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Faculty Handbook

Appendix VIII—Sexual Harassment

Sexual Harassment

Section D.34.01 of The Texas A&M University System Policies and Regulations Manual (SPRM), February 27, 1995

Contact for interpretation: associate vice chancellor for human resources

It is the policy of The Texas A&M University System that the employment and educational environment of all A&M System members should be free from all forms of adverse discrimination and harassment, including sexual harassment. Conduct constituting sexual harassment is hereby specifically prohibited and will result in appropriate sanctions.

Definition

Sexual harassment means unwelcome sexual advances, requests for sexual favors or other verbal, visual or physical conduct of a sexual nature, submission to which is made a condition of a person’s exercise or enjoyment of any right, privilege or immunity, either explicitly or implicitly.

In relation to the foregoing, sexual harassment may range from unthinking and often unintentional verbal denigration of a person on the basis of gender to actual physical assault. Some examples that may constitute sexual harassment are offensive sexual flirtations, advances or pressure for sexual activity; unwanted touching, pinching or unnecessary brushes; unwanted exposure to sexual graffiti, photographs or suggestive objects; sexual innuendoes or statements made at inappropriate times or disguised as humor, or obscene gestures; disparaging remarks about one’s gender; or any offensive or abusive physical contact.

Conduct, whether on or off A&M System property, will constitute sexual harassment when:

  1. submission to, or toleration of, such conduct is made (either explicitly or implicitly) a term or condition of employment or participation in other A&M System-related activities;
  2. submission to or rejection of such conduct by an individual is used as a basis for employment decisions or academically related decisions affecting such individual; or,
  3. such conduct has the purpose or effect of unreasonably interfering with an individual’s ability to function normally, or of creating an intimidating, hostile or offensive environment.

Responsibility

The chief executive officer of each member of the A&M System is responsible for the effective implementation of this policy in the respective A&M System member.

Supervisors, in any capacity, including academic areas, should be aware that it is their responsibility to prevent or correct any such conduct among those they supervise.

Procedures

In order to deal promptly and fairly with charges of sexual harassment and to protect the rights and dignity of all individuals involved, [faculty who feel they are victims of sexual harassment should contact the provost/vice president for academic affairs]. Such procedures shall facilitate and encourage reporting and shall assure timely investigation, resolution and appropriate sanctions against persons found to have violated this policy. Complainants should know that the reporting of allegations of sexual harassment is a very serious matter and that steps will be taken to resolve complaints.

Retaliation Prohibited

Retaliation action of any kind is prohibited when taken against a witness or other person providing testimony or against the complainant seeking redress under the applicable procedures dealing with sexual harassment. Such retaliatory action shall be regarded as a separate and distinct cause of complaint.

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