TO: WILLIAM MCRAVEN, CHANCELLOR

FROM : TREY ATCHLEY, CHIEF INQUIRY OFFICER@

DATE: FEBRUARY 22, 2017

SUBJECT: DETERMINATION REGARDING ALLEGATIONS OF SEXUAL HARRASSMENT, SEXUAL

MISCONDUCT AGAINST UTSA PRESIDENT RICARDO ROMO

I. Executive Summary

The University of Texas at San Antonio (UTSA) received an anonymous hotline complaint call on January
5, 2017, alleging that President Ricardo Romo (President Romo) engaged in sexual harassment against a
female employee. Chancellor McRaven received an anonymous letter in the mail on January 20, 2017,
alleging that President Ricardo Romo engaged in sexual harassment against a female employee. An
investigation was initiated into these two complaints and it was determined that
was the female complainant and victim in both complaints.

Over the course of the investigation, ( ( and

( were identified as additional victims. and complained
that President Romo created an uncomfortable work environment. The following information obtained
during the course of the investigation supports the conclusion that President Romo engaged in sexual
harassment and sexual misconduct against the victims:

President Romo requested frontal hugs from from considered the

hugs to be inappropriate and of a sexual nature. President Romo admitted to hugging
and admitted that he eventually stopped hugging her at her request. President Romo stated that
the hugs with were not inappropriate and were not on a regular basis. President Romo
characterized as an occasional liar.
President Romo requested frontal hugs from from . stated the hugs
were disgusting, perverted and that President Romo squeezed her back as tight as he could so
that her chest was pressed up to his. President Romo admitted to hugging and stated
that he stopped hugging her when she asked him to stop when she was President Romo
stated that the hugs with were not inappropriate and were not on a frequent basis.
President Romo characterized as a serial liar.
President Romo requested frontal hugs from from . President Romo would
pull chest to his with his hands on her back and on other occasions, would pull her hips
and pelvis to his with his hands on her waist. President Romo stated that he hugs and
that she has never told him to stop. President Romo stated that the hugs with are not
inappropriate. President Romo characterized as a liar.
President Romo expected these employees to hug him regularly (weekly to biweekly) and on
special occasions. Each employee stated that they feared they could lose their job if they did not
hug him. President Romo stated that the office is like a family and people hug each other and it
is not inappropriate.

Page 1 of 11
 stated that President Romo grabbed her around her waist and forcefully pulled her
body into his body for a 20-30 second frontal hug. This occu rred in when was a
graduate stud ent at UT Austin.
Multi ple witnesses stated that President Romo inappropriately inquired about the whereabouts
of and particularly if these employees were interacting with other
men. The witnesses further stated that Romo asked about the whereabouts of these employees
to the degree and frequency that it made them uncomfortable at work. Other witnesses stated
that President Romo told them not to tell anyone that he was asking about
whereabouts. President Romo admitted to occasionally inquiring about their whereabouts, but
stated it was for business purposes only.

Page 2 of 11
Based upon my review of the evidence and the statement of witnesses, I conclude that it is more likely
than not that President Romo has engaged in behavior which constitutes sexual harassment and sexual
misconduct in violation of UTSA Handbook of Operating Procedures (HOP), Section 9.24 and Regents'
Rules and Regulations 30105 - Sexual Harassment, Sexual Misconduct, and Consensual Relationships.

II. Background Information

A. Complaints Filed Against President Romo

On January 5, 2017, UTSA received an anonymous complaint on its Hotline alleging that President Romo
sexually harassed a female employee in the President's office. The complaint was forwarded by UTSA to
UT System Compliance for investigation by Trey Atchley (Atchley), Chief Inquiry Officer. See Exhibit A.

On January 20, 2017, an anonymous letter was received by Chancellor McRaven alleging that President
Romo was stalking and harassing a female employee in the President's Office. The letter was forwarded
by the Chancellor's Office to UT System Compliance for investigation by Atchley. See Exhibit B.

During the investigation, and made complaints of inappropriate sexual

conduct by President Romo.

B. Alleged Violations of Policy

1. UTSA HOP 9.24 - Sexual Harassment and Sexual Misconduct

"Sexual misconduct is a form of sex discrimination and will not be tolerated . As stated in the definitions,
sexual misconduct includes sexual harassment, sexual violence, sexual assault, stalking, domestic violence
and/or dating violence. Individuals who engage in sexual misconduct and other inappropriate sexual
conduct will be subject to disciplinary action."

Page 3of11
"Hostile Environment: Exists when sex-based harassment is sufficiently severe or pervasive to deny or
limit the individual's ability to participate in or benefit from the University's programs or activities or an
employee's terms and conditions of employment. A hostile environment can be created by anyone
involved in a University's program or activity (e.g., administrators, faculty members, employees, students,
and University visitors)."

"Sexual Harassment: Unwelcome conduct of a sexual nature including but not limited to unwelcome
sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature, when
submission to such conduct is made either explicitly or implicitly a term or condition of a person's student
status, employment, or participation in University activities; such conduct creates a Hostile Environment.
Sexual Harassment is a form of sex discrimination that includes:

A. Sexual violence, sexual assault, stalking, domestic violence and dating violence as defined
herein.

B. Physical conduct, depending on the totality of the circumstances present, including

frequency and severity, including but not limited to:

1. unwelcome intentional touching; or

2. deliberate physical interference with or restriction of movement.

C. Verbal conduct not necessary to an argument for or against the substance of any
political, religious, philosophical, ideological, or academic idea, including oral, written, or
symbolic expression, including but not limited to:

1. explicit or implicit propositions to engage in sexual activity;

2. gratuitous comments, jokes, questions, anecdotes or remarks of a sexual
nature about clothing or bodies;
3. gratuitous remarks about sexual activities or speculation about sexual
experiences;
4. persistent, unwanted sexual or romantic attention;
5. subtle or overt pressure for sexual favors;
6. exposure to sexually suggestive visual displays such as photographs, graffiti,
posters, calendars or other materials; or
7. deliberate, repeated humiliation or intimidation based upon sex."

"Sexual Misconduct: A broad term encompassing a range of non-consensual sexual activity or unwelcome
behavior of a sexual nature. The term includes, but is not limited to Sexual Assault, Sexual Violence, Sexual
Exploitation, sexual Intimidation, Sexual Harassment, Domestic Violence, Dating Violence and Stalking.
Sexual Misconduct can be committed by men or women, strangers of acquaintances, and can occur
between or among people of the same or opposite sex."

Page 4of11
2. Regents' Rules and Regulations 30105 - Sexual Harassment, Sexual Misconduct, and Consensual
Relationships

Environment- The educational and working environments ofThe University of Texas System and all of the
institutions shall be free from sexual harassment, sexual misconduct, inappropriate consensual
relationships, and othe r inappropriate sexual conduct. Engaging in such conduct or relationships is
unprofessional and unacceptable.

Sexual Harassment - Unwelcome conduct of a sexual nature, including, but not limited to, unwelcome
sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when :
a) Submission to such conduct is made either explicitly or implicitly a term or condition of employment,
student status, or participation in University activities; or
b) Such conduct is sufficiently severe or pervasive that it interferes with an individual's education,
employment, or participation in University activities, or creates an objectively hostile environment; or
c) Such conduct is intentionally directed towards a specific individual and has the effect of unreasonably
interfering with that individual's education, employment, or participation in University activities, or
creating an intimidating, hostile, or offensive environment.

Sexual assault, sexual exploitation, dating violence, domestic violence, and stalking are behaviors that may
constitute sexual harassment.

Sexual Misconduct -A broad term encompassing a range of nonconsensual sexual activity or unwelcome
behavior of a sexual nature. The term includes, but is not limited to, sexual assault, sexual exploitation,
sexual intimidation, sexual harassment, domestic violence, dating violence, and stalking. Sexual
misconduct can be committed by men or women, strangers or acquaintances, and can occur between or
among people of the same or opposite sex.

Inappropriate Consensual Relationship - A consensual sexual relationship, romantic relationship, or

dating between a university faculty member or other employee and any employee or student over whom
the individual has any direct or indirect supervisory, teaching, evaluation, or advisory authority, unless the
relationship has been reported in advance and a plan to manage the conflict inherent in the relationship
has been approved and documented.

Other Inappropriate Sexual Conduct - Includes unwelcome sexual advances, requests for sexual favors,
or verbal or physical conduct of a sexual nature directed towards another individual that does n0t rise to
the level of sexual harassment but is unprofessional and inappropriate for the workplace or classroom . It
also includes consensual sexual conduct that is unprofessional and inappropriate for the workplace or
classroom.

See Exhibit E - UTSA Handbook of Operating Procedures {HOP), Section 9.24; Regents' Rules and
Regulations 30105 - Sexual Harassment, Sexual Misconduct, and Consensual Relationships

C. Chronology of Events

Page 5 of 11
Summer 2016 advised that is uncomfortable around President Romo and
asks to discuss this with

10/21/2016: and were provided "On Notice" letters regarding work performance.

01/05/2017: Hotline complaint received by UTSA alleging that President Romo sexually harassed an
unidentified female.

12:00-12:30p Weaver and met to discuss the hotline complaint regarding

President Romo. stated to Weaver that she knows who this is in the complaint
and "can't they just leave the man alone he is retiring in 10 months." Weaver discussed
comments with Rachel Shay and Maria Perez.

2:00p met with President Romo and advised him that a complaint was filed
against him . stated she did not disclose to President Romo that was the
possible victim. Romo stated in his interview that he knew the victim was either
or

01/05/2017 : met with President Romo to discuss the hotline complaint. stated in
her interview that President Romo told her there was a new complaint and that it was
"way bad", and she ( had been named as a witness and that would be
contacting her."

01/26/2017: 9:00a Atchley interviewed and provided her information regarding the 1/5/17
hotline complaint and the 1/20/17 complaint to the Chancellor. advised that she
believed was the victim in the complaint. further stated that
advised her, in the summer of 2016, that President Romo had an odd interest in

Page 6 of11
 also advised Atchley that and were

11:00a Atchley met with and advised that stated that

and were involved in the hotline complaint and that was the likely
victim .

Ill. Investigative Process

Trey Atchley, UT System Chief Inquiry Officer, was the lead investigator on the two complaints filed against
President Romo. James Weaver, Director of Compliance at UTSA, and Maria Perez, Senior Compliance
Analyst, assisted in the investigation. Numerous witnesses were interviewed during the investigation.
President Romo was interviewed on February 13, 2017. Emails between President Romo and the
employees were reviewed. Photographs of the employees saved on President Roma's computers were
reviewed. See sample emails and photos attached as Exhibit F.

IV. Analysis

A. Sexual Misconduct & Sexual Harassment

The evidence supports that it is more likely than not that President Romo engaged in sexual misconduct
against from approximately , against from
, and against from . The evidence further supports that
President Romo engaged in sexual misconduct against in . The evidence further
supports that it is more likely than not that President Romo engaged in behavior which created a hostile
work environment for from , from
and from .

President Romo engaged in a similar pattern of sexual misconduct toward and

In all three situations, President Romo requested that the employees give him frontal hugs that
all three were uncomfortable with. President Romo expected the employees to hug him regularly and on
special occasions as well. The employees feared that they could lose their jobs if they confronted him and
asked him to stop. The duration of this conduct lasted from approximately two years to four years.
Additionally, all three employees described, in varying degrees, a pattern of behavior which created, at
times, an uncomfortable working environment.

stated that President Romo has given her inappropriate hugs from on a weekly basis.
told President Romo to stop many times and was told by President Romo, "You know I'm like
that." Witnesses and both stated they observed President Romo grab
arm in public on one occasion and grab her around the waste in public on a different occasion . Witness

Page 7of11