UPPS 04.04.56 - Non-Retaliation Policy

POLICY STATEMENT

Texas State University is committed to preventing retaliation against those who make bona fide reports of possible non-compliance.

1. BACKGROUND INFORMATION

   1. No member of the Texas State University community shall intimidate or take retaliatory action against another member of the university community who engages in good faith conduct as set forth below. Acts of retaliation violate university policy and may be unlawful, and as such, will not be tolerated. Any individual found to have retaliated shall be subject to disciplinary action up to and including termination of employment.

   2. The types of retaliation or retaliatory actions that are prohibited include but are not limited to:

      1. intimidation and bullying;

      2. adverse actions with respect to the reporter’s work assignments, salary, leave, benefits, and other terms of employment;

      3. unlawful discrimination;

      4. disciplinary actions;

      5. alteration of work environment;

      6. change in work schedule;

      7. reassignment;

      8. demotion;

      9. termination of employment;

      10. retaliation, as defined in the Student Handbook/Code of Student Conduct;

      11. adverse actions against a relative of the reporter who is a member of the university community; and

      12. verbal or written threats to do any of the above.

      Note that adverse personnel, academic, or other disciplinary action against an employee or student whose conduct or performance warrants such action for reasons unrelated to the reporting of a concern will not be deemed a violation of this policy.

   3. Anyone reporting retaliation must act in good faith and have reasonable grounds for believing that retaliation has occurred. Individuals who make false retaliation reports will be disciplined in accordance with existing university and Texas State University System (TSUS) policies and procedures.

   4. This policy applies to all members of the university community which may include, but is not limited to faculty, staff, students, volunteers, independent contractors, and third-party vendors.

2. DEFINITIONS

   1. Misconduct – any activity by a university employee that violates a law, regulation, grants requirement, university or TSUS policy. Types of behavior that fall within misconduct include but are not limited to those which may violate UPPS No. 01.04.02, Ethics Policy; UPPS No. 04.04.46, Prohibition of Discrimination; and UPPS No. 04.05.20, Workplace Violence.

   2. Retaliation – any adverse action an individual experiences as a consequence of that individual:

      1. reporting misconduct;

      2. filing a grievance;

      3. participating in a university investigatory, grievance, mediation, or appeals procedure;

      4. filing a complaint alleging prohibited discrimination (including harassment); or

      5. otherwise objecting to a practice that is unlawful, unethical, or in violation of university or TSUS policy.

3. PROCEDURE FOR REPORTING INCIDENTS OF RETALIATION

   1. Any incident of retaliation by an employee should be reported within 10 business days of the alleged action or the date upon which the reporter reasonably became aware of the action. Reports of retaliation may be made to any of the following offices or individuals:

      1. Office of Human Resources (HR);

      2. Office of the Provost and Executive Vice President for Academic Affairs;

      3. dean’s offices;

      4. divisional vice presidents;

      5. ombudspersons;

      6. TSUS Office of Internal Audit;

      7. Office of Institutional Compliance and Ethics;

      8. Office of Equal Opportunity and Title IX; and

      9. dean of Students via studentconduct@txstate.edu (for student concerns of retaliation).

      If the report is received by an office external to HR, the office will forward the complaint to HR. HR will review the concern and determine the appropriate course of action or if it needs to be routed to the appropriate department for investigation or follow-up. Response timelines will follow those prescribed within the applicable policies based on the nature of the reported concerns.

4. REVIEWERS OF THIS UPPS

   1. Reviewers of this UPPS include the following:

      Position	Date
      Associate Vice President and Chief Human Resources Officer	June 1 E5Y
      Associate Vice President for Institutional Compliance and Chief Compliance Officer	June 1 E5Y

5. CERTIFICATION STATEMENT

   This UPPS has been approved by the following individuals in their official capacities and represents Texas State policy and procedures from the date of this document until superseded.

   Associate Vice President and Chief Human Resources Officer; senior reviewer of this UPPS

   Executive Vice President for Operations and Chief Financial Officer

   President