Civil Rights Compliance

Approved August 5, 2016

Revised August 14, 2020
Revised August 11, 2022

Next Scheduled Review: August 11, 2027

Supplements System Regulation 08.01.01

Rule Summary

The Texas A&M Engineering Experiment Station (TEES) will provide equal opportunity to all employees, applicants for employment, and the public. All complaints, appeals, or reports of discrimination received by TEES will be appropriately reviewed and addressed in accordance with this rule and The Texas A&M University System (System) Regulation 08.01.01, Civil Rights Compliance.

This rule in conjunction with System Regulation 08.01.01 establishes standards for the receipt and processing of reports, complaints, formal complaints, investigations, adjudication, appeals, and use of informal resolution in cases involving allegations of discrimination based on a protected class, including complaints made by employees, students, and/or third parties.

Procedures and Responsibilities

TEES will respond to inappropriate employee conduct that does not constitute discrimination under this rule through applicable procedures, rules, and/or System policies or regulations.

Refer to A&M System Regulation 08.01.01, Civil Rights Compliance, for applicable definitions.

1. DESIGNATION OF RESPONSIBILITIES

• • 1.1 – The Assistant Vice President and Title IX Coordinator for Texas A&M University (TAMU) has (1) primary responsibility for ensuring compliance with civil rights laws and related System policies for TEES and (2) has been designated as the person responsible for overseeing the civil rights protections program for TEES. The Assistant Vice President and Chief Title IX Coordinator will also serve as TEES’s Title IX Coordinator.
  • 1.2 – Texas A&M University’s Office of Civil Rights and Equity Investigations will receive and resolve all complaints involving discrimination, harassment, retaliation, and complicity involving a TEES employee or third-party respondent(s). Reports that an employee or third-party has engaged in conduct prohibited by this rule should be made to:

Ms. Jennifer Smith
Assistant Vice President and Title IX Coordinator
Department of Civil Rights and Equity Investigations (CREI)
1268 TAMU, College Station, TX 77843
202 Olsen Blvd, Suite 007
(979) 458-8167
Email: [email protected]
Website reporting form: titleix.tamu.edu

• • 1.3 – Anonymous complaints may be submitted through the Risk, Fraud and Misconduct Hotline. Anonymous reports usually limit the University’s ability to respond to or resolve an allegation.
  • 1.4 – All TEES employees involved in the administration of civil rights complaints will complete annual training in accordance with the requirements established by the System Ethics and Compliance Office (SECO).
  • 1.5 – TEES will comply with all required notification and reporting processes as specified in System Regulation 08.01.01, Civil Rights Compliance.

2. RESPONSIBILITIES OF ALL EMPLOYEES

• • 2.1 – All TEES employees are mandatory reporters except for those expressly exempted in Section 2 of A&M System Regulation 08.01.01, Civil Rights Compliance. When alleged or suspected discrimination is experienced by or made known to an employee in the course and scope of their employment, the employee is responsible for promptly reporting all known information as outlined in section 4.1 of the System Regulation.
  • 2.2 – Employees who become aware of prohibited conduct should advise the reporter (1) that they cannot keep reports of prohibited conduct confidential, and (2) that they are required to report the prohibited conduct.
  • 2.3 – An employee’s failure to report alleged or suspected discrimination, harassment, retaliation, or complicity may result in disciplinary action, including termination of employment.
  • 2.4 – All employees must cooperate fully with those performing an investigation pursuant to this rule and System Regulation 08.01.01. Retaliation as defined in System Regulation 08.01.01 is prohibited.
  • 2.5 – All employees are responsible for complying with state law requiring System training on equal opportunity and nondiscrimination within 30 days of hire and every two (2) years thereafter.

3. RESPONSIBILITIES OF THE SYSTEM ETHICS AND COMPLIANCE OFFICE (SECO)

• • If a complaint is submitted against the Agency Director, or an employee who reports directly to the Agency Director, or against the Title IX Coordinator, SECO is designated by System Regulation 08.01.01 to receive, review, investigate, and adjudicate the complaint.

4. CIVIL RIGHTS COMPLAINT PROCESSING

• • 4.1 – Complaints TAMU CREI is responsible for (1) receiving all mandatory reports, (2) intaking all complaints or reports (complaints) of potential violation of civil rights complaints, and (3) ensuring that all investigation processes are followed in accordance with System Regulation 08.01.01.
  • 4.2 – Investigations and Adjudications
    • 4.2.1 – TAMU CREI will review each complaint to determine if there is sufficient information to proceed with an investigation, or if additional information is needed. All investigation processes will be conducted in accordance with System Regulation 08.01.01.
    • 4.2.2 – TAMU CREI is responsible for designating an Investigative Authority.
    • 4.2.3 – Unprofessional behavior by an employee which does not rise to the level of a civil rights violation will be referred to the employee’s supervisor.
  • 4.3 – Decisions
    The Designated Administrator will render a written decision on each complaint in accordance with System Regulation 08.01.01.
  • 4.4 – Sanctions
    • 4.4.1 – If the Designated Administrator determines there is sufficient evidence based on a preponderance of the evidence to find the Respondent violated System Regulation 08.01.01, an unredacted copy of the investigation report will be provided to the Executive Director of Engineering Human Resources.
    • 4.4.2 – Employee sanctioning decisions are made by the Executive Director of Engineering Human Resources and appropriate TEES leadership, in consultation with the System Office of General Counsel (OGC), per System Regulation 08.01.01.
    • 4.4.3 – When an employee is found to have sexually harassed or engaged in sex-based misconduct of another member of the System community (as defined by System Regulation 08.01.01), the sanction will be termination of employment.
  • 4.5 – Appeals
    • 4.5.1 – Appeals of decision and/or sanctions are permitted only under the terms specified by System Regulation 08.01.01, Civil Rights Compliance.
    • 4.5.2 – The Agency Director or designee will serve as the appellate authority unless the Agency Director is the Respondent, or the Respondent reports directly to the Agency Director, in which case the appeal will be directed to the Deputy Director.
    • 4.5.3 – For Appeals of cases where all parties are TEES employees: An appeal of allegations of sex discrimination or sex-based misconduct must be submitted in writing to Engineering Human Resources within five (5) business days of receipt of notification of the decision. An appeal of allegations of discrimination not based on sex is filed with Engineering Human Resources in accordance with the timelines contained in System Regulation 32.01.02, Complaint and Appeal Process for Nonfaculty Employees.
    • 4.5.4 – For Appeals of cases which involve one or more parties who are not employed by TEES: Appeals will follow the process outlined in 08.01.01.
  • 4.6 – Informal Resolutions
    • 4.6.1 – At any time prior to the determination of a final decision, parties may seek informal resolution to resolve the complaint in accordance with System Regulation 08.01.01, except under circumstances outlined in section 4.6.2 below.
    • 4.6.2 – TEES may not offer an informal resolution process in sex-based complaints unless a formal complaint is filed and may not offer or facilitate an informal resolution process to resolve allegations that an employee sexually harassed a student.

Related Statutes, Policies, or Requirements

System Policy 08.01, Civil Rights Protections and Compliance

System Regulation 08.01.01, Civil Rights Compliance