevention and early intervention.

Employees or students who have been subjected to discrimination should document all facts about the incident(s). BE PREPARED TO REPORT:

TRUE OR FALSE? 1. Sexual harassment affects everyone – women and men, workers at all levels and all types of jobs. TRUEFALSE

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TRUE OR FALSE? 2. Sexual harassment is only when supervisors ask for sexual favors. TRUEFALSE

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TRUE OR FALSE? 3.Supervisors are prohibited to date subordinates. TRUEFALSE

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TRUE OR FALSE? 4. Jokes of sexual content are Not considered sexual harassment? TRUEFALSE

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TRUE OR FALSE? 5. Men may be victims of sexual harassment? TRUEFALSE

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TRUE OR FALSE? 6. Employers cannot prevent sexual harassment? TRUEFALSE

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TRUE OR FALSE? 7. You should respond to unwanted attention immediately? TRUEFALSE

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TRUE OR FALSE? 8. You should take action if the harassment continues by reporting it. TRUEFALSE

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TRUE OR FALSE? 9. Everyone knows the difference between good- natured fun and sexual harassment? TRUEFALSE

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TRUE OR FALSE? 10. Sexual Harassment is illegal. TRUEFALSE

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Thank you for completing the Discrimination, Sexual Harassment and Sexual Misconduct Compliance Training Module