September 1, 2009
To: All Faculty and Staff
From: Diana Natalicio
Subject: Policy Statement on Sexual Misconduct and Sexual Harassment and
Equal Opportunity/Affirmative Action University Policy Statement
Policy Statement on Sexual Misconduct and Sexual Harassment
The University of Texas at El Paso is committed to an academic and employment environment free from inappropriate conduct of a sexual nature. Sexual misconduct and sexual harassment are unprofessional behaviors. In addition, sexual harassment is a form of sex discrimination and is illegal. The University strictly prohibits and condemns such conduct and will take prompt disciplinary action against individuals who are found to have engaged in sexual misconduct and/or sexual harassment against employees and/or students.
Sexual misconduct includes sexual advances, requests for sexual favors, or verbal or physical conduct of a sexual nature.
Sexual harassment has been defined by the U.S. Equal Employment Opportunity Commission and the Texas Workforce Commission, Civil Rights Division, as interpreted by state and federal courts, in the following manner. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:
• The submission by an employee or student to such conduct is made either explicitly or implicitly a term or condition of employment or scholastic achievement.
• The submission to or rejection of such conduct by an employee or student is used as the basis for employment or scholastic decision affecting that individual.
• Such conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance or creating an intimidating, hostile, or offensive working or scholastic environment.
UTEP's sexual misconduct and harassment policy also contains a provision regarding consensual relationships. 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 the supervision of the faculty member.
• A supervisor and a person who falls under his or her supervision.
This policy is not intended to discourage the interaction of faculty and students or supervisors and employees where it is appropriate and ethical; however, it is intended to clarify that romantic or sexual relationships in the academic and employment environments often create situations that lead to sexual harassment, conflicts of interest, favoritism and low morale.
Complaints of sexual misconduct or sexual harassment should be made to the Equal Opportunity (EO) Office, Kelly Hall, Room 302. To the extent legally possible, complaints will remain confidential, and information will be provided only to those persons who must know in order to achieve a timely resolution of the complaint. Harassment and retaliation against an individual filing discrimination charges is illegal and will not be tolerated.
Equal Opportunity/Affirmative Action University Policy Statement
The University of Texas at El Paso is an Equal Opportunity/Affirmative Action Employer. The University, in the administration of its employment policies and practices, will not discriminate against employees or applicants for employment because of race, color, national origin, sex, religion, age, veteran status, sexual orientation, or disability. The University will take affirmative steps to insure that applicants are employed, and employees are treated, during employment, in a non-discriminatory manner. The University's commitment to equal opportunity principles applies to all aspects of employment, including recruitment, promotion, compensation, benefits, and training. UTEP's commitment to providing equal opportunity also applies to students, applicants for admission and other beneficiaries seeking access to our programs, facilities or services.
Our institutional commitment to these policies provides for selection procedures based upon objective, defensible qualifications; promotions based upon documented performance, merit, and potential achievement; evaluations which are accurate and unbiased; and a complaint process which is fair and equitable. In addition, the University commits itself to increased recruitment efforts to assure that qualified minorities, women, veterans, and individuals with a disability are represented in the applicant pool and are evaluated equitably by search committees or administrative personnel.
Complaints regarding impermissible discrimination should be addressed to the Equal Opportunity (EO) Office, Kelly Hall, Room 302. All inquiries will be confidential to the extent permitted by law. Individuals may be assured that they are protected from coercion, intimidation, or retaliation for filing or assisting in an investigation of a complaint of discrimination.
Responsibility for implementation rests with every member of the University community: administrative officers, deans, department chairpersons, supervisory personnel, and members of search committees.
A copy of the complaint procedure is available at the EO Office or via the web: www.admin.utep.edu/eoaa