ETH-154: SEXUAL HARASSMENT AND SEXUAL MISCONDUCT

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1 ETH-154: SEXUAL HARASSMENT AND SEXUAL MISCONDUCT CHAPTER 3: ETHICS, COMPLIANCE, AND STANDARDS OF BEHAVIOR CONTENTS Policy Rationale and Text Scope Procedures Definitions Previous Handbook Policy Related Statutes Contacts / For Further Information ADMINISTRATIVE INFORMATION Responsible Office: Office of Diversity & Inclusion and Equal Opportunity Executive Sponsor: Vice President for Community and Corporate Relations Effective Date: January 4, 2008 Last Reviewed: May 26, 2015 Revised: June 9, 2016 Next Scheduled Review: May 26, 2020 Contact: policyoffice@utsouthwestern.edu POLICY RATIONALE AND TEXT UT Southwestern is committed to ensuring that its campus environment is free from sexual harassment and sexual misconduct and other conduct of a sexual nature that is unprofessional and inappropriate for the workplace. Sexual harassment and sexual misconduct are prohibited forms of sex discrimination and will not be tolerated. UT Southwestern also prohibits retaliation against any individual who opposes sexual harassment and sexual misconduct, files a complaint of sexual harassment and sexual misconduct, or testifies for, assists in, or participates in an investigation or other proceeding of the same. UT Southwestern employees who engage in conduct prohibited by this policy are subject to disciplinary action, up to and including dismissal or non-renewal of appointment. UT Southwestern will take prompt and appropriate remedial action against any individual or organization under its control for violation of this policy. SCOPE This policy applies to all full-time, part-time, and temporary employees; individuals holding a faculty appointment; applicants for employment; and any individual participating in UT Southwestern services, programs, or activities, including but not limited to patients, visitors, volunteers, contractors, and vendors. This policy applies regardless of the gender, gender identity, or sexual orientation of either the complainant or the alleged offender. It applies to conduct regardless of whether it occurs on or off UT Southwestern property, or via telephonic or electronic means (e.g., text message, , social media, or instant messaging), if such conduct may have an adverse effect on the complainant s employment or participation in or benefit from UT Southwestern programs or activities. This policy does not apply to students, residents, or applicants to any UT Southwestern school or training program who have concerns or complaints about sexual misconduct. Those individuals should refer to EDU-116 Sex Discrimination Sexual Page 1 of 5

2 Misconduct, Harassment, and Violence and contact the Title IX Coordinator or Deputy Title IX Coordinators per EDU-116P-01 Sex Discrimination Complaint and Resolution. PROCEDURES (INCLUDING LINKS TO RELATED DOCUMENTS) Reporting Sexual Harassment and Sexual Misconduct to UT Southwestern Anyone who witnesses or is aware of any known or suspected incidents of sexual harassment or sexual misconduct is strongly encouraged to promptly report the incident to UT Southwestern. Reports may be made to the Office of Diversity & Inclusion and Equal Opportunity, Division of Equal Opportunity, or to any UT Southwestern official, administrator, or supervisor. Every UT Southwestern official, administrator, or supervisor is responsible for promptly reporting to the Division of Equal Opportunity any known or suspected incidents of sexual harassment or sexual misconduct that come to their attention. Employees who are not UT Southwestern officials, administrators, or supervisors are strongly encouraged to promptly report any known or suspected incidents of sexual harassment or sexual misconduct to the Division of Equal Opportunity. Reports should be made as soon as possible after the incident occurs. Delays in reporting can limit UT Southwestern s ability to take effective action to address violations of this policy. In no instance will any individual be required to report incidents of known or suspected sexual harassment or sexual misconduct to the alleged offender. Sexual harassment and sexual misconduct complaints by employees, individuals holding a faculty appointment, applicants for employment, and individuals participating in UT Southwestern services, programs, or activities should be submitted and will be handled in accordance with ETH-151P-01 Equal Opportunity Complaint Investigation and Resolution Procedure. In an appropriate case, UT Southwestern may take immediate or interim measures to ensure the safety and well-being of the UT Southwestern community and to maintain an environment free from sexual harassment and sexual misconduct, pending the outcome of a complaint or investigation. Sexual harassment and sexual misconduct complaints brought by students, residents, or applicants to any UT Southwestern school or training program will be handled in accordance with EDU-116P-01 Sex Discrimination Complaint and Resolution Procedures. The Title IX Coordinator or a Deputy Title IX Coordinator, the University Police, and/or the Office of Diversity & Inclusion and Equal Opportunity shall immediately ensure that the President is made aware of any reports of alleged sexual misconduct prohibited by this policy, including sexual harassment, sexual violence, sexual assault, stalking, domestic violence, or dating violence. Reporting Sexual Violence to Law Enforcement Incidents of sexual violence, including sexual assault, domestic or dating violence, stalking, and sexual exploitation that occurred on campus should be immediately reported to University Police at (emergency), (non-emergency) or via the online Report a Crime form. Page 2 of 5

3 Incidents of sexual violence occurring in other jurisdictions should be reported to the appropriate local law enforcement authority. Individuals are strongly encouraged to promptly report incidents of sexual violence to the appropriate law enforcement authority, regardless of whether the victim intends to pursue criminal charges. Victims of sexual assault are encouraged to seek immediate medical care, preserve all physical evidence, and get an appropriate medical exam, regardless of whether the victim intends to report a crime, notify the police, or press criminal charges. For additional information and resources for individuals affected by sexual violence, please refer to SEC-156 Violence on Campus and EDU-116 Sex Discrimination - Sexual Misconduct, Harassment, and Violence or contact the Office of Diversity & Inclusion and Equal Opportunity, the Title IX Coordinator, or a Deputy Title IX Coordinator. Training UT Southwestern will provide appropriate training and preventative education to employees, faculty, students, and residents regarding sexual misconduct; the application of this policy and application of EDU-116 Sex Discrimination - Sexual Misconduct, Harassment, and Violence; available complaint mechanisms and resolution procedures; and available campus and community resources. The Office of Diversity & Inclusion and Equal Opportunity, the Title IX Coordinator, and the Deputy Title IX Coordinators receive specialized training to handle sexual misconduct complaints and to assist individuals affected by sexual misconduct with accessing campus and community resources. Additional training opportunities regarding campus and personal safety and crime prevention are available by contacting University Police. DEFINITIONS Sexual Harassment unwelcome conduct of a sexual nature including but not limited to unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature, when (1) submission to such conduct is made either explicitly or implicitly a term or condition of a person's employment or participation in UT Southwestern activities; (2) such conduct is sufficiently severe or pervasive that it interferes with an individual s employment or participation in UT Southwestern activities, or creates an objectively hostile environment; or (3) such conduct is intentionally directed towards a specific individual and has the effect of unreasonably interfering with that individual s employment or participation in UT Southwestern activities, or creating a hostile environment. Sexual harassment is a form of prohibited sex discrimination that includes: A. Physical conduct, depending on the totality of the circumstances present, including frequency and severity, including but not limited to: i. unwelcome intentional touching; or ii. deliberate physical interference with or restriction of movement. B. Verbal conduct including but not limited to: i. explicit or implicit propositions to engage in sexual activity; ii. gratuitous comments, jokes, questions, anecdotes or remarks of a sexual nature about clothing or bodies; iii. gratuitous remarks about sexual activities or speculation about sexual experiences; iv. persistent, unwanted sexual or romantic attention; v. subtle or overt pressure for sexual favors; Page 3 of 5

4 C. Exposure to sexually suggestive visual displays such as photographs, graffiti, posters, calendars, or other materials; or deliberate, repeated humiliation or intimidation based upon sex. Sexual Misconduct a broad term encompassing a range of non-consensual sexual activity or unwelcome behavior of a sexual nature. The term includes, but is not limited to, sexual harassment, sexual violence, sexual assault, sexual exploitation, sexual intimidation, domestic violence, dating violence, and stalking. The term also includes unwelcome sexual advances, requests for sexual favors, or verbal or physical conduct of a sexual nature that does not rise to the level of sexual harassment but is unprofessional and inappropriate for the workplace. Sexual misconduct can be committed by men or women, strangers or acquaintances. Sexual misconduct can occur between or among people of the same or opposite sex, and even between or among consenting individuals if conduct is of a sexual nature and is unprofessional or inappropriate for the workplace. Hostile Environment sex-based harassment is sufficiently severe or pervasive to deny or limit an individual s ability to participate in UT Southwestern programs or activities or an employee s terms and conditions of employment. A hostile environment can be created by anyone involved in a UT Southwestern program or activity (e.g., administrators, faculty members, employees, students, vendors, patients and visitors). In determining whether a hostile environment exists, UT Southwestern considers the conduct in question from both a subjective and objective perspective. To conclude that conduct created or contributed to a hostile environment, the conduct must be unwelcome to the complainant and a reasonable person in the individual s position would have perceived the conduct as undesirable or offensive. Sexual Violence physical sexual acts perpetrated against a person s will or where a person is incapacitated or otherwise incapable of giving consent. The term includes, but is not limited to, rape, sexual assault, sexual battery, sexual coercion, sexual abuse, indecency with a child, and/or aggravated sexual assault. Retaliation any action adversely impacting the employment or institutional status of an individual, or in any other manner harassing or discriminating against an individual, because he or she opposed sexual misconduct, filed a complaint or charge of sexual misconduct, or testified for, assisted with, or participated in an investigation or other proceeding relating to sexual misconduct. Student for the purposes of this policy, an individual who is enrolled and in attendance at the UT Southwestern Medical School, School of Health Professions, or Graduate School of Biomedical Sciences, including postdoctoral scholars appointed to academic training positions. Resident for the purposes of this policy, any physician in any Graduate Medical Education program at UT Southwestern, including interns, residents, fellows, and subspecialty residents. PREVIOUS HANDBOOK POLICY CHAPTER AND NUMBER Sexual Harassment Policy and Procedure HR Policy Memorandum Sexual Harassment and Sexual Misconduct RELATED STATUTES, OTHER POLICIES, REQUIREMENTS, OR STANDARDS ETH-151 Equal Opportunity ETH-151P-01 Equal Opportunity Complaint Investigation and Resolution Procedure EDU-116 Sex Discrimination - Sexual Misconduct, Harassment, and Violence Page 4 of 5

5 EDU-116P-01 Sex Discrimination Complaint and Resolution Procedure SEC-156 Violence on Campus Texas Labor Code Chapter 21 Texas Family Code, Sections , Texas Family Code Section Texas Penal Code, Section Title VII of the Civil Rights Act of 1964 (As Amended) Title IX of the Education Amendments of 1972, 20 U.S.C Campus Sexual Violence Elimination Act (SaVE) Regents Rule Sexual Harassment and Misconduct and Inappropriate Consensual Relationships REVISIONS AND UPDATES June 9, 2016: Added requirement for Title IX Coordinator, University Police, and Office of Diversity & Inclusion and Equal Opportunity to inform the President of any reported incidents of sexual misconduct as defined in this policy. June 5, 2015: Revised the procedures to clarify how to report known or suspected sexual harassment or sexual misconduct to UT Southwestern. CONTACTS/FOR FURTHER INFORMATION Office of Diversity & Inclusion and Equal Opportunity Page 5 of 5