08.01.01. R0.01 Civil Rights Compliance
Procedure
Approved: March 12, 2010
Revised: October 3, 2012
Next Scheduled Review: October 3, 2017
Procedure Statement
Texas A&M University-Commerce will provide equal opportunity to all employees, students,
applicants for employment and the public regardless of race, color, religion, sex, national origin,
disability, age, genetic information or veteran status.
Reason for Procedure
This procedure provides guidance in complying with local, state and federal civil rights laws and
regulations as directed by The A&M University System (A&M System) Policy 08.01, Section 3.2
and Regulation 08.01.01, Section 4.3.
Procedures and Responsibilities
1. RESPONSIBILITIES
1.1 The President has the primary responsibility for ensuring compliance with civil rights
laws and regulations, including but not limited to the prohibition of discrimination, sexual
harassment and related retaliation based on race, color, religion, sex, national origin,
disability, age, genetic information or veteran status.
2. RESPONSIBILITIES OF ALL EMPLOYEES
2.1 All employees are responsible for ensuring their work and educational environments are
free from illegal discrimination, sexual harassment and related retaliation. When alleged
or suspected discrimination, sexual harassment or retaliation is experienced or observed
by or made known to an employee, the employee is responsible for reporting that
information as outlined in Section 3.
2.2 All employees are responsible for complying with state law requiring training on
equal opportunity and nondiscrimination within thirty (30) days of hire and every two (2)
years thereafter.
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3. PROCEDURES
3.1 Any employee or student who believes that he or she has been subjected to
discrimination, sexual harassment and/or related retaliation should promptly report the
incident(s) to his or her supervisor, a university administrator, or the Office of
Institutional Diversity & Equity. A third party (including, but not limited to, anyone
receiving services from the university, vendors and private business associates) should
promptly report the incident(s) involving an employee or student to the Office of
Institutional Diversity & Equity. Timelines for filing complaints are found in A&M
System Regulation 08.01.01.
3.2 An employee or student is not required to report discrimination, sexual harassment, or
related retaliation to a direct supervisor or to the alleged offender. The alleged offense
may instead be reported to a supervisor, administrator, or the Office of Institutional
Diversity & Equity. Complaints against a staff or faculty member filed with a supervisor
or administrator should be sent expeditiously to the Office of Institutional Diversity and
Equity. A complaint against a student shall be directed to the Assistant Vice President
and Dean of Campus Life and Student Development, who will appoint an investigating
authority.
3.3 The Office of Institutional Diversity & Equity will receive complaints against staff and
faculty members and will appoint an investigative authority within five (5) business days
of receipt. With regard to complaints filed against faculty members, the Office of
Institutional Diversity & Equity will notify the Provost and Vice President for Academic
Affairs, appropriate college dean and department chair, who will notify the faculty
member concerned. The investigative authority will review each complaint, interview
witnesses if applicable, review related documentation, and provide a report on the merits
of the complaint for review by the Chief Diversity Officer and Director of Equal
Opportunity within fifteen (15) business days of receipt of the complaint, unless unusual
circumstances require more time. Extensions should not be for more than fifteen (15)
additional business days. Any further extensions require the approval of the President.
The Chief Diversity Officer and Director of Equal Opportunity will submit the
investigation report and a summary of its review in writing to the President. The report
and decision by the President will be provided to the complainant, respondent(s), and the
complainant’s and respondents’ supervisor and department head(s) within five (5)
business days after receiving the investigative authority’s report, unless unusual
circumstances request additional time. This will be the final decision regarding the merits
of the complaint and cannot be appealed.
3.4 Any employee disciplined pursuant to this regulation may appeal that action in
accordance with 32.01.02 Complaint and Appeal Process for Nonfaculty Employees,
32.01.01 Complaint and Appeal Procedures for Faculty Members, and/or other
procedures as appropriate. Should the CEO decide to dismiss a faculty member for
cause, A&M System Policy 12.01 Academic Freedom, Responsibility, and Tenure and
A&M-Commerce policy 12.01.99.R0.01 Academic Freedom, Tenure, Promotion, and
Post Tenure Review shall be followed. Any student disciplined pursuant to this regulation
may appeal the action in accordance with the procedure for student grievances.
3.5 Complaints Against Students
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3.5.01 The investigating authority appointed by the Assistant Vice President and
Dean of Campus Life and Student Development will provide a statement of
findings and copies of relevant documents to the Assistant Vice President and
Dean of Campus Life and Student Development within fifteen (15) business
days after being assigned the complaint, unless unusual circumstances require
more time. The Assistant Vice President and Dean of Campus Life and
Student Development, in consultation with the Office of Institutional
Diversity & Equity, will determine if disciplinary action is appropriate.
3.5.02 Student employees are considered students for the purpose of these
procedures. The Assistant Vice President and Dean of Campus Life and
Student Development shall notify the alleged offender and the complainant
regarding resolution of the complaint, including any sanctions, within ten (10)
business days of the receipt of the investigating authority’s findings, unless
unusual circumstances require more time. If the incidence of discrimination,
sexual harassment, and/or related retaliation is job-related, the Assistant Vice
President and Dean of Campus Life and Student Development will notify the
student worker’s supervisor.
3.5.03 Graduate Assistants— teaching and persons holding a post-doctoral teaching
appointment will be considered faculty for the purpose of these procedures.
3.5.04 Graduate Assistants—Non-teaching and persons holding post-doctoral nonteaching appointments are considered non-faculty employees for the purpose
of these procedures.
5. REMEDIAL ACTION
Action or sanctions to stop the alleged discriminatory or harassing behavior will not
result in any disadvantage or inconvenience to the alleged victim. Solutions or remedies
will be through actions directed to the alleged offender.
Related Statutes, Policies, or Requirements
The Equal Pay Act of 1963
Title VII of The Civil Rights Act of 1964, as amended
The Age Discrimination in Employment Act of 1967
Title IX of The Education Amendments of 1972
The Rehabilitation Act Amendments of 1973, as amended
The Americans with Disabilities Act of 1990, as amended
The Genetic Information Nondiscrimination Act of 2008
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Executive Order 11246, as amended, Office of Federal Contract Compliance Programs
Texas Labor Code, Chapter 21, Employment Discrimination
System Policy 08.01 Civil Rights Protections and Compliance
System Regulation 08.01.01 Civil Rights Compliance
System Policy 12.01 Academic Freedom, Responsibility, and Tenure
System Regulation 32.01.01 Complaint and Appeal Procedure for Faculty Members
System Regulation 32.01.02 Complaint and Appeal Process for Non-faculty Employees
University Procedure 12.01.99.R0.01 Academic Freedom, Tenure, Promotion and Post Tenure
Review
University Rule 08.01.01.R1 Civil Rights Compliance has been superseded
Contact Office
Office of Institutional Diversity & Equity
(903)886-5004
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