Complaint and Investigation Procedures
Overview of Affirmative Action: Policies & Complaint Procedures
Policy Against Sexual Harassment & Complaint Procedure
For more information, please call the Compliance Office at 593-4758.
AFFIRMATIVE ACTION: POLICIES & COMPLAINT PROCEDURES
Texas A&M University-Kingsville Statement of Policy and Intent represents our commitment to equal employment and educational opportunity. In conformance with federal and state law and university policy we are guided by the principle that there shall be no difference in the treatment of individuals because of race, color, religion, national origin, sex, age, disability, veteran status. Equal opportunity and access to programs shall be available to all members of the university community, both students and employed personnel at every level, and to all units, facilities, and services of the university.
In the employment of all personnel, the university recognizes that, as a public agency, it has a further commitment: it is obligated to support federal and state policies which seek to achieve equal opportunity in employment for members of underrepresented groups, women, individuals with disabilities, and Vietnam era and disabled veterans. As used in this document, underrepresented groups will include African-American, Hispanic, Asian, Hawaiian/Pacific Islander, American Indian/Alaskan Native. Two important concepts are embodied in equal employment opportunity:
- Affirmative Action
Affirmative action requires more than employment neutrality. It requires Texas A&M University-Kingsville to make efforts to recruit, employ, retain, and promote qualified women, members of underrepresented groups, individuals with disabilities, and Vietnam era and disabled veterans. The affirmative action concept requires positive action to insure against perpetuation of benign neutrality in employment practices.
Equal Employment Opportunity
Compliance with Laws
Through the policies and programs set forth in the Affirmative Action Plan, the university undertakes to comply fully with all federal, state, and local laws relating to educational opportunity, equal employment opportunity, and affirmative action.
Responsibility for Implementation
It is the responsibility of every member of the university community—employees, students, and all who use the facilities of the university—to become familiar with the provisions of the university Affirmative Action Program.
Overall responsibility for implementation of the affirmative action plan is delegated by the president to vice presidents, deans, directors, and department chairs, each of whom is responsible for the equal opportunity program within his or her respective unit.
Their responsibilities include, but are not necessarily limited to, the following:
- Overall programmatic responsibility to assure that all employment practices of the university are conducted in a manner which does not discriminate unlawfully.
- Overall direction of the university's Affirmative Action Plan within their colleges, divisions, and departments.
- Maintenance of central personnel and related records in a manner facilitating achievement of the goals of the Affirmative Action Plan. All records should be kept for the current year and three previous years.
Director of Compliance
The full-time position of Director of Compliance will be maintained.
The Director of Compliance shall have immediate responsibility for implementation of the Affirmative Action Plan and for such related duties.
It is recognized that to some extent achievement of equitable distribution of underrepresented group members and women throughout all job classifications in the university, as projected in goals and timetables, will be the result of initial assignments, subsequent transfers, promotions, and possible training. All such appointments shall be made in accordance with affirmative action and equal opportunity concepts and policies and subject to review by the Compliance Office.
University employment benefits will be formulated and administered without discrimination.
Dissemination of Statement
This Affirmative Action Statement will be treated as a public document. One or more copies will be kept on file in the university library and made available to any interested person upon request. All external recruitment sources used by the University will be notified that the Texas A&M University-Kingsville is an equal opportunity/affirmative action employer.
Equal Employment Opportunity
Compliance with Laws
The university reaffirms its policy of administering all educational programs, related supporting services, and benefits in a manner which does not discriminate on grounds of any factor prohibited by law in providing any educational or other benefits or services of Texas A&M University-Kingsville.
The university is committed to the proposition that the proportions of underrepresented group members and women in its student population should assure their adequate representation in careers of their choice and where their potential contribution has not been realized. The university is also committed to the identification and elimination of any discrimination in the provision of educational and related services and to the establishment of procedures which will assure equal treatment and educational benefits.
University Sanctioned Organizations (Proposed)
All organizations, unless legally exempt, in order to be sanctioned by the university, will be required to submit to the Vice President of Student Services an annual statement of nondiscriminatory intent and practice.
Treatment of Students
Grievance procedures shall be provided to students for individual acts of unlawful discrimination, including discriminatory academic evaluation by faculty or administrative personnel in the teacher/student relationship and otherwise. Such acts include, but are not limited to, defamatory statements made by faculty members in class, or by other employees in the course of their work, which demean or insult individuals because of their race, sex, national origin, disability, or otherwise covered characteristic.
In performing its mission, Texas A&M University-Kingsville resolves to reflect and respect the rich ethnic and cultural diversity as well as the pattern of gender of the citizens of Texas in its academic programs and in the composition of its faculty, administration and student body.
Nondiscrimination in Off-Campus Programs
In keeping with our Statement of Policy and Intent, the University must keep in mind and ensure the inclusion of all off-campus programs and activities. Programs or activities that the university does not operate but which are required components of educational or employment programs are subject to the Affirmative Action and Equal Employment Opportunity policy. The university can be held liable in instances where discrimination occurs against students or employees in such related programs.
Employees and students, while functioning in their university-associated roles, must also be protected from discriminatory acts (including sexual harassment) from vendors, subcontractors, and other non-university employees or students.
Provisions for Individuals with Disabilities and Vietnam Era and Disabled Veterans
The university does not discriminate on the basis of disability or veteran status. It is the policy of Texas A&M University-Kingsville to provide equal opportunity in employment and to take affirmative action to employ and advance in employment qualified individuals with disabilities, disabled veterans, and Vietnam era veterans.
Texas A&M University-Kingsville does not discriminate on the basis of disability against a qualified individual with a disability in regard to:
- Recruitment, advertising, and job application procedures
- Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right of return from layoff, and rehiring
- Rates of pay or any other form of compensation and changes in compensation
- Job assignments, job classifications, organizational structures; position descriptions, lines of progression, and seniority lists
- Leave of absence, sick leave, or any other leave
- Fringe benefits available by virtue of employment, whether or not administered by the covered entity
- Selection and financial support for training, including: Apprenticeships, professional meetings, conferences, and other related activities, and selection for leaves of absence to pursue training
- Activities sponsored by covered entity including social and recreational programs
- Any other term, condition, or privilege of employment.*
Consideration of Qualifications
Texas A&M University-Kingsville reviews all personnel practices to determine whether present procedures assure careful, thorough and systematic consideration of job qualifications of known disabled veterans, Vietnam era veterans and applicants with disabilities for vacancies filled by hiring or promotion, and for all training opportunities offered or available. The University assures that only the portion of veteran's military records relevant to the specific job applied for shall be considered in determining qualifications. Appropriate and required records will be maintained.
Bona Fide Occupational Qualifications
Texas A&M University-Kingsville all physical and mental job requirements to insure that no requirements tend to screen out qualified, disabled veterans and other individuals with disabilities, and that all requirements are job related and consistent with business necessity and safe performance of the job.
Texas A&M University-Kingsville will make reasonable accommodations to individuals with disabilities when necessary to employ, advance in employment, provide access to training and participate in university activities. Reasonable accommodations may include modification of the work site, special aids or devices relevant to performance of the job, modification of job tasks when such modification does not substantially change the job duties or requirements, and providing flexibility in working hours or schedules when possible to allow qualified individuals with disabilities equal opportunity to jobs, training, advancement and activities, to the extent that such accommodations do not adversely affect the operation of the university.
It is the policy of Texas A&M University-Kingsville, that the sexual harassment of students, employees and users of university facilities is unacceptable and prohibited. This stance is consistent with the university's efforts to maintain equal employment opportunity, equal educational opportunity, non-discrimination in program services, use of facilities, and the affirmative action program. The Compliance Office publishes a policy that gives detailed information about sexual harassment. These are available in the Compliance Office and other offices across campus.
Sexual harassment is the introduction of sexual activities or comments into the work or learning situation. Oftentimes, sexual harassment involves relationships of unequal power and contains elements of coercion—as when compliance with requests for sexual favors becomes a criterion for granting work, study, or grading benefits. However, sexual harassment may also involve relationships among equals, as when repeated sexual advances or demeaning verbal behavior have a harmful effect on a person's ability to study or work.
For general policy purposes, sexual harassment may be described as sexual advances, requests for sexual favors, and other physical conduct and expressive behavior of a sexual nature when: (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or education; (2) submission to or rejection of such conduct by an individual is used as the basis for academic or employment decisions affecting that individual; or (3) such conduct has the purpose or effect of interfering with an individual's academic or professional performance or creating an intimidating, hostile or demeaning employment or educational environment.
In keeping with this policy, Texas A&M University-Kingsville is undertaking an education and prevention plan of action to protect employees, students, and users of university facilities from sexual harassment and to rid the university of such conduct.
Anyone subjected to suspected sexual harassment should contact the Compliance Office at Texas A&M University-Kingsville. Contacts are confidential. Sexual harassment grievances will be handled according to the procedure summarized below.
Consulting with the Compliance Office
You can consult at any time with the Compliance Office. We can help you determine whether your complaint constitutes alleged discrimination or refer you to the proper place if it is not a discrimination complaint.
Request for Intervention
You may ask the Compliance Office to make someone aware of behavior that you find offensive by making a request for intervention. If this does not resolve your complaint, you may use the other procedures listed below.
Filing Complaints of Discrimination
You can file an informal complaint with the Compliance Office. It will help you in trying to resolve your problem with the person alleged to have discriminated against you. The office will contact only people you give permission to contact.
If attempts to resolve the complaint informally are unsuccessful, or if you or the Director of the Compliance Office believe an informal complaint is inappropriate, you may file a formal complaint. A formal complaint needs to be filed in the Compliance Office, Lewis Hall, Room 130, (361) 593-4758. It must be filed within 180 days of the discovery of the alleged discrimination, and within 10 days of any unsuccessful attempts to solve the problem at the department level.
Notification of the Respondent
Within five (5) working days, the Compliance Office will notify the person you have identified as allegedly discriminating against you and inform them of the allegations. The person you identify in the complaint has five (5) working days to respond, in writing, to the Compliance Office. Additional time to respond can be requested.
Mediation or Investigation
If you want to meet with the respondent and our office to try to solve the problem through mediation, our office will attempt to initiate.
If mediation resolves the complaint, a copy of the outcome will be given to the appropriate administrator.
If the complaint is not mediated to resolution, the Compliance Office has 30 days to investigate the complaint; however, some investigations may take longer depending on circumstances surrounding the investigation. Both the complainant and respondent may submit names of individuals to be interviewed as witnesses. An investigation report will be prepared and submitted to the appropriate appointing authority (CEO or appropriate assignee), who may: (1) dismiss the charge; (2) affirm the charge; or (3) take corrective action as required. The complainant and the Compliance Office shall be notified of any action to be taken.
If a completed investigation results in a disciplinary action, a person may dispute the action taken through their normal appeal procedures as set forth in TAMUK's policies.
If a person is unhappy with an outcome of an investigation, they have the right to seek advice or remedy though external agencies.
The Compliance Office regularly disseminates information concerning:
- Policies and programs as set forth in the Affirmative Action Plan
- Americans with Disabilities Act
- Sexual Harassment Prevention
- Complaint procedures
For more information or copies of brochures, please contact:
The Compliance Office
TAMUK MSC 221
Lewis Hall, Rooms 130
We are here to serve all faculty, staff, and students
Texas A&M University-Kingsville is committed to Equal Employment Opportunity/Affirmative Action in recruitment of its students and employees and does not discriminate on the basis of race, color, religion, sex, age, national origin, veteran status, physical or mental disability. Texas A&M University-Kingsville employs only United States citizens and aliens lawfully authorized to work in the United States.
* Americans with Disabilities Act of 1990, 42 U.S.C., 1630.4, Discrimination Prohibited.
This page was last updated on: May 06, 2011