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General Counsel

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Policy on Retaliation
Adopted by the Board of Regents on June 14, 2002

1. Policy

It is the policy of Texas Southern University that positive employee relations and morale can best be achieved and maintained in an environment that promotes ongoing open communication between administration, staff, faculty, and students, including open and candid discussions of problems and concerns. The University encourages staff, faculty and students to express their issues, concerns or opinions without fear of retaliation or reprisal. Therefore, the University wishes to make clear that it considers acts or threats of retaliation to constitute a serious violation of University policy.

Retaliation is any action that has the effect of punishing a person for engaging in a legally protected activity, such as alleging discrimination, making a discrimination or harassment complaint, or assisting in a discrimination or harassment investigation. The EEOC has determined that there three essential elements of a retaliation claim: 1) engaging in a legally protected activity, 2) an adverse employment action, such as suspension, demotion, or termination and, 3) a causal connection between engaging in the protected activity and the adverse employment action. Other examples of adverse employment actions include but are not limited to harassment, intimidation, threats or coercion.

Retaliation against any person who seeks assistance from the Offices of General Counsel, Internal Audit, Institutional Compliance or Human Resources, or who files a claim of discrimination, including sexual harassment, is prohibited. Direct or indirect retaliation against anyone who, in good faith, raises or points out compliance-related violations or issues is also prohibited. There shall be no retaliation against any participant or witness in an investigation of a complaint, grievance or compliance violation. Any employee who retaliates against a fellow employee or a student in violation of the law and/or this policy is subject to disciplinary action, up to and including termination of employment.

2. Procedures

All administrators, managers and faculty should take proactive measures to assure staff or students that the University encourages the reporting of problems and prohibits retaliation or reprisal for reporting such problems. Allegations of retaliation will be investigated pursuant to the University’s Retaliation Investigation Procedures. Any employee who is found to have retaliated against a fellow employee or a student in violation of the law and/or this policy is subject to disciplinary action in accordance with the University’s Discipline and Termination Policy, up to and including termination of employment.

An employee who has a complaint of retaliation by anyone at work, including any supervisor, co-worker, or visitor, should report such conduct to his or her supervisor. In addition, the employee should report the retaliation to the University’s Employment Compliance Manager. If the complaint involves the employee’s supervisor or someone in the direct line of supervision, or if the employee for any reason is uncomfortable in dealing with his or her immediate supervisor, the employee should go directly to the Compliance Manager. If the complaint involves the Compliance Manager, the employee should make a report to the University’s General Counsel. For more information, contact the Office of General Counsel at 713-313-7950.

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