/Institutions/University-of-Texas-Southwestern-Medical-Center/json/2022-2023/General-local.json

/Institutions/University-of-Texas-Southwestern-Medical-Center/json/2022-2023/General.json

Policies Against Discrimination

Policies Against Discrimination

In accordance with federal and state law, no person shall be excluded from participation in, denied the benefits of, or be subject to discrimination or harassment under any educational program or activity sponsored or conducted by UT Southwestern on the basis of race, color, religion, national origin, sex, sexual orientation, gender identity, gender expression, age, disability, genetic information, citizenship status, or veteran status. UT Southwestern is also committed to ensuring that its campus environment is free from other Sexual Misconduct that is unprofessional and inappropriate for the educational environment. Other Sexual Misconduct may include but is not limited to: a) unwelcome sexual advances including explicit or implicit proposition(s) of sexual contact or activity; b) requests for sexual favors; c) gratuitous comments about an individual's sexual activities; d) gratuitous comments, jokes or questions of a sexual nature about physical appearance; e) unwanted sexual or romantic attention; f) exposure to sexually suggestive material such as photographs, emails, or websites: g) humiliation or intimidation on the basis of sex; h) unwelcoming touching of a sexual nature; i) deliberate physical interference with or restriction of movement; or j) sexual exploitation. Sexual misconduct that is consensual (e.g., telling sexual jokes or stories between willing participants who are not offended) may violate policy if such behavior is inappropriate in the academic medical center setting. 

To maintain an educational environment free from discrimination and harassment and to ensure UT Southwestern can promptly and appropriately respond, students are encouraged to report complaints alleging discrimination, harassment, or Other Sexual Misconduct and seek a resolution through use of UT Southwestern’s internal policies and procedures.  Retaliation is strictly prohibited. Students will not be penalized in any way for bringing complaints of discrimination or for participating in an investigation. Complaints of retaliation should be submitted in accordance with the procedure outlined below.  To the extent possible, and in accordance with applicable law and UT Southwestern policy, student discrimination, harassment, Other Sexual Misconduct, and retaliation complaints will be treated as confidential.

A student who has a complaint concerning Title IX Sexual Harassment should contact the Title IX Coordinator in accordance with ETH-153 Sexual Harassment: Formal Grievance Policy.  Title IX Sexual Harassment means: 1) an employee conditioning the provision of an aid, benefit or service of UT Southwestern on an individual’s participation in unwelcome sexual conduct; 2) unwelcome conduct that is so severe, pervasive and objectively offensive that it effectively denies a person equal access to UT Southwestern’s education programs or activities; or 3) sexual assault, dating violence, domestic violence, or stalking as defined by Title IX. All UT Southwestern employees (except certain Confidential Employees as defined by policy) are required to report incidents of domestic/dating violence, sexual assault, sexual harassment, and stalking committed by or against a UT Southwestern employee or student to a Title IX Coordinator.  Refer to ETH-154 Sexual Misconduct and Sexual Harassment for a complete description of employee reporting requirements. More information about UT Southwestern’s Title IX Program, including reporting options, training and other resources, can be found at https://www.utsouthwestern.edu/about-us/title-ix/.

Discrimination Complaint and Resolution Procedure

Any student who experienced Other Sexual Misconduct or who feels discriminated against or harassed on the basis of race, color, religion, national origin, sex, sexual orientation, gender identity, gender expression, age, disability, genetic information, citizenship status, or veteran status should submit a complaint to the Office of Institutional Equity & Access.  Students are encouraged to submit a complaint using the Data Intake Form on the Office of Institutional Equity & Access website - UTSouthwestern.edu/equity-access. Complaints may also be submitted via email to EqualOpportunity@UTSouthwestern.edu.   The complaint should include a statement setting out the known details of the alleged discriminatory conduct; name and contact information of the complainant; names of the respondent and any witnesses; relevant documents or other evidence; and, the resolution sought. 

Complaints may be resolved via the informal resolution process or the formal investigation process.  The Office of Institutional Equity & Access will conduct a preliminary assessment of all complaints to determine whether informal resolution or formal investigation is appropriate. 

Informal Resolution

Informal resolution may be appropriate when the alleged conduct is not serious or repetitive and disciplinary action is not required. No formal investigation is involved in the informal resolution process.  A request for informal resolution may be made to the Office of Institutional Equity & Access for a determination whether the complaint is eligible for informal resolution.

Strategies for informal resolution may include, but are not limited to: coordinating with the Office of Student Diversity and Inclusion to assist with mediating the dispute between the parties; modifying the environment in which the incident occurred; assisting a department or program with the resolution of a real or perceived problem; arranging a documented meeting with the respondent that involves a discussion of the applicable university policy and the perceived conduct; or, if all parties are willing, the Office of Institutional Equity & Access may arrange for a facilitator to help resolve the problem through a facilitated conversation or other restorative process.

The informal resolution process should be completed within 30 days.  The Office of Institutional Equity & Access shall document any informal resolution and all documentation will be kept confidential and retained in accordance with applicable law and UT Southwestern policy.

Formal Investigation

1. If the Office of Institutional Equity & Access determines a formal investigation of a complaint is appropriate, it will promptly appoint an investigator and issue a written notice to the complainant and respondent.
2. The investigator will interview the complainant, respondent and any other persons who may have relevant information. The investigator will also gather and examine relevant documentary or electronic evidence.
3. Investigations should be completed within 60 days of receipt of a complaint. If an investigation will take longer than 60 days, the investigator will notify the complainant and respondent and provide an estimated date of completion.
4. Findings of fact will be based on a preponderance of the evidence standard, which means based on the greater weight of the credible evidence it is more likely than not a particular fact occurred. The investigator may also consider the context of the conduct; the conduct’s severity and frequency; and whether the conduct was physically threatening, humiliating, or simply offensive in nature to a reasonable person.
5. The investigator will prepare a final report that summarizes the investigation conducted, the factual findings, the investigator’s determination, and any recommendations. The final report will be submitted to the Assistant Vice President of Institutional Equity & Access.
6. The Assistant Vice President of Institutional Equity & Access, or designee, will review the final report and submit a written determination to the complainant and respondent within 14 days of receipt of the final report.

 

Appeal

If a student is not satisfied with the outcome of a formal investigation, the student may appeal in writing to the Executive Vice President for Academic Affairs within 10 calendar days. The appeal should specify the basis for the appeal, why the individual believes the decision should be changed, and the requested resolution. The Executive Vice President for Academic Affairs may appoint a designee to review the appeal and make a recommendation.  The Executive Vice President for Academic Affairs will issue a written decision within 30 calendar days. This decision is final with respect to all issues covered by this policy.

Once the formal investigation process (including any appeal) is complete, the Assistant Vice President of Institutional Equity & Access, or designee, will review the investigation, the findings and any recommendations with the Dean’s Office of the applicable school.  Any disciplinary actions for violation of this policy will follow the applicable UT Southwestern procedure (e.g., EDU-151P-01 Procedures for Student Discipline, EMP-351 Discipline and Dismissal of Classified Employees).   

All education records and personally identifiable information related to complaints, informal resolutions, formal investigations, and appeals under this policy will be maintained in accordance with EDU-201 Student Rights Under the Family Educational Rights and Privacy Act (FERPA).