Related University Policies

AIDS

Purpose

The purpose of the policy on Acquired Immune Deficiency Syndrome (AIDS) is to address the issue of AIDS and to establish guidelines for responding to AIDS within the campus community. The University acknowledges its responsibility to promote a safe, healthy, and supportive campus community. AIDS has become a global health issue; the University addresses related campus issues in this policy statement.

Background

AIDS is a chronic progressive condition that compromises the immune system of the body leaving it susceptible to certain opportunistic infections and cancers that rarely threaten the healthy immune system. AIDS is generally a fatal disease. Since its onset in the United States, AIDS has become a public health priority. The number of AIDS-related cases has increased dramatically over the past few years. In addition, officials report that many others have been infected with the Human Immunodeficiency Virus (HIV). These HIV-positive people can transmit the virus, although they appear healthy and may be unaware of their infection.

General Policy

1. A University Committee on AIDS has been established. The committee represents the campus community and addresses relevant medical, psychosocial, legal/ethical, and administrative issues.
2. The University endorses the position of the American College Health Association that the primary responses of colleges and universities to AIDS should be educational. These services are coordinated with established mental/health personal/community health programs sponsored by the University Health Center, Counseling and Psychological Services (CAPS), Residence Halls, Human Resources, Center for Students with DisABILITIES, and other organizations.
3. Any student, faculty, staff, or administrator with a transmissible disease, including those testing HIV-positive, has an obligation to protect the welfare of others and to attempt to prevent the spread of the infection.
4. The University’s commitment to nondiscrimination applies to students, faculty, staff, and administrators identified as HIV-positive or as having an AIDS diagnosis.
5. As specific AIDS-related medical problems arise, they will be addressed on a case-by-case basis following current guidelines of the American College Health Association, the Centers for Disease Control, and the laws of the state of Texas. The University is committed to fulfilling the letter and spirit of the law as stated in the Human Immunodeficiency Virus Services Act, Senate Bill 959.
6. Information concerning AIDS-related issues relative to any member of the campus community will be handled in a sensitive manner to protect confidentiality and to prevent the misuse of such information.
7. Any person who, in the conduct of University-related business, handles blood, body fluids, and/or body tissues will follow the guidelines set forth in The Policy and Procedure for Safely Handling Blood, Body Fluids and Body Tissues.

Guidelines

1. AIDS educational literature is available at various locations including the University Health Center, Counseling and Psychological Services and Human Resources. These materials are distributed at student orientation. All references mentioned in this document will be made available in the reserve section of the M.D. Anderson Library.
2. A copy of the American College Health Association report, AIDS on the College Campus, will be made available in the reference section of the M.D. Anderson Library.
3. The University will not require HIV testing of either employees or students. Voluntary testing for HIV is performed following the guidelines of the American College Health Association.
4. If an employee or student has HIV-related concerns, that individual may consult the University Health Center, Counseling and Psychological Services (CAPS), or any other knowledgeable counselor, physician or administrator for appropriate referral or intervention. Educational programs and counseling programs will be provided on campus and/or appropriate referrals will be made to community agencies as necessary.

Computing Facilities User Guidelines

The following is a summary excerpt from the Computing Facilities User Guidelines. Complete copies of the policy can be obtained online at www.uh.edu/infotech/policies.

Introduction

The University of Houston computing facilities exist to provide computing services to the university community in support of instructional, research, and university business activities. These guidelines are intended to improve the computing services offered and provide these services in a cost-effective manner. University computing facilities are a public resource and may not be used for personal or corporate profit.

The university computing facilities service a large number of students, faculty, and staff. All users have the responsibility to use the university computing systems in an effective, efficient, ethical, and lawful manner. The ethical and legal standards that are to be maintained are derived directly from standards of common sense and common decency that apply to the use of any public resource.

Conditions of Use

As a condition of use of any computing facility, the user agrees:

1. To respect the privacy of other users; for example, users shall not intentionally seek or reveal information on, obtain copies of, or modify files, tapes, or passwords belonging to other users, or misrepresent others, unless explicitly authorized to do so by those users.
2. To respect the legal protection provided by copyright and license to programs and data; for example, users shall not make copies of a licensed computer program to avoid paying additional license fees or to share with other users.
3. To respect the intended usage for which access to computing resources was granted; for example, users shall use computing resources authorized for their use by the individuals responsible for these resources only for the purpose specified by that individual. Examples of inappropriate use may include the use of computing resources for purely recreational purposes, the production of output that is unrelated to the objectives of the project, and, in general, the use of computers simply to use computing resources.
4. To respect the integrity of computing systems; for example, users shall not intentionally develop or use programs that harass other users or infiltrate a computer or computing system and/or damage or alter the software components of a computer or computing system. Any defects discovered in system accounting or system security should be reported to the appropriate system administrator so that steps can be taken to investigate and solve the problem.
5. To respect the financial structure of a computing system; for example, users shall not intentionally develop or use any unauthorized mechanisms to alter or avoid charges levied by the University for computing services.
6. To respect the shared nature of the computing resources; for example, users shall not engage in deliberately wasteful practices such as printing large amounts of unnecessary listings, performing endless unnecessary computations, simultaneously queuing numerous batch jobs, or unnecessarily holding public workstations, magnetic tape drives, or dial-up telephone lines for long periods of time when other users are waiting for these devices.
7. To respect the rights of other users; for example, users shall not engage in private or public behavior that creates an unlawfully intimidating, hostile, or offensive environment for other users.

In addition to the above, each facility may have additional guidelines for the use of particular types of accounts (e.g., student instructional accounts), and it is the user’s responsibility to read and adhere to these additional guidelines.

Violations of Conditions of Use

In accordance with established university practices, allegations or unauthorized use of the computing facilities may also result in being charged with violations of the student disciplinary code, which could lead to expulsion from the University, termination of employment and/or legal action.

Copyrights and Copyright Infringement Laws

The U.S. Copyright Law (Title 17 U.S. Code) governs copyright infringement, which is the act of reproducing or distributing a copyrighted work without permission or legal authority of the copyright owner. Illegal downloading or uploading of music, movies, software or any substantial part of a copyrighted work without authority constitutes an infringement.

Anyone found liable for copyright infringement may be ordered to pay civil and criminal penalties. In civil court, either actual damages or “statutory” damages no less than $750 and no more than $30,000 per copyrighted work may be assessed. For “willful” infringement, a court may award up to $150,000 per copyrighted work. Willful copyright infringement can also result in criminal penalties, including federal fines and imprisonment of up to ten years per offense. For details, see Title 17, United States Code, Sections 504, 506 and Title 18, United States Code, Section 2319.

In accordance with university policy, the University of Houston will follow U.S. Copyright Law (Title 17 U.S. Code) in dealing with allegations or violations of copyright infringement. These actions may also result in being charged with violations of the student disciplinary code, which could lead to expulsion from the University, termination of employment and/or legal action by the University of Houston.

For more information about the University of Houston System Policy on the Digital Millennium Copyright Act, visit www.uh.edu/af/universityservices/policies/sam/7InfoServices/7A4.pdf.

For more information about copyrights, visit the U.S. Copyright Office at www.copyright.gov, especially their FAQ’s at www.copyright.gov/help/faq.

Drug and Alcohol Abuse Prevention Policy

The University of Houston (the “University”) prohibits the unlawful possession, use, manufacture, or distribution of illicit drugs in the workplace, on the campus, or at any University activities. Penalties for violation of this policy are indicated below.

The Dangers of Drug or Alcohol Abuse in the Workplace and on the Campus

There are many employed individuals whose job performance and productivity are adversely affected by their progressive dependence on drugs or alcohol. Much of this cost is in lost wages, health care expenses, and workers compensation. Additionally, the impact of drug use and high risk alcohol consumption for college students cannot be overlooked in terms of its cost to the individual students affected and the University. For specific information related to alcohol and other drug consumption and consequences, go to the National Institute of Drug Abuse website at www.drugabuse.gov.

1. Definitions
   The following terms are defined for the purposes of this policy and are important for purposes of expressing the University’s policy on a drug-free workplace:
   1. Controlled Substance means a controlled substance in schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812), as further defined by regulations at 21 CFR 1300.11 through 1300.15, and as defined in the Texas Controlled Substances Act (Texas Health & Safety Code, 481.001 et seq).
   2. Contract means a legal instrument reflecting a relationship between the federal government and a recipient whenever the principal purpose of the instrument is the acquisition by purchase, lease, or barter, of property or services for the direct benefit or use of the federal government; or whenever an executive agency determines in a specific instance that the use of a type of procurement contract is appropriate.
   3. Conviction means finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the federal or state criminal drug statutes.
   4. Criminal drug statute means a federal or non-federal criminal statute involving the manufacture, sale, distribution, dispensation, use, or possession of any controlled substance.
   5. Employee means an individual receiving a salary, wages, other compensation and/or stipend support from the University.
   6. Federal agency or agency means any United States executive department, military department, government corporation, government controlled corporation, or any other establishment in the executive branch (including the Executive Office of the President), or any independent regulatory agency.
   7. Grant means an award of financial assistance, including a cooperative agreement, in the form of money, or property in lieu of money, by a federal agency directly to a grantee. The term grant includes block grant and entitlement grant programs, whether or not exempted from coverage under the grants management government wide regulation (“Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments”). The term does not include technical assistance which provides services instead of money, or other assistance in the form of loans, loan guarantees, interest subsidies, insurance, or direct appropriations; or any veterans’ benefits to individuals; i.e., any benefit to veterans, their families, or survivors by virtue of the service of a veteran in the Armed Forces of the United States.
   8. Grantee means a legal entity which applies for or receives a grant or contract directly from a federal agency.
   9. Illicit drug use means the use, manufacture, sale, distribution, dispensation, or possession of illegal drugs and the abuse of other drugs and alcohol.
   10. Student means an individual registered or enrolled for credit or non-credit in a course or program offered by the University or any of its units.
   11. University activities mean an activity officially sponsored by the University.
   12. Workplace means the physical boundaries of the University and facilities owned or controlled by the University.
2. Philosophy
   The unlawful use of drugs or alcohol is inconsistent with the behavior expected of members of the University community. The University is committed to the development and maintenance of a drug-free environment on the campus as well as an environment that prohibits the abuse of other drugs and alcohol and has a drug and alcohol abuse prevention system in operation, accessible to all members of the University community. The University is committed to the further expansion of that system and the dissemination of drug awareness information to the members of the University community. In addition, the University is committed to enforcing the provisions of the Drug Free Workplace Act of 1989 and believes that these acts and their implementation regulations provide a proper framework for the drug and alcohol abuse policies of the University.
3. Health Risks
   Outlined below is a listing of drugs of abuse and their health risks taken from the U.S. Drug Enforcement Administration website. A more complete and detailed accounting may be found at their website at www.usdoj.gov/dea/pubs/abuse/chart.htm
   
   Alcohol
   
   Alcohol (beer, wine, or liquor) has a high potential for physical and psychological dependence as well as resulting in increased tolerance. Possible effects include impaired memory, slurred speech, drunken behavior, slow onset, vitamin deficiency, and organ damage. Overdose may result in vomiting, respiratory depression, loss of consciousness, and possible death. Withdrawal may include trembling, anxiety, insomnia, vitamin deficiency, confusion, hallucinations, and convulsions.
   
   Females who drink alcohol during pregnancy may give birth to infants with Fetal Alcohol Syndrome. These infants have irreversible physical abnormalities and mental retardation. In addition, research indicates that children of alcoholic parents are at greater risk than other youngsters of becoming alcoholics. Alcohol use is often related to acquaintance rape and failure to protect oneself from sexually transmitted diseases (STDs). Additionally, alcohol-related accidents are the number one cause of death in the 16- to 24-year-old age group.
   
   Narcotics
   
   Narcotics (including heroin, morphine, hydrocodone, oxycodone, codeine, and others) have a high potential for both physical and psychological dependence as well as resulting in increased tolerance. The possible effects of using narcotics include euphoria, drowsiness, respiratory depression, constricted pupils, and nausea. Overdose may result in shallow breathing, clammy skin, convulsions, coma, and death. Withdrawal may include irritability, tremors, panic, nausea, chills, and sweating.
   
   Other Depressants
   
   Other depressants (including GHB or liquid ecstasy, valium, xanax, ambien, and barbiturates) have a potential for both physical and psychological dependence as well as resulting in increased tolerance. The possible side effects include slurred speech, disorientation, appearance of intoxication, and impaired memory. Overdose may result in shallow respiration, clammy skin, dilated pupils, weak and rapid pulse, coma and possible death. Withdrawal may include anxiety, insomnia, tremors, delirium, convulsions, and possible death.
   
   Stimulants
   
   Stimulants (including cocaine, methamphetamine, and methylphenidate) have a possible risk of physical dependence and high risk for psychological dependence. Tolerance can develop in all stimulants. The possible side effects include increased alertness, excitation, euphoria, increased pulse rate and blood pressure, insomnia, and decreased appetite. Overdose may result in agitation, increased body temperature, hallucinations, convulsions, and possible death. Withdrawal may result in apathy, long periods of sleep, irritability, depression, and disorientation.
   
   Hallucinogens
   
   Hallucinogens (including MDMA, LSD, Phencyclidine, and others) are less likely to result in physical dependence, with the exception of phencyclidines and analogs, and vary in terms of psychological dependence, ranging from none to moderate (MDMA) to high (phencyclidine and analogs). Tolerance can develop. Possible effects include heightened senses, teeth grinding, and dehydration (MDMA and analogs) and hallucinations, altered perception of time and distance in other types of hallucinogens. Overdose may result in increased body temperature and cardiac arrest for MDMA and more intense episodes for LSD. Some hallucinogens may result in muscle aches and depression when in withdrawal (MDMA) or may result in drug seeking behavior.
   
   Cannabis
   
   Cannabis includes marijuana, tetrahydrocannabinol (THC), and hashish or hashish oil. All may result in moderate psychological dependence with THC resulting in physical dependence. Tolerance can develop in all forms. Possible effects include euphoria, relaxed inhibitions, increased appetite, and disorientation. Overdose may result in fatigue, paranoia, and possible psychosis. Withdrawal may occasionally result in insomnia, hyperactivity, and decreased appetite.
   
   Anabolic Steroids
   
   Anabolic Steroids (including testosterone and others) may result in psychological dependence. Less is known as to their potential for physical dependence and increased tolerance levels. Possible effects may include virilization, edema, testicular atrophy, gynecomastia, acne, and aggressive behavior. Effects of overdose are unknown. Withdrawal may possibly include depression.
   
   Inhalants
   
   Inhalants (including amyl and butyl nitrite, nitrous oxide, and others) vary in their level of psychological dependence, with less known about their potential for physical dependence and tolerance. Possible effects may include flushing, hypotension, and headache, impaired memory, slurred speech, drunken behavior, slow onset, vitamin deficiency, and organ damage. Overdose may result in methemoglobinemia, vomiting, respiratory depression, loss of consciousness, and possible death. Withdrawal may result in agitation, trembling, anxiety, insomnia, vitamin deficiency, confusion, hallucinations, and convulsions.
4. Penalties for Violation of the Policy
   The University policy prohibiting the unlawful possession, use, or distribution of illicit drugs and/or alcohol on the campus and at University-sponsored events held off campus protects and supports the employees and students of the University of Houston.
   
   Any employee admitting to or convicted of the unlawful possession, use, or distribution of illicit drugs and alcohol on the campus or at university sponsored events held off campus, will be subject to disciplinary action (up to and including termination), may be referred for prosecution, and may be required to satisfactorily participate in a drug and alcohol assistance or rehabilitation program, as agreed upon between the employee and the Department of Human Resources. Further information concerning employee penalties is available from the Department of Human Resources at 713-743-5770
   
   Any student admitting to or proven to have violated the University of Houston’s policies and procedures regarding the unlawful possession, use or distribution of illicit drugs and alcohol on campus or at university sponsored events (see the UH Student Code of Conduct http://www.uh.edu/dos/codeofconduct/index.html) will be subject to disciplinary action (up to and including expulsion), may be referred for prosecution, and may be requested to satisfactorily participate in a drug and alcohol assistance or rehabilitation program. Further information concerning student penalties is available from the Dean of Students Office at 713-743-5470. Also refer to the Dean of Students website for an outline of penalties under State and Federal law at http://www.uh.edu/dos/pdf/DrugPenalties2008.pdf.
5. Employee and Student Assistance Programs
   The University offers the following drug and alcohol abuse information, counseling, assistance and services:
   
   Information and Referral
   
   All members of the University community are eligible to consult with the professional staff of Counseling and Psychological Services (CAPS) regarding the availability of drug abuse assistance programs. Drug and alcohol abuse counseling and rehabilitation program referrals are routinely made to mutual help organizations, private hospitals, public treatment programs, and private drug treatment practitioners. CAPS also maintains a collection of resource materials pertinent to issues of drug abuse. In addition, UH Wellness, the campus wide education and prevention program, provides education and prevention on alcohol/drug abuse and related concerns for the University community and maintains a library of materials on substance use and abuse.
   
   Individual Counseling
   
   Currently enrolled students may receive an initial consultation and brief substance abuse counseling. For substance dependence issues, a referral may be made to an appropriate treatment provider. Faculty and staff are eligible for an initial consultation and referral for such services.
   
   Group Counseling
   
   There is an Alcoholics Anonymous (AA) chapter which meets on campus periodically. When unavailable on campus, referrals can be made to local AA or Narcotics Anonymous (NA) chapter meetings with the Greater Houston Community. This service is free to University of Houston students, faculty, and staff. You can also call AA Intergroup at 713-686-6300 to get a referral to an AA group meeting near you.
   
   Psycho-Educational Programs
   
   On a periodic basis, group programs focusing on the development of strengths and skills related to the effective management of drug related problem areas are offered by Counseling and Psychological Service and UH Wellness. These programs are open to University of Houston students, faculty and staff at no charge. UH Wellness offers an evidence based alcohol education intervention to student groups every semester. Additionally, a computer interactive program entitled Alcohol 101 Plus is available through UH Wellness. UH Wellness conducts exit interviews for students who complete the Marijuana 101 online workshop as a result of a disciplinary referral from the Dean of Students Office. UH Wellness also offers an approved Alcohol Education Course for Minors in Possession available to students who receive a court ordered citation or referrals from the Dean of Students Office or other campus departments.
   
   Houston Council on Alcoholism and Drug Abuse
   
   This community resource offers short-term counseling for anyone affected in any way by alcohol or other drug abuse. Trained alcohol and drug abuse counselors can help select a 12-step program (AA, Alanon, NA, Cocaine Anonymous (CA), etc.) and/or appropriate treatment. Their address is 3333 Eastside, 713-520-5502. Further information regarding these referrals may be secured from University of Houston Counseling and Psychological Services located in Room 226 of the Student Service Center, 713-743-5454.
6. Application of Policy
   The Drug and Alcohol Abuse Prevention Policy is supported by a drug-free awareness and alcohol education and prevention program available to the faculty, staff, and students of the University. Specific compliance and reporting items enumerated below (items b, c, d, and e) are applicable to all persons employed on federal contracts and grants. In support of this policy, the University:
   1. has established a drug-free and alcohol abuse awareness program to inform its faculty, staff, and students about the dangers of drug and alcohol abuse in the workplace, the University’s policy of maintaining a drug free workplace and a workplace which prohibits the illicit use of alcohol, available drug and alcohol counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug and alcohol abuse violations.
   2. will provide each student and employee a copy of this policy. In addition, all faculty, staff, and students will be notified of this policy through appropriate publications.
   3. will notify each university employee and each student that, as a condition of employment on a federal grant or contract, the person, once so employed, must abide by the terms of the policy, and must notify his/her supervisor and the Department of Human Resources of any criminal drug statue conviction for a violation occurring in the workplace no later than five (5) days after such conviction.
   4. will notify the appropriate federal agency within ten (10) days after receiving notice of criminal drug statute conviction of any university employee engaged in performance of the grant or contract.
   5. will impose sanctions on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, by any employee so convicted. Sanctions imposed on employees for violation of this policy may include suspension, suspension without pay and termination.
   6. will make a good faith effort to continue to maintain an environment that complies with the Drug-Free Workplace Act 1988 and the Drug-Free Schools and Communities Act Amendments of 1989.
   7. will conduct a biennial review of its programs to assess their effectiveness, what changes need to be made, and to ensure the uniform application of sanctions to employees and students.

Equal Education and Employment Opportunity Statement

The University of Houston is fully committed to the principle of providing equality of treatment and opportunity to all persons in an environment that appreciates and respects the diversity of the community it serves. It is University policy to prohibit discrimination in employment and educational services based on race, color, religion, national origin, sex, age, genetic information, disability, or veteran status except where such a distinction is allowed by law, and to promote the full realization of equal opportunity through an affirmative action program. Additionally, the University prohibits discrimination on the basis of sexual orientation, gender identity or gender expression. The University of Houston is pledged to support recruitment, admissions, and retention of underrepresented minority students as well as recruitment, hiring, and promotion of employees of underutilized protected classes.

It is the responsibility of all persons making University employment and educational decisions to follow this policy. The University is committed to providing the training and resources necessary to facilitate implementation of the policy. The Department of Human Resources is responsible for reviewing personnel actions in order to monitor conformance with the university’s policies and objectives. Personnel actions include, but are not limited to: recruitment, interviews, selections, promotions, demotions, transfer, reductions in force, returns from reductions in force, disciplinary actions, terminations, compensation, benefits, parental leaves, tuition assistance, and University-sponsored training and education.

The University of Houston’s official statement of Nondiscrimination is found in the introduction  of this Student Handbook. Inquiries and/or complaints regarding the University’s affirmative action and equal opportunity policies may be directed to the Office of Equal Opportunity Services at 713-743-8835.

Interim Sexual Assault Policy

Interim Sexual Assault Complaint Procedure

Sexual assault is a non-consensual sexual act involving force, manipulation, or coercion; it is an act of aggression, violence and power. The perpetrator can be a stranger, relative, acquaintance, or date. The University of Houston is committed to providing a working and learning environment free from sexual assault. A sexual assault is an illegal criminal act which can devastate victims physically, violate their sense of safety and trust, and interfere with personal and educational goals; as such, it can damage the educational atmosphere for the entire university community. Sexual assault is a serious and flagrant violation of the university rules of conduct for faculty, staff and students and will not be tolerated. The University will vigorously investigate all allegations of sexual assault; it will treat victims with respect, make their legal rights and options clear, and fully cooperate with them in their exercising of those rights. The University will continue to sponsor programs to educate faculty, staff, and students about sexual assault: myths, prevention, treatment services, legal remedies, date rape, and other forms of sexual misconduct. Procedures protecting the rights of sexual assault victims and those accused of sexual assault have been established, are readily available, and will be enforced rigorously.

Definition

A stranger or acquaintance commits sexual assault through forcible sodomy, forcible sexual penetration, however slight, of another person’s mouth, anal or genital opening with any object. These acts must be committed without the victim’s consent either by force, threat of force or violence, intimidation or through the use of the victim’s mental or physical helplessness of which the accused was aware or should have been aware. Sexual assault also includes the touching of an unwilling person’s intimate parts (defined as genitalia, groin, breast or breasts, or buttocks or clothing covering them) or forcing an unwilling person to touch another’s intimate parts. These acts must be committed either by force, threat, intimidation or through the use of the victim’s mental or physical helplessness of which the accused was aware or should have been aware.

Rape is a form of sexual assault involving sexual intercourse without the victim’s consent. It includes being coerced through force or threats of force, or having sexual intercourse with someone who is unconscious or incapable of giving consent.

Comments and Statutory References

Sexual assault is non-consensual acts involving psychological manipulation, physical force, or coercion. It is an act of aggression and violence, and a crime punishable under the laws of the State of Texas by fines and incarceration up to 20 years of confinement. The UH definition of sexual assault captures the essence of the Texas criminal definition, found in Section 22.011 of the Texas Penal Code.

The perpetrator can be a stranger, relative, acquaintance, or a date. Sexual assault is not limited to non-consensual sexual intercourse, but involves touching of various body parts without consent. Under the definition sexual assault has occurred if there is not consent. Accompanying another to a dorm or bedroom is not affirmative consent, nor is voluntary hugging or kissing affirmative consent to sexual intercourse. Voluntary undressing could indicate consent, but even such consent does not deprive the person of the right to change his or her mind and halt the activity; failure to acquiesce to the expressed desire to stop would constitute a sexual assault.

Sexual misconduct without physical contacts as defined above is not deemed sexual assault but may violate university regulations and state criminal laws. Similarly, sexual misconduct which is lewd, exhibitionistic, voyeuristic, or similar such conduct which does not involve physical contact may violate university student life policies or state and university prohibitions against sexual harassment.

If you are Sexually Assaulted

• GET TO A SAFE PLACE AS SOON AS POSSIBLE.
• TRY TO PRESERVE ALL PHYSICAL EVIDENCE.
• SEEK MEDICAL ATTENTION as soon as possible through the Student Health Center 713-743-5151. It is important to seek immediate and follow-up medical attention for several reasons:
  1. to assess and treat any physical injuries you may have sustained;
  2. to determine the risk of sexually transmitted diseases, HIV, Hepatitis B or pregnancy and to take appropriate medical measures; and
  3. to gather evidence which would aid criminal prosecution. Physical evidence should be collected immediately, ideally within the first 24 hours. It may be collected later than this, but the quality and quantity of evidence may be diminished.
• CONTACT THE UNIVERSITY OF HOUSTON POLICE DEPARTMENT at 713-743-3333 to report the criminal act. UHPD has officers specially trained to respond to the needs of victims of sexual misconduct, and to provide those victims with avenues of assistance. UHPD will facilitate the investigation and prosecution of any criminal acts.
• SEEK COUNSELING by calling Counseling and Psychological Services (CAPS) at 713-743-5454, the Women’s Resource Center at 832-842-6191, the Rape Crisis Center at 713-528-RAPE, 528-7373 or the Houston Area Women’s Center at 713-528-6798. Whenever Counseling and Psychological Services is closed, an on-call clinician can be reached through the university police dispatcher at 713-743-3333. The clinician will help explain your options, give information, and provide emotional support.
• CONTACT THE OFFICE OF AFFIRMATIVE ACTION/EEO at 713-743-8835. This office has staff specially trained in how to advise victims of sexual misconduct.
• CONTACT SOMEONE YOU TRUST to be with you for support.

Counseling and Emotional Support

Counseling and Psychological Services (CAPS) has clinicians available during working hours. Call 713-743-5454. Whenever CAPS is closed, an on-call clinician can be reached through the university police dispatcher at 713-743-3333. Sexual assault can have a significant psychological and emotional impact on a survivor. (note: last sentence deleted; redundant)

Campus Academic and Residential Accommodations

Due to the trauma associated with sexual assault the student victims may need to cease or alter campus employment, withdraw from courses, change their on-campus living arrangements, and/or leave college altogether. Such changes may require exceptions to university academic and financial policies. Staff and faculty who are victims may have the same need for a leave of absence or changes in their work environment. To enhance the feeling of safety for victims, the University will try to accommodate all reasonable requests. Requests of this nature should be directed to the Office of Affirmative Action/EEO at 713-743-8835 which will assist the victims ensuring approval from the appropriate university official. Student victims may also contact the Dean of Students Office at 713-743-5470.

If you are Accused of Sexual Assault Consider the Following Options

• CONTACT AN ATTORNEY. Accusations of sexual assault can invoke criminal and administrative processes which can lead to criminal confinement, fine and administrative sanctions including expulsion from college. Thus, a person accused of sexual assault should contact his or her attorney. If the accused has no attorney, referrals can be received from the UH Law Center clinic at 713-743-2094 or the Houston Bar Association Lawyer Referral Service at 713-237-9429.
• DO NOT TALK TO UNIVERSITY STAFF ABOUT THE FACTS SURROUNDING THE ALLEGATIONS until you have fully considered the fact that those staff persons can all be forced to testify as to what you said should there be a criminal prosecution.
• DO LEARN ABOUT THE UNIVERSITY PROCEDURES for handling allegations of sexual assault on campus through campus disciplinary procedures. This information can be acquired from several offices, in particular, the Office of Affirmative Action/EEO at 713-743-8835.

Sexual Assault Complaint Procedures

The University of Houston provides procedures by which victims may file a complaint and seek administrative sanctions against an accused perpetrator. These procedures apply where the accused is a UH student, faculty or staff member.

Sexual assault complaints directed to the Office of Affirmative Action/EEO (OAA/EEO) will be addressed utilizing the sexual harassment procedures. The sexual harassment procedures are outlined below. Allegations of student-to-student sexual assault should be directed to the Dean of Students Office. Student-to-student sexual assault complaints will be adjudicated via the Student Disciplinary Policies and Procedures . The Dean of Students Office will inform and consult with the OAA/EEO regarding student-to-student sexual assault complaints. Sexual assault complaints may defer, if necessary, to any criminal investigations.

Prevention, Educational and Awareness Programs

Date rape prevention video and workshops
Counseling and Psychological Services 713-743-5454

Substance Abuse workshops and material,
peer education and volunteer programs UH Wellness 713-743-5430 or 713-743-5430

Choices and decisions in social health
Dean of Students Orientation 713-743-5470

Safety education and brochures
UH Police Department 713-743-3333

Security escort service
UH Police Department 713-743-3333

Risk management workshops
Campus activities and Greek organizations 713-743-5180

Campus security update (monthly)
Office of University Communication 713-743-8198

Literature and information
UH Health Center 713-743-5151

Sexual harassment awareness and prevention workshops, literature and information
Office of Affirmative Action EEO 713-743-8835

Workshops, tapes and literature
Houston Area Women’s Center 713-528-6798

Sexual Harassment Policy

The President of the University of Houston has authorized an interim sexual harassment policy and procedures subject to change based on review by the Faculty Senate, Staff Council, the Student Government Association and other appropriate officials. The policy is summarized as follows:

Policy

The University of Houston is committed to providing a professional working and learning environment free from sexual harassment. Sexual harassment is a form of sex discrimination and is illegal. Sexual harassment on a university campus most often exploits a relationship between individuals of unequal power and authority (as, for example, between an employee and supervisor or between a student and teacher), but may also occur between student peers or employees of equal rank. At a university, sexual harassment also constitutes unprofessional conduct which compromises the University’s commitment to the integrity of the learning process.

As such, the University of Houston will not tolerate any form of sexual harassment. Failure to investigate allegations of sexual harassment or failure to take timely corrective action is considered a violation of the University’s sexual harassment policy and may also violate federal and state laws.

Definition

Sexual harassment consists of the following:

1. unwelcome sexual advances,
2. requests for sexual favors,
3. verbal and written comments of a sexual nature, and/or
4. physical conduct of a sexual nature;

when such conduct:

1. Is made, either explicitly or implicitly, a term or condition of instruction, employment, or participation in a university activity;
2. Is used to be a basis for evaluation in making academic or personnel decisions affecting an individual; or
3. Has the effect of creating an intimidating, hostile, or offensive university environment; or has the purpose or effect of substantially interfering with an individual’s employment or learning.

In relation to the foregoing statements, sexually harassing behavior may include, but is not limited to, the following:

1. unwelcome sexual flirtations, advances, propositions, or leering; favoritism based on a sexual relationship (or adverse impact on other members of a group);
2. verbal remarks of a sexual nature whether directed to an individual or a group, or in the guise of humor, including sexually explicit derogatory remarks, suggestive comments, demands, or jokes found to be offensive or objectionable to the recipient;
3. use of sexually oriented photos, posters, cartoons, materials, or themes unrelated to instruction and/or the pursuit of knowledge;
4. graphic or degrading verbal, written, or electronic comments of a sexual nature about an individual or the individual’s appearance;
5. any suggestive or unwelcome physical contact; any aggressiveness such as touching, pinching, or patting; or
6. actual or threatened physical assault

Sexual harassment, it must be understood, is not limited by gender of either party, nor by superior-subordinate relationships. The fact that the parties may have had a previous consensual sexual relationship is not a defense against a complaint based on subsequent unwelcome sexually harassing behavior.

The University of Houston’s Sexual Harassment Policy does not proscribe all conduct of a sexual nature on the campus; thus, it is important to clearly define sexual harassment: only unwelcome sexual conduct constitutes a violation. Conduct is unwelcome if the recipient did not solicit or incite it and regarded the conduct as undesirable or offensive. In other words, it is not the intent behind the sexual behavior that controls rather, it is the impact on the recipient, i.e., the unwelcomeness of the behavior that matters.

Reporting Sexual Harassment

If a student believes that he/she or someone else is a victim of sexual harassment, that student should inform an academic office and/or the Office of Affirmative Action/EEO immediately. The Office of Affirmative Action/EEO is located in Student Service Building II, Suite 154, 713-743-8835.

University Action

The University is prepared to take preventive and corrective action in cases of sexual harassment; individuals who engage in such misconduct and/or retaliation are subject to appropriate disciplinary action, up to and including termination of employment, removal of tenure and/or expulsion from the University.

Responsibility of University Employees

University policy commits the institution to preventing and eliminating sexual harassment in the university community. University supervisors, administrators, and faculty have the responsibility of preventing and eliminating sexual harassment within the areas they oversee. In addition, the University may be legally liable if a person with supervisory responsibility knows or should have known about the alleged sexual harassment and fails to take any action to stop it. University procedures do not require a grievant to file a formal complaint in order to trigger the University’s responsibility to take some kind of action.

University supervisors, administrators, and faculty must report immediately any and all incidents or complaints of sexual harassment to an administrative officer or to the Office of Affirmative Action/EOS, even if such complaints or incidents have been resolved within the department.

University employees are encouraged to report immediately any and all incidents of sexual harassment to an administrative officer or to the Office of Affirmative Action/EOS.

References

Harassment on the basis of sex may be discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000e, and Title IX of the Educational Amendments of 1972, 20 U.S.C. Sec. 1681. In addition, sexual harassment by a public servant may be a criminal offense under Texas Penal Code Sec. 39.02, and sexual harassment by any individual may constitute assault, sexual assault, public lewdness, or indecent exposure under Chapters 21 and 22 of the Texas Penal Code or sexual assault under the University of Houston’s Interim Sexual Assault Policy. For the complete Sexual Harassment Policy, please visit the Office of Affirmative Action/EOS’s website at www.uh.edu/ogc/oaa/aaeeo-policies.html or call 713-743-8835.

Additional avenues for filing a complaint at any time before, during, or after use of the University Sexual Harassment Procedures, but within time limits required by law, include but are not limited to, the Equal Employment Opportunity Commission; the Texas Workforce Commission Civil Rights Division, the Office of Federal Contract Compliance Programs and, for students, the Office of Civil Rights, and the U.S. Department of Education.

Residential Halls Policy

Students who live in the University of Houston residential facilities neither lose the rights, nor escape the duties and responsibilities, of a citizen in an educational community. Residents should become familiar with the policies and regulations governing the residence halls, provided by Residence Hall staff.

Security Sensitive Positions Policy

In accordance with the University of Houston Security Sensitive Positions Policy (MAPP 2.03.05), a criminal history record investigation will be conducted for student workers in certain security sensitive positions. Failure to successfully pass the criminal history record investigation or falsification of the Authorization to Conduct a Criminal History Record Investigation form may result in disqualification from employment or termination. For more information, contact Human Resources at 713-743-3988.

Smoking Policy

Effective June 1, 2013, the University of Houston is designated as a tobacco-free campus. The use of all tobacco products is prohibited in university buildings and on university grounds, including parking areas, sidewalks, walkways, university-affiliated parking facilities and university-owned buildings, except in temporary designated tobacco-use areas.

The tobacco-free campus policy is part of the university’s commitment to creating a healthy and sustainable environment for all members of the UH community, and is designed to be positive and health-directed. The university is not requiring faculty, staff and students to quit using tobacco products, but does expect the policy to be adhered to by all individuals on university property.

Enforcement of the policy will be achieved primarily through education, awareness and a spirit of cooperation.

Tobacco users are expected to adhere to the policy and be respectful to ex-tobacco users and non-tobacco users. Individuals noticing violations of the policy should strive to be non-confrontational and respectful to tobacco users when communicating this policy.

Designated tobacco-use locations have been established on the main UH campus and at the Energy Research Park. The designated tobacco-use areas will be available for a minimum of 12 months from the date of policy enactment. Tobacco cessation services and/or referrals are available to assist students and employees who wish to stop using tobacco products.

In summary, the new tobacco-use policy:

• Activates new tobacco cessation screenings, services and referrals for UH students and employees who want to quit;
• Prohibits the use, sale, advertising and sampling of all tobacco products on the UH Main Campus and the Energy Research Park, including all buildings, vehicles, grounds, sidewalks and parking areas owned or operated by UH;
• Includes a phase-in period of not less than 12 months, during which designated tobacco-use areas will be available. The ongoing need for any or all designated tobacco-use areas will be reviewed annually, with the possibility of continued existence for 12-month intervals at a time.
• Effective implementation relies on the courtesy, respect and cooperation of all members of the UH community. If someone is seen using tobacco on university property outside a designated tobacco use area, any member of the UH community may inform the tobacco user of the policy and request that he/she comply. Individuals who are reported to the Tobacco Task Force for non-compliance will receive a message reminding them of the policy, and the availability of tobacco cessation services. There are no plans at this time to issue citations or fines, or to report anyone to his or her supervisor.

In a broader sense, the tobacco-free policy is another benefit of attending or working for a Tier One-designated university. Other benefits include reduced fire hazards and cleaner campus grounds.

For more information regarding the Tobacco-Free Campus Policy, go to: http://www.uh.edu/policies/tobaccofree

Sexual Misconduct Policy

What is the University’s Sexual Misconduct Policy?

The Sexual Misconduct Policy seeks to eliminate sexual misconduct from happening, prevent its recurrence and address its effects. This is done through education, training and serious consequences for violation of the Policy. The Policy can be found at http://www.uh.edu/af/universityservices/policies/sam/1GenAdmin/ID8.pdf

What is Sexual Misconduct?

Sexual misconduct encompasses non-consensual sexual activity or unwelcome behavior of a sexual nature such as sexual assault, sexual exploitation, sexual intimidation, sexual harassment, domestic violence, dating violence and stalking.

What is Coogs Get Consent?

Consent is agreeing to an action based on your knowledge of what that action involves, the consequences of that action and having the option of saying no. In a sexual situation, consent works the same way - before engaging in a specific sexual activity, an agreement must be made between the partners. For more information go to: http://www.coogsgetconsent.org

Drugs and Alcohol

Alcohol and other drugs can lower inhibitions and create an atmosphere of confusion over whether consent is freely given.

Forms of Sexual Misconduct

Sexual Assault

Sexual assault is any form of non-consensual sexual act1v1ty. Examples include sexual intercourse and oral sex. Survivors of sexual assault can be either men or women.

In the event this happens to you, go to Coogs Get Consent to find specific information for dealing with this crisis.

Sexual Exploitation

Sexual exploitation is when someone takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit or to benefit anyone other than the one being exploited. Examples include non-consensual electronically recording, photographing or transmitting intimate or sexual utterances, sounds or images without the knowledge and consent of all parties involved and voyeurism (spying on others who are in intimate or sexual situations).

Sexual Intimidation

Sexual intimidation involves threatening another with a non-consensual sex act such as engaging in indecent exposure.

Sexual Harassment

Sexual harassment includes verbal, written or physical behavior of a sexual nature, directed at someone, or against a particular group, because of that person’s or group’s sex, or based on gender stereotypes. It also includes unwelcome sexual advances, requests for sexual favors, and any other physical or verbal conduct of a sexual nature. Examples include pressuring another to engage in sexual behavior for some educational or employment benefit and persistent unwelcome efforts to develop a romantic or sexual relationship.

Domestic Violence

Domestic violence is a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner.

Dating Violence

Dating violence is a violent act committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.

Stalking

Stalking is a pattern of repeated and unwanted attention, harassment, contact or any other course of conduct directed at a specific person that would cause a reasonable person to feel fear.

Bystander Intervention

One of the most effective methods of preventing sexual assault is bystander intervention. Some people might be concerned that they are being encouraged to place themselves in jeopardy to stop crimes in progress. This is not the case. There are many situations that occur prior to Sexual Misconduct that are appropriate for intervention. Bystander intervention encourages people to watch for those behaviors and situations that appear to be inappropriate, coercive and harassing.

Ways to Intervene

• Making up an excuse to get a person out of a potentially dangerous situation;
• Letting an individual know that his/her actions may lead to serious consequences;
• Not leaving a person’s side who may be in trouble despite the efforts of someone else to get him/her alone or away from you;
• Using a group of friends to remind someone behaving inappropriately that his/her behavior should be respectful;
• Taking steps to curb someone’s use of alcohol before problems occur;
• Calling the authorities when the situation warrants.

What If This Happens To YOU!

Below is a listing of places to report Sexual Misconduct.

University Police
www.uh.edu/police
713.743.3333

EMERGENCY 911

Office of Equal Opportunity Services
(to seek accommodations or file an internal complaint)
eos@uh.edu
713.743.8835

Dean of Students Office
www.uh.edu/dos
832.842.6183

For Confidential or Anonymous Reporting

Campus crisis counselors can provide safe and confidential support, explain common reactions to crises, and discuss coping methods that may assist immediately following the assault and later. A victim (or any individual who has information about an incident of alleged sexual misconduct) may submit a report through a secure web-based reporting system called MySafeCampus, which allows the option of anonymity. Link: www.mysafecampus.com

Counseling and Psychological Services (CAPS)
www.caps.uh.edu
713.743 .5454

University of Houston Health Center
www.uh.edu/healthcenter
713.743.5151

See the Sexual Misconduct Policy and Coogs Get Consent for additional resources and all student rights regarding sexual misconduct.