Rule 30105: Sexual Harassment, Sexual Misconduct, and Consensual Relationships

1.  Title

Sexual Harassment, Sexual Misconduct, and Consensual Relationships

2.  Rule and Regulation

Sec. 1  Environment.  The educational and working environments of The University of Texas System and all of the institutions shall be free from sexual harassment, sexual misconduct, inappropriate consensual relationships, and other inappropriate sexual conduct, as defined by U. T. Systemwide model policies referenced below. Engaging in such conduct or relationships is unprofessional and unacceptable.

Sec. 2  Adoption of Policies. 

2.1  Adoption of Sexual Misconduct Policies.   Each U. T. institution and U. T. System Administration shall adopt policies and procedures prohibiting sexual harassment, sexual misconduct, and other inappropriate sexual conduct, in compliance with federal and state law, including Texas Education Code Section 51.282. The policies must be in substantial compliance with model policies and procedures promulgated by the U. T. System Office of Systemwide Compliance as approved by the Board of Regents. The Office of Systemwide Compliance must review the model policies each biennium and submit any substantive changes to the Board for approval. If substantive changes to the model policy are approved by the Board, each institution must adopt those substantive changes in its policies. Additional substantive changes to an institution’s policy that were not approved by the Board in the model policy must be submitted to the Board for approval following review and approval by the Offices of Systemwide Compliance and General Counsel.

2.2  Adoption of Consensual Relationship Policies. Each U. T. institution and U. T. System Administration shall adopt policies and procedures regarding consensual relationships that are consistent with federal and state law and in compliance with the model policy promulgated by the Office of General Counsel.

Sec. 3  Publication of Policies.  The institution's policies and procedures must be published through the institution's website on a web page dedicated solely to the policy through the institution's website and in the institution's Handbook of Operating Procedures after review and approval by the appropriate Executive Vice Chancellor and the Board.

3.  Definitions

None

4.  Relevant Federal and State Statutes 

Equal Employment Opportunity Commission, Guidelines on Discrimination Because of Sex (defining sexual harassment), 29 Code of Federal Regulations Section 1604.11(a) 
Texas Penal Code Ann. Section 39.03 – Official Oppression 
Texas Education Code Section 51.282 – Policy on Sexual Harassment 
Campus Sexual Violence Elimination Act (SaVE Act), Pub. L. No. 113-4, Section 304, 127 Stat. 89 (2013) 

5.  Relevant System Policies, Procedures, and Forms 

The University of Texas Systemwide Policy UTS 105, Sexual Orientation Nondiscrimination Policy 
The University of Texas Systemwide Policy UTS 184, Consensual Relationships 
The University of Texas System HOP 3.7.1, Sexual Harassment and Misconduct 
Sexual Misconduct, U. T. System Office of Compliance Model Policy
Consensual Relationships, U. T. System Office of General Counsel Model Policy

6.  Who Should Know 

Employees 

7.  System Administration Office(s) Responsible for Rule 

Office of Academic Affairs 
Office of Health Affairs 
Office of General Counsel 
Office of Human Resources 
Office of Systemwide Compliance

8.  Dates Approved or Amended 

Regents’ Rules Revision History 

9.  Contact Information 

Questions or comments regarding this Rule should be directed to: 
•  bor@utsystem.edu