2.4.1. Equal Employment Opportunity

1. Policy and Position Statements

The University is committed to the principle that decisions concerning employment, admission, and performance should be based on an individual’s qualifications and performance and not on characteristics unrelated to job performance or academic requirements. It is the policy of the University under UT Policy HR0220 – Equal Employment Opportunity not to discriminate against any employee or applicant for employment on the basis of race, color, religion, sex, marital status, parental status, sexual orientation, gender identity, national origin, disability, age, genetic information, veteran status, or any other characteristic protected by federal or state law. The University policy also prohibits harassment based on such characteristics. This policy extends to recruitment, employment, promotion, demotion, transfer, layoff, termination, compensation, training, benefits, and all other terms and conditions of employment.

This policy shall not be construed to: (1) confer eligibility for employment benefits for which an employee is not otherwise eligible under state law, policy, or practice as the same may be modified by federal law; (2) infringe upon the free exchange of ideas essential to the academic environment; (3) limit freedom of religious association; (4) establish a duty to engage in affirmative action measures for characteristics not subject to affirmative action under state or federal law; (5) require the compliance of external government agencies in which non- discrimination does not include certain personal characteristics (e.g., ROTC); or (6) create any cause of action not currently provided under state or federal law.

For further information, see the following:

• UTC Notice of Non-Discrimination and Statement of Equal Employment Opportunity
• The UTC Office of Equity and Inclusion (OEI). The OEI website includes information regarding the following:
  • Discrimination complaint procedures;
  • The affirmative action checklist for conducting searches; and
  • UTC sexual harassment and discrimination guidelines.

2. Complaints

Complaints that a University employee has violated a University policy prohibiting discrimination, including but not limited to UT Policy HR0220 – Equal Employment Opportunity and UT Policy HR0280 – Sexual Harassment & Other Discriminatory Conduct, should be directed to the OEI. Complaints will be investigated and resolved in accordance with the Discrimination Complaint Procedure.

2.4.2. Sex Discrimination

UTC is a recipient of federal financial assistance, and in accordance with the provisions of Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. (“Title IX”), all of its education programs and activities are subject to the prohibition against sex discrimination, including sexual harassment, sexual assault, and sexual exploitation. UTC’s Nondiscrimination Statement prohibits sex discrimination in any UTC education program or activity, including employment and admissions. Title IX applies to all UTC students, employees, applicants for admission or employment, volunteers and campus visitors.

1. Sexual Harassment & Other Discriminatory Harassment

The University is committed to an environment that recognizes the worth and dignity of every person while striving to foster tolerance, sensitivity, and mutual respect. The University therefore prohibits employees from engaging in acts of harassment on the basis of sex, which includes harassment based on gender, pregnancy, sexual orientation, and gender identity, as required by state or federal law. UT Policy HR0280 – Sexual Harassment & Other Discriminatory Conduct prohibits employees from engaging in sexual or other discriminatory harassment, regardless of whether such conduct is directed at another employee, a student, a vendor, or a visitor to campus.

2. Policy on Sexual Harassment, Sexual Assault, Dating and Domestic Violence, and Stalking

UTC is committed to creating and maintaining a learning, living, and working environment free from sexual harassment, sexual assault, dating and domestic violence, stalking, and retaliation, as defined and prohibited under the Policy on Sexual Harassment, Sexual Assault, Dating and Domestic Violence, and Stalking (“Title IX Policy”). The Title IX Policy protects and applies to the conduct of UTC students, employees, volunteers, contractors, and third parties participating in a UTC program or activity.

(1) Complaints

Complaints of prohibited conduct under the Title IX Policy should be directed to the OEI or the Title IX Coordinator. Complaints will be investigated and resolved in accordance with the Title IX Policy.

(2) Mandatory Reporter Obligations

All UTC faculty members are mandatory reporters under the Title IX Policy when: (1) the complainant is a student; (2) the faculty member is the immediate supervisor of either the complainant or the respondent; or (3) the faculty member has the authority to redress the prohibited conduct. As mandatory reporters, faculty members are obligated to report information they receive concerning conduct prohibited under the Title IX Policy to the Title IX Coordinator in accordance with the mandatory reporter procedures set forth in the policy. A mandatory reporter’s failure to fulfill his or her obligations may result in discipline. For more information regarding the requirements and guidelines for mandatory reporters, please see the Title IX Policy.

3. Prohibited Relationships with Students

An amorous or sexual relationship between a faculty member and a student greatly increases the potential for a faculty member’s abuse of power because of the inherently unequal status of the persons involved in the relationship. Even in cases where such a relationship begins with the mutual consent of the participating persons, it can result in exploitation of the student or the creation of a hostile learning or work environment for the student. Accordingly, amorous or sexual relationships between faculty members and students under the circumstances provided under Section 2.4.2.3.(1) below are expressly prohibited. Amorous or sexual relationships between faculty members and students not otherwise prohibited are strongly discouraged.

(1) Prohibited Conduct

The following conduct is prohibited:

1. A faculty member shall not have an amorous or sexual relationship (consensual or otherwise) with a student who is not the faculty member’s spouse and who is simultaneously enrolled in a course taught by the faculty member or whose academic or work performance is subject to the supervision or evaluation of the faculty member.
2. A faculty member shall not have an amorous or sexual relationship (consensual or otherwise) with a student who is not the faculty member’s spouse and to whom the faculty member, as part of the faculty member’s job- related responsibilities, provides academic advising, mentoring, or tutoring.
3. Retaliation is prohibited against any person who reports conduct prohibited under this Section 2.4.2.3.(1). Retaliation is also prohibited against any person who participates in an OEI investigation of a report of prohibited conduct under this section.

(2) Reporting Violations

Reports of possible violations of Section 2.4.2.3.(1) above should be reported to the OEI for review and investigation. Certain conduct described in this section may also trigger a mandatory reporting obligation under the Title IX Policy: (1) if the involved student is a minor; (2) if the conduct appear appears to violate the Title IX Policy; or (3) if reporting is otherwise required by law or University policy. In the case of uncertainty about the reporting obligation, OEI officials may be consulted without providing personally identifiable information in order to clarify the reporting obligation, or to get more information about how the OEI might handle a possible violation of this section.

4. Prohibited Discrimination Against Pregnant Students

Discrimination against any student, or exclusion of any student from participation in any part of a UTC educational program or activity, on the basis of a student’s pregnancy is prohibited, as provided under state or federal law. UTC educational programs and activities include, but are not limited to, classes, extracurricular activities, internships, fellowships, clinics, and labs. When necessary to ensure a pregnant student’s access to an educational program or activity, UTC will provide reasonable adjustments to the program or activity for the student, in accordance with the Policy on Educational Accommodations for Pregnant Students.

2.4.3. Discipline and Appeal Rights

A faculty member who is found to have violated a University policy prohibiting discrimination or other provision of this Section 2.4, including but not limited to UT Policy HR0220 – Equal Employment Opportunity, UT Policy HR0280 – Sexual Harassment & Other Discriminatory Conduct, and the Title IX Policy, may be subject to discipline up to and including termination. Any disciplinary action taken against a faculty member for violation of the University’s anti-discrimination policies or other provision of this Section 2.4., and any appeal of such disciplinary action, must be in accordance with Section 5.4.2. (tenured faculty) or Section 5.4.3. (non-tenured faculty).