HANDLING SENSITIVE MATTERS OR HANDLING SENSITIVE MATTERS OR “I can’t believe she just told me that!” Texas A&M University, Human Resources DIVISION OF FINANCE June 26, 2012

Human Resources Handling Sensitive Matters 06/26/2012 Page 2 Sensitive Stuff? What Areas? The Bucket is Bigger!  Civil Rights  Title VII  Other protected classes  Title IX  Clery Act  President Loftin’s Letter  Abuse Reporting Policy

Human Resources Handling Sensitive Matters 06/26/2012 Page 3 System Regulation , Civil Rights Compliance  The A&M System will provide equal opportunity to all employees, students, applicants and the public regardless of:  Race  Color  Religion  Sex  National Origin Title VII to the Civil Rights Act of 1964

Human Resources Handling Sensitive Matters 06/26/2012 Page 4 System Regulation (continued)  The A&M System will provide equal opportunity to all employees, students, applicants and the public regardless of:  Disability: Americans with Disabilities Act (ADA as amended)  Age: Age Discrimination in Employment Act (ADEA)  Genetic Information: Genetic Information Nondiscrimination Act (GINA)  Veteran Status: Uniformed Services Employment and Re-employment Rights Act (USERRA)

Human Resources Handling Sensitive Matters 06/26/2012 Page 5 Employee Responsibilities  System Regulation , Civil Rights Compliance, subsection 2.1:  When alleged or suspected discrimination, sexual harassment and related retaliation is experienced or observed or made known to an employee, the employee is responsible for reporting that information…

Human Resources Handling Sensitive Matters 06/26/2012 Page 6 What else is part of Civil Rights?  Title IX of the Education Amendments of 1972  “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”  Primarily focused on issues involving students  Strict reporting requirements

Human Resources Handling Sensitive Matters 06/26/2012 Page 7 What else should be on our radar screen?  Clery Act: Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act  Promotes a safe and secure campus  Provides students and their families with accurate, complete and timely information about crime and campus safety so that they can make informed decisions  Requires all institutions to collect crime reports from a variety of individuals

Human Resources Handling Sensitive Matters 06/26/2012 Page 8 President Loftin’s Letter November 18, 2011  Employees urged to report suspected instances of abuse, neglect or exploitation to law enforcement.  State law requires reporting to law enforcement if a child’s physical or mental health or welfare is adversely affected by abuse or neglect.  Instances of workplace abuse, neglect or exploitation are expected to be reported to supervisor and at least one other official within the chain of command.

Human Resources Handling Sensitive Matters 06/26/2012 Page 9 What to do?  If you become aware of an issue that could:  Be a violation of System Civil Rights Regulation or Title IX  Be reportable under the Clery Act  Fall under Dr. Loftin’s letter regarding abuse reporting REPORT IT!

Human Resources Handling Sensitive Matters 06/26/2012 Page 10 Who to report to?  Civil Rights (based on who the alleged offender is):  Faculty – Dean of Faculties  Staff – Human Resources, Employee Relations  Students – Offices of the Dean of Student Life  Clery Act:  If an emergency, contact University Police Dept.  Appropriate office above  Suspected Abuse:  Law Enforcement & appropriate office above if in the workplace

Human Resources Handling Sensitive Matters 06/26/2012 Page 11 Any Questions? Tom Owen Policy and Practice Review Director