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office of Institutional Compliance

Definitions of types of discrimination

Discrimination: including harassment, is defined as conduct directed at a specific individual or a group of identifiable individuals that subjects the individual or group to treatment that adversely affects their employment or education on account of race, color, sex, religion, national origin, age, disability, citizenship, veteran status, gender identity/expression or sexual orientation.

Harassment: as a form of discrimination, is defined as verbal or physical conduct that is directed at an individual or group because of race, color, sex, religion, national origin, age, disability, citizenship, veteran status, gender identity/expression or sexual orientation when such conduct is sufficiently severe, pervasive or persistent so as to have the purpose or effect of interfering with an individual's or group's academic or work performance; or of creating a hostile academic or work environment. Constitutionally protected expression cannot be considered harassment under this policy.

Sex Discrimination: Behavior or action that denies or limits a person's ability to benefit from, fully participate in educational programs or activities or employment opportunities because of a person's sex. Examples of the types of discrimination that are covered under Title IX include, but are not limited to, sexual misconduct, sexual harassment, sexual violence, failure to provide equal opportunity in educational programs and co-curricular programs including athletics, discrimination based on pregnancy, and employment discrimination.

Sexual Harassment: Is a form of sex discrimination and includes:

  1. Any criminal offense under the Texas Penal Code of a sexual nature, including rape, sexual assault, sexual battery, sexual coercion, or other acts of sexual violence; and
  2. Unwelcome sexual advances, requests for sexual favors, verbal or physical conduct of a sexual nature when:
    1. submission to such conduct is made either explicitly or implicitly a term or condition of employment, student status or participation in TAMUCT activities; or
    2. submission to or rejection of such conduct is used as a basis for evaluation in making personnel or academic decisions affecting that individual; or
    3. such conduct is sufficiently severe or pervasive that it substantially interferes with an individual's education, employment, or participation in TAMUCT activities, or creates an objectively hostile environment; or
    4. such conduct is intentionally directed towards a specific individual and has the effect of unreasonably interfering with that individual's education, employment, or participation in TAMUCT activities.
  3. Conduct can be prohibited sexual harassment regardless of the gender of the complainant or the alleged harasser.
  4. Examples of behavior that could be considered sexual harassment include but are not limited to:
    1. Rape, sexual assault, sexual battery, sexual coercion, or other acts of sexual violence;
    2. Physical contact of a sexual nature including touching, patting, hugging, or brushing against a person's body;
    3. Explicit or implicit propositions or offers to engage in sexual activity;
    4. Comments of a sexual nature including sexually explicit statements, questions, jokes or anecdotes; remarks of a sexual nature about a person's clothing or body; remarks about sexual activity; speculation about sexual experience;
    5. Exposure to sexually oriented graffiti, pictures, posters, or materials; and/or
    6. Physical interference with or restriction of an individual's movements.

Sexual Misconduct: A range of behaviors including sexual harassment, sexual violence, unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that (a) is sufficiently severe, persistent, or pervasive to limit a student's ability to participate in or benefit from an education program or to create a hostile or abusive educational environment, or (b) explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment.

Gender Discrimination or Gender Harassment: Includes discrimination or verbal/ physical harassment which is based on the person's gender but which is not sexual in nature. TAMUCT's procedures prohibit gender-based harassment, which may include discrimination or sexual misconduct on the basis of sexual orientation, gender identity or gender expression, and harassment or discrimination on the basis of sex-stereotyping.

Reporting Fraud, Waste, or Abuse

Employees of the A&M System are required to report factual information regarding fraudulent, wasteful, or abusive activities that may involve the System or any of its members. To report such activities, employees can call the A&M System Risk & Misconduct Hotline at 1-888-501-3850 or submit a report via the Internet at the System's Risk & Misconduct hotline. Employees can also call the State Auditor's Office at 1-800-892-8348 or submit a report via the internet at http://sao.fraud.state.tx.us/

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