Sexual Misconduct Policy – Faculty are MANDATORY Reporters
FACULTY ARE MANDATORY REPORTERS for anything that might fall under the UH Sexual Misconduct Policy. Faculty are not invited to exercise their discretion.
If faculty see something that might fall under the policy, they MUST report in a timely fashion and let the University sort it all out. The penalties for lack of reporting, or not reporting in a timely fashion, are very severe and not at the discretion of the University. The penalty to faculty is TERMINATION, irrespective of tenure status. Strong language and emphasis is being used here to convey the seriousness of the matter as well as the seriousness of the requirement to report it.
The requirements in the UH Sexual Misconduct Policy are mandated by Texas state statutes (SB212 and HB1735) as passed in the most recent session, as well as federal law. The purpose of this article is to make faculty aware of this important and alarming issue, and to provide information on how to address it. There will undoubtedly be a new battery of Title IX training sessions in the near future.
The UH Equal Opportunity Services page on the UH Sexual Misconduct Policy provides the following information: “Sexual misconduct is a broad range of behavior that includes but is not limited to sexual harassment, sexual assault, non-consensual sexual contact, sexual exploitation, intimate partner violence (domestic and dating violence), and stalking.” Faculty are invited to read the full UH policy in order to gain a deeper and more detailed understanding of the policy and background information.
How to Initiate a Report
In order to initiate a report, go here and click ‘Create a Report’ near the bottom of the page or call 713-743-8835. You are advised not to investigate but rather to refer the student to file a report, to seek counseling, and/or to call the UH or Houston police, as they choose. Do not forget to file a report yourself even if the student informed you that they will do so.
Include Information in Course Syllabi
Faculty are encouraged to include material in their syllabi that contains information about the policy and that discloses to the students that you are a MANDATORY reporter. Students should be made aware that if you see or hear something that may fall under the policy that you are REQUIRED to file a report. The student can choose not to cooperate and/or to provide whatever information they choose, but faculty do not have those options.
Sample Syllabus Language
The University of Houston System (UHS) including UH Main seek to provide an educational environment free from sex discrimination, including non-consensual sexual contact, sexual assault, sexual harassment, interpersonal violence, and stalking.
We encourage you to report any sexual misconduct to the UH Title IX Coordinator by phone (713-743-8835) or by clicking the ‘Sexual Misconduct Reporting and Awareness’ link at the bottom of all UH webpages. If you report any sexual misconduct to me or if I see or overhear something that may fall under the policy, I am absolutely REQUIRED to share that information with our Title IX Coordinator.
For more information about the UH Sexual Misconduct policy, and counseling and support resources available to you, go to the UH Title IX Website.
References and Resources
- UH Title IX office: www.uh.edu/legal-affairs/equal-opportunity/titleIX-sexual-misconduct/, 713-743-8835
- How to Report: Click www.uh.edu/sexual-misconduct-reporting-form/ and click ‘Create a Report’ near the bottom of the page
- UH Policy on Sexual Misconduct: www.uhsystem.edu/compliance-ethics/_docs/sam/01/1d8.pdf
- State Statute SB212: legiscan.com/TX/text/SB212/id/2025353/Texas-2019-SB212-Enrolled.html
- State Statute HB1735: legiscan.com/TX/text/HB1735/id/2027778/Texas-2019-HB1735-Enrolled.html
- UH Legal: www.uh.edu/legal-affairs/, 713-743-0949
- UH Police: 713-743-3333