Policies and
Procedures Manual
|
Subject of Policy Statement |
Effective Date |
Policy Number |
|
|
Diversity
and Equal Opportunity: Discrimination and Harassment |
Rev: 06/12/07 |
0-007 |
I. INTRODUCTION (Purpose and Intent)
The
II. DEFINITIONS
A. For purposes of this Policy only, the
term “employee” includes, but is not limited to: academic administrators; all
faculty; Administration employees; Staff employees; Temporary employees; or any
other employee classifications that may be developed by the Florida Board of
Governors or University Board of Trustees.
B.
For purposes of this Policy
only, the term “student” includes, but is not limited to, any individual who is
enrolled in any program of study or enrolled in any course offered or sponsored
by the University, whether for credit or not, or engaged in any University
student activity.
III. STATEMENT OF POLICY
A. The Following Actions Are Prohibited:
1. Discrimination
and/or harassment by any University employee or student against any
individual(s) or group(s) at the University.
2. Discrimination
and/or harassment by any University employee or student while assigned to
duties or academic programs of USF (regardless of their location) against any
individual(s) or group(s) that is not an employee or student, including
applicants for admission or employment.
3.
Discrimination and/or harassment by any
vendor or individual external to the University against any University
employee(s), student(s) or group(s) during the transaction of business with the
University.
4. Retaliation by any University
employee or student against any individual(s) or group(s) who, in good faith,
has made any allegation of discrimination and/or harassment, or who has
testified, assisted, or participated in any way in any investigation,
proceeding, or hearing conducted under this policy or any federal or state law.
5.
Knowingly making false accusations or
allegations of discrimination and/or harassment or retaliation, or knowingly
making false statements regarding alleged discrimination and/or harassment or retaliation
in any investigation, proceeding, or hearing conducted under this policy or any
federal or state law.
B. Examples of Prohibited Conduct Include, but
Are Not Limited To:
1.
Writing or displaying letters, notes, or e-mails which are
derogatory toward any individual’s race, color, marital status, sex, religion,
national origin, disability, age, sexual orientation, or military status.
2.
Making comments, slurs, or jokes which are derogatory toward
any individual’s race, color, marital status, sex, religion, national origin,
disability, age, sexual orientation, or military status.
3.
Unwelcome touching, impeding, or blocking movement based on
any individual’s race, color, marital status, sex, religion, national origin,
disability, age, sexual orientation, or military status.
4.
Making gestures or displaying pictures, cartoons, posters,
or magazines which are derogatory toward any individual’s race, color, marital
status, sex, religion, national origin, disability, age, sexual orientation, or
military status.
5.
Continuing any of the conduct listed in the above examples
after being told or being otherwise made aware that the conduct is
unwelcome.
C. Conduct Outside the Scope of This Policy
1.
This policy is not intended to abridge academic freedom or
USF’s educational mission.
2.
This policy is not violated by actions that
amount to expression that is protected by the state or federal
constitutions.
D. Cooperation
All employees and students are to cooperate fully
with any investigation and/or compliance review conducted under this policy. Failure
to do so may result in disciplinary action for just cause, up to and including
termination of employment and/or expulsion from the University.
IV. HOW TO FILE COMPLAINTS OR ALLEGATIONS
REGARDING DISCRIMINATION AND/OR HARASSMENT
A. In order to file a complaint with the University, an individual must
submit such complaints
or allegations of discrimination and/or harassment to the Diversity and Equal
Opportunity Office (“DEO”). DEO is
responsible for investigating discrimination and/or harassment
complaints/allegations. A full copy of the procedures used to conduct any
investigation is available in DEO, ADM 172, 813-974-4373 or on the website of
DEO. (These procedures may be changed
without affecting any term of this Policy.)
The confidentiality and privacy of all parties involved during the DEO
investigative process will be maintained to the fullest extent possible. Information will be shared with only those
with a legitimate need to know.
This policy does not prevent a
person from telling the individual whose actions he or she finds offensive,
that such behavior or conduct must stop and/or that it is unwelcome.
B. Who Should
Report to DEO Under the University's Policy:
1. The person who believes he/she has been
subjected to discrimination and/or harassment; or
2. Any University employee or student who has
direct or indirect knowledge of the
alleged discrimination and/or harassment.
C. Who Must Report to DEO Under the University's Policy:
1.
Supervisors are required to promptly report (either verbally or through
written communications) allegations, reports or instances of alleged
discrimination and/or harassment by or against any University employee(s),
student(s) or group(s) to DEO. Failure to do so may result in disciplinary
action, up to and including termination of employment.
2. Supervisory employees are any administrative
personnel or any employee who supervises one (1) or more individual employees
and may include, but is not limited to: Deans, Directors, Department Chairs,
Coordinators, Unit Heads, Managers, and Principal Investigators.
3. Supervisors, with respect to students,
include all of the positions listed in paragraph (IV.C.2.);
all members of the faculty; and graduate students with instructional
responsibilities when they are supervising or teaching the student(s) who
is(are) complaining about possible discrimination or harassment.
D. A person who believes that he/she has been
discriminated against or harassed should report the incident as soon as
possible. A complaint must be filed
within one hundred twenty (120) calendar days of the incident(s) with DEO.
E. If an individual
chooses to appeal a decision rendered by DEO, such appeal shall be filed in
accordance with DEO’s procedure.
F. Filing an internal charge of discrimination
and/or harassment with the University does not preclude filing complaints with
external agencies and does not affect any deadlines that may be imposed by any
agency external to the University. The following agencies are available to take
such complaints:
1.
2.
3. Office of
Federal Contract Compliance Programs,
4.
TDD Baudot Callers 1(800) 955-8771.
|
Ted
Williams Associate
Vice President for
Diversity and Equal Opportunity |
|
|
|
Judy Genshaft |