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.