DETERMINATION REGARDING ALLEGATIONS OF SEXUAL HARRASSMENT, SEXUAL AGAINST UTSA PRESIDENT RICARDO ROMO
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1 TO: WILLIAM MCRAVEN, CHANCELLOR FROM : TREY ATCHLEY, CHIEF INQUIRY OFFICER@ DATE: FEBRUARY 22, 2017 SUBJECT: DETERMINATION REGARDING ALLEGATIONS OF SEXUAL HARRASSMENT, SEXUAL MISCONDUCT AGAINST UTSA PRESIDENT RICARDO ROMO I. Executive Summary The University of Texas at San Antonio (UTSA) received an anonymous hotline complaint call on January 5, 2017, alleging that President Ricardo Romo (President Romo) engaged in sexual harassment against a female employee. Chancellor McRaven received an anonymous letter in the mail on January 20, 2017, alleging that President Ricardo Romo engaged in sexual harassment against a female employee. An investigation was initiated into these two complaints it was determined that was the female complainant victim in both complaints. Over the course of the investigation, ( ( ( were identified as additional victims. complained that President Romo created an uncomfortable work environment. The following information obtained during the course of the investigation supports the conclusion that President Romo engaged in sexual harassment sexual misconduct against the victims: President Romo requested frontal hugs considered the hugs to be inappropriate of a sexual nature. President Romo admitted to hugging admitted that he eventually stopped hugging her at her request. President Romo stated that the hugs with were not inappropriate were not on a regular basis. President Romo as an occasional liar. characterized President Romo requested frontal hugs. stated the hugs were disgusting, perverted that President Romo squeezed her back as tight as he could so that her chest was pressed up to his. President Romo admitted to hugging stated that he stopped hugging her when she asked him to stop when she was President Romo stated that the hugs with were not inappropriate were not on a frequent basis. President Romo characterized as a serial liar. President Romo requested frontal hugs. President Romo would pull chest to his with his hs on her back on other occasions, would pull her hips pelvis to his with his hs on her waist. President Romo stated that he hugs that she has never told him to stop. President Romo stated that the hugs with are not inappropriate. President Romo characterized as a liar. President Romo expected these employees to hug him regularly (weekly to biweekly) on special occasions. Each employee stated that they feared they could lose their job if they did not hug him. President Romo stated that the office is like a family people hug each other it is not inappropriate. Page 1 of 11
2 stated that President Romo grabbed her around her waist forcefully pulled her body into his body for a second frontal hug. This occu rred in when was a graduate student at UT Austin. Multiple witnesses stated that President Romo inappropriately inquired about the whereabouts of particularly if these employees were interacting with other men. The witnesses further stated that Romo asked about the whereabouts of these employees to the degree frequency that it made them uncomfortable at work. Other witnesses stated that President Romo told them not to tell anyone that he was asking about whereabouts. President Romo admitted to occasionally inquiring about their whereabouts, but stated it was for business purposes only. Page 2 of 11
3 Based upon my review of the evidence the statement of witnesses, I conclude that it is more likely than not that President Romo has engaged in behavior which constitutes sexual harassment sexual misconduct in violation of UTSA Hbook of Operating Procedures (HOP), Section 9.24 Regents' Rules Regulations Sexual Harassment, Sexual Misconduct, Consensual Relationships. II. Background Information A. Complaints Filed Against President Romo On January 5, 2017, UTSA received an anonymous complaint on its Hotline alleging that President Romo sexually harassed a female employee in the President's office. The complaint was forwarded by UTSA to UT System Compliance for investigation by Trey Atchley (Atchley), Chief Inquiry Officer. See Exhibit A. On January 20, 2017, an anonymous letter was received by Chancellor McRaven alleging that President Romo was stalking harassing a female employee in the President's Office. The letter was forwarded by the Chancellor's Office to UT System Compliance for investigation by Atchley. See Exhibit B. During the investigation, conduct by President Romo. made complaints of inappropriate sexual B. Alleged Violations of Policy 1. UTSA HOP Sexual Harassment Sexual Misconduct "Sexual misconduct is a form of sex discrimination will not be tolerated. As stated in the definitions, sexual misconduct includes sexual harassment, sexual violence, sexual assault, stalking, domestic violence /or dating violence. Individuals who engage in sexual misconduct other inappropriate sexual conduct will be subject to disciplinary action." Page 3of11
4 "Hostile Environment: Exists when sex-based harassment is sufficiently severe or pervasive to deny or limit the individual's ability to participate in or benefit the University's programs or activities or an employee's terms conditions of employment. A hostile environment can be created by anyone involved in a University's program or activity (e.g., administrators, faculty members, employees, students, University visitors)." "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 submission to such conduct is made either explicitly or implicitly a term or condition of a person's student status, employment, or participation in University activities; such conduct creates a Hostile Environment. Sexual Harassment is a form of sex discrimination that includes: A. Sexual violence, sexual assault, stalking, domestic violence dating violence as defined herein. B. Physical conduct, depending on the totality of the circumstances present, including frequency severity, including but not limited to: 1. unwelcome intentional touching; or 2. deliberate physical interference with or restriction of movement. C. Verbal conduct not necessary to an argument for or against the substance of any political, religious, philosophical, ideological, or academic idea, including oral, written, or symbolic expression, including but not limited to: 1. explicit or implicit propositions to engage in sexual activity; 2. gratuitous comments, jokes, questions, anecdotes or remarks of a sexual nature about clothing or bodies; 3. gratuitous remarks about sexual activities or speculation about sexual experiences; 4. persistent, unwanted sexual or romantic attention; 5. subtle or overt pressure for sexual favors; 6. exposure to sexually suggestive visual displays such as photographs, graffiti, posters, calendars or other materials; or 7. 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 Assault, Sexual Violence, Sexual Exploitation, sexual Intimidation, Sexual Harassment, Domestic Violence, Dating Violence Stalking. Sexual Misconduct can be committed by men or women, strangers of acquaintances, can occur between or among people of the same or opposite sex." Page 4of11
5 2. Regents' Rules Regulations Sexual Harassment, Sexual Misconduct, Consensual Relationships Environment- The educational working environments ofthe University of Texas System all of the institutions shall be free sexual harassment, sexual misconduct, inappropriate consensual relationships, othe r inappropriate sexual conduct. Engaging in such conduct or relationships is unprofessional unacceptable. 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 : a) Submission to such conduct is made either explicitly or implicitly a term or condition of employment, student status, or participation in University activities; or b) Such conduct is sufficiently severe or pervasive that it interferes with an individual's education, employment, or participation in University activities, or creates an objectively hostile environment; or c) Such conduct is intentionally directed towards a specific individual has the effect of unreasonably interfering with that individual's education, employment, or participation in University activities, or creating an intimidating, hostile, or offensive environment. Sexual assault, sexual exploitation, dating violence, domestic violence, stalking are behaviors that may constitute sexual harassment. Sexual Misconduct -A broad term encompassing a range of nonconsensual sexual activity or unwelcome behavior of a sexual nature. The term includes, but is not limited to, sexual assault, sexual exploitation, sexual intimidation, sexual harassment, domestic violence, dating violence, stalking. Sexual misconduct can be committed by men or women, strangers or acquaintances, can occur between or among people of the same or opposite sex. Inappropriate Consensual Relationship - A consensual sexual relationship, romantic relationship, or dating between a university faculty member or other employee any employee or student over whom the individual has any direct or indirect supervisory, teaching, evaluation, or advisory authority, unless the relationship has been reported in advance a plan to manage the conflict inherent in the relationship has been approved documented. Other Inappropriate Sexual Conduct - Includes unwelcome sexual advances, requests for sexual favors, or verbal or physical conduct of a sexual nature directed towards another individual that does n0t rise to the level of sexual harassment but is unprofessional inappropriate for the workplace or classroom. It also includes consensual sexual conduct that is unprofessional inappropriate for the workplace or classroom. See Exhibit E - UTSA Hbook of Operating Procedures {HOP), Section 9.24; Regents' Rules Regulations Sexual Harassment, Sexual Misconduct, Consensual Relationships C. Chronology of Events Page 5 of 11
6 Summer 2016 asks 10/21/2016: 01/05/2017: advised that to discuss this with is uncomfortable around President Romo were provided "On Notice" letters regarding work performance. Hotline complaint received by UTSA alleging that President Romo sexually harassed an unidentified female. 12:00-12:30p Weaver met to discuss the hotline complaint regarding President Romo. stated to Weaver that she knows who this is in the complaint "can't they just leave the man alone he is retiring in 10 months." Weaver discussed comments with Rachel Shay Maria Perez. 2:00p met with President Romo advised him that a complaint was filed against him. stated she did not disclose to President Romo that was the possible victim. Romo stated in his interview that he knew the victim was either or 01/05/2017 : met with President Romo to discuss the hotline complaint. stated in her interview that President Romo told her there was a new complaint that it was "way bad", she ( had been named as a witness that would be contacting her." 01/26/2017: 9:00a Atchley interviewed provided her information regarding the 1/5/17 hotline complaint the 1/20/17 complaint to the Chancellor. advised that she believed was the victim in the complaint. further stated that advised her, in the summer of 2016, that President Romo had an odd interest in Page 6 of11
7 also advised Atchley that were 11:00a Atchley met with advised that were involved in the hotline complaint that victim. stated that was the likely Ill. Investigative Process Trey Atchley, UT System Chief Inquiry Officer, was the lead investigator on the two complaints filed against President Romo. James Weaver, Director of Compliance at UTSA, Maria Perez, Senior Compliance Analyst, assisted in the investigation. Numerous witnesses were interviewed during the investigation. President Romo was interviewed on February 13, s between President Romo the employees were reviewed. Photographs of the employees saved on President Roma's computers were reviewed. See sample s photos attached as Exhibit F. IV. Analysis A. Sexual Misconduct & Sexual Harassment The evidence supports that it is more likely than not that President Romo engaged in sexual misconduct against approximately, against, against. The evidence further supports that President Romo engaged in sexual misconduct against in. The evidence further supports that it is more likely than not that President Romo engaged in behavior which created a hostile work environment for,. President Romo engaged in a similar pattern of sexual misconduct toward In all three situations, President Romo requested that the employees give him frontal hugs that all three were uncomfortable with. President Romo expected the employees to hug him regularly on special occasions as well. The employees feared that they could lose their jobs if they confronted him asked him to stop. The duration of this conduct lasted approximately two years to four years. Additionally, all three employees described, in varying degrees, a pattern of behavior which created, at times, an uncomfortable working environment. stated that President Romo has given her inappropriate hugs on a weekly basis. told President Romo to stop many times was told by President Romo, "You know I'm like that." Witnesses both stated they observed President Romo grab arm in public on one occasion grab her around the waste in public on a different occasion. Witness Page 7of11
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