The University of Texas at Brownsville and Texas Southmost College

IV.  UNIVERSITY POLICIES

The following rules and regulations are summaries of only a few rules that are highlighted for your information.  The full text of all rules and regulations that pertain to students at UTB/TSC can be found in the Handbook of Operating Procedures (HOOP) and in the UT System’s Regents Rules.  The Web site for the HOOP is http://ntmain.utb.edu/iperez/TOFCONTS.htm and the UT System’s Regents Rules is http://www.utsystem.edu/bor/tocrrr.htm. 

Equal Employment Opportunity and Affirmative Action

To the extent provided by applicable law, no person shall be excluded from participation in, denied the benefits of, or be subject to discrimination under any program or activity sponsored or conducted by UTB/TSC on the basis of race, color, national origin, religion, sex, age, veteran status, or disability.

Sexual Harassment Policy

UTB/TSC is committed to providing a professional working and learning environment free from sexual harassment. Sexual harassment has been declared a form of sex discrimination under Title VII of the Civil Rights Act of 1964, and Title IX of the Civil Rights Act of 1972 and the Texas Commission on Human Rights Act. UTB/TSC maintains a strict policy prohibiting unlawful harassment of any kind, including sexual harassment. Any person who engages in such conduct will be subject to disciplinary action, including termination.

Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, verbal and written comments, or physical conduct of a sexual nature that may constitute sexual harassment when such conduct:

1. is made, either explicitly or implicitly, a term or condition of instruction, employment, participation in a university activity, or

2. is used to be a basis for evaluation in making academic or personnel decisions affecting an individual, or

3. creates an intimidating, hostile, or offensive university environment. 

4. In addition to the above conditions, sexual harassment may include but is not limited to:

• Unwelcome sexual flirtations, advances or propositions.

• Remarks of a sexual nature (whether directed to an individual or a group, including sexually explicit or offensive jokes.)

• Graphic or degrading verbal or written comments of a sexual nature about an individual or the individual’s appearance.

• Suggestive or unwelcome physical contact.

• Physical assault.

Sexual harassment is not limited by gender of either party, or by superior-subordinate relationships. This policy is applicable to all employees, faculty and students of UTB/TSC.

All sexual harassment complaints are filed with the Office of the Vice President for Business Affairs, located at Tandy Hall 109. The office will forward such complaint, if it is of an informal nature, to the appropriate person.

Consensual Relationships

The policy concerning consensual relationships is found in the HOOP 3.5. This policy prohibits consensual amorous or sexual relationships between faculty or staff members in positions of authority with their subordinates or their students.  Reporting inappropriate consensual relationships that do not contain clear elements of sexual harassment should follow university policies and procedures normally used in dealing with misconduct of faculty and staff.

Sexual Offense

Complaints involving sexual assault that are not of a sexual harassment nature are reported to Campus Police, the Brownsville Police Department, or the Office of the Vice President for Student Affairs. Services such as pre-complaint counseling are available for students in the Counseling Center.

Acquired Immune Deficiency Syndrome (AIDS), Human Immunodeficiency Virus Infection (HIV), and Hepatitis B Virus (HBV)

1. The existence of HIV or HBV infection should not be considered admissions decisions unless current scientific information indicates required academic activities may expose others to risk of transmission.

2. A student with HIV or HBV infection should be allowed to attend all classes without restrictions, as long as the student is physically and   mentally able to participate, perform assigned work, and poses no health risk to others.

3. A person with HIV or HBV infection should not be denied access to the institution because of HIV or HBV infection.

4. Unless otherwise authorized or required by law, no HIV test should be performed without informed consent of the person tested.

5. Except where release is required or authorized by law, information concerning the HIV status of students and any portion of a medical record will be kept confidential and will not be released without written consent.

6. No student will be denied benefits, have their benefits reduced or otherwise be subject to impermissible discrimination under a health benefits plan offered through the University on the basis of a positive HIV test result.

7. An educational pamphlet developed by The Texas Department of Health about methods of transmission and prevention of HIV    infection and other educational information concerning HIV infection is available at the office of Student Health Services.

8. UTB/TSC has a policy on HIV, AIDS, and HBV infection, which is available from the Student Health Services Office upon request.

Grievances, Academic Grade Appeals

Course grade grievances must be initiated by contacting the instructor or individual with whom the grievance arose within 30 days. An effort to resolve the matter informally should be made. If the student is not satisfied with the decision, the student may appeal in writing within 21 days to the Chair of the Department from which the grade was issued. Disputes not  satisfactorily resolved within 21 days may be appealed in writing to the School or College Dean who will render the final decision.

Grievances, Academic Other Than Grade Appeals

In attempting to resolve any student grievance, it is the obligation of the student first to make a serious effort to resolve the matter with the individual with whom the grievance originated. Grievances are appealed in a timely manner to the Department Chair, the Dean, and the Vice President for Academic Affairs. If the matter remains unresolved at this level, the student may make a final appeal to the President. Appeals must be submitted in writing.

Grievances, Non-Academic

In attempting to resolve any student grievance, it is the obligation of the student first to make a serious effort to resolve the matter with the individual with whom the grievance originated. Non-academic grievances are appealed in a timely manner to the Department Chair or Office Director, the Dean if appropriate, then to the Vice President for Academic Affairs, Vice President for Student Affairs, or Vice President for Business Affairs. If the matter remains unresolved at this level, the student may make a final appeal to  the President. Appeals must be submitted in writing.

Grievance Procedures: Academic-Related Matters

• Contact faculty member directly involved

• If unresolved, contact Department Chair

• If unresolved, contact Academic Dean of the College or School

• If unresolved, contact the Vice President for Academic Affairs

• If unresolved, contact the President of UTB/TSC

Grievance Procedures: Non-Academic-Related Matters

• Contact director directly involved

• If unresolved, contact the Dean of Students

• If unresolved, contact the Vice President for Student Affairs

• If unresolved, contact the President of UTB/TSC

Hazing Policy

Hazing in state educational institutions is prohibited by both state law (Sections 51.936 and 37.151 et seq, Texas Education Code) and by the Regent’s Rules and Regulations (Part One, Chapter VI, Section 3.28). Individuals or organizations engaging in hazing could be subject to fines and charged with criminal offenses. Additionally, the law does not affect, or in any way restrict, the right of the University to enforce its own rules against hazing.

A person commits an offense if the person:

1. engages in hazing.

2. solicits, encourages, directs, aids or attempts to aid another engaging in hazing,

3. recklessly permits hazing to occur, or

4. has firsthand knowledge of the planning of a specific hazing incident involving a student in an educational institution, or has firsthand knowledge that a specific hazing incident has occurred, and knowingly fails to report that knowledge in writing to the Dean of Students or other appropriate official of the institution.

Alcohol and Drugs

The University will not tolerate any use or abuse of illegal drugs or alcohol on campus or at a University-sponsored activity or program. (The President may grant special permission for alcohol to be served for some activities.) Alleged violators will be subject to related local, state and federal laws, as well as University policies and be subject to disciplinary action. In addition, the University reserves the right to contact a student’s parents (for students under the age of 21), without the consent of the student, for violations of drugs and alcohol.