The College of Central Florida offers equal access and equal opportunity in its employment practices, admissions and educational activities. The college will not discriminate on the basis of race, color, ethnicity, religion, sex, pregnancy, age, marital status, national origin, genetic information, sexual orientation, gender identity, veteran status or disability status in its employment practices or in the admission and treatment of students.
Additionally, neither the college, nor its direct-support organization(s), will expend any funds, regardless of source, to purchase membership in or goods and services from any organization which discriminates on the basis of race, color, ethnicity, religion, sex, pregnancy, age, marital status, national origin, genetic information or disability status.
The college will not tolerate discrimination, harassment and/or sexual harassment of students by other students or employees, discrimination, harassment and/or sexual harassment of employees by other employees or students, or discrimination, harassment and/or sexual harassment of students by third parties in any of its programs, activities or employment.
Definitions
Discrimination
Conduct that is based upon an individual’s race, ethnicity, national origin, color, religion, age, disability, sex, pregnancy, gender identity, sexual orientation, marital status, genetic information, veteran’s status and any other factor protected under federal, state, and local civil rights laws, rules and regulations and that is sufficiently serious, persistent, or pervasive enough so as to unreasonably interfered with or limit:
- An employee’s or applicant for employment’s access to employment or conditions and benefits of employment;
- A student’s or admission applicant’s ability to participate in, access, or benefit from educational programs, services, or activities;
- An authorized volunteer’s ability to participate in a volunteer activity; or
- A guest’s or visitor’s ability to participate in, access, or benefit from the College’s programs.
Discrimination includes failing to provide reasonable accommodations, consistent with state and federal laws, to a qualified person with a disability.
Complaint (Formal)
A document filed/signed by a Complainant or signed by the Title IX Coordinator alleging harassment or discrimination based on a protected class or retaliation for engaging in a protected activity against a Respondent and requesting that the College investigate the allegation.
Harassment
A type of discrimination that occurs when verbal, physical, electronic, or other conduct based on an individual’s Protected Status interferes with that individual’s educational environment, work environment; participation in a College program or activity; or receipt of legitimately-requested services (e.g., disability or religious accommodations) and creates hostile environment harassment or quid pro quo harassment.
Sexual Harassment
Sexual Harassment, as an umbrella category, includes the offenses of sexual harassment, sexual assault, domestic violence, dating violence, and stalking, and is defined as conduct on the basis of sex that satisfies one or more of the following:
- Quid Pro Quo:
- an employee of the College,
- conditions the provision of an aid, benefit, or service of the recipient,
- on an individual’s participation in unwelcome sexual conduct; and/or
- Sexual Harassment:
- unwelcome conduct,
- determined by a reasonable person,
- to be so severe, and
- pervasive, and,
- objectively offensive,
- that it effectively denies a person equal access to the College’s education program or activity.
Reporting, Investigation and Resolution
The President or the President’s designee shall establish a complaint procedure that is available to all current students and employees and to those applicants for employment or admission who have reason to believe that they have been discriminated against, harassed, or denied employment or admission on the basis of race, color, ethnicity, religion, sex, pregnancy, age, marital status, national origin, genetic information, sexual orientation, gender identity, veteran status or disability status.
The college encourages the reporting of any known or suspected activities of discrimination, harassment and/or sexual harassment according to procedure. Additionally, any employee, student, applicant for admission or employment or other participant in a college program or service who believes that they have been unlawfully harassed or discriminated against on the basis of race, color, ethnicity, religion, sex, pregnancy, age, marital status, national origin, genetic information, sexual orientation, gender identity, veteran status or disability status may seek resolution to their complaint through College Administrative Procedures. The Discrimination and Harassment Procedure for Employees and Students is available in English and Spanish, on the college’s website at cf.edu/equity and is available in the Title IX Coordinator’s office.
Confidentiality in the investigation and resolution of complaints is protected to the extent possible under state and federal laws.
Retaliation
It is a violation of this rule to retaliate or take reprisal against any person who has filed a complaint or who has complained about discrimination, harassment and/or sexual harassment based on the fact that the student or employee raised an issue about discrimination, harassment and/or sexual harassment to his or her supervisor, or any supervisor or manager of the College, to any Dean, Vice President, or administrator, or to any other person, entity, or human rights agency.
(Florida Statutes 794.011, 1000.05, 1001.02, 1001.64, 1004.65, 1012.855; Title VII CRA of 1964 Amended 1972, Title IX CRA of 1964, Section 504 of Rehabilitation Act of 1973, GINA Act of 2008; last revised 5/19/23)
Discrimination, Harassment and Related Misconduct Grievance Procedures for Employees and Students
The purpose of this procedure is to specify the appropriate process for students, employees, applicants for admission or employment or third parties alleging discrimination or harassment based on race, ethnicity, color, national origin, age, religion, disability, marital status, sex, genetic information, sexual orientation, gender identity, pregnancy, veteran status and any other factor protected under applicable federal, state, and local civil rights laws, rules and regulations (collectively referred to as “Protected Status”). The procedure specifies the process for students, employees, applicants for admissions or employment or third parties alleging sexual assault, sexual exploitation, stalking, and interpersonal violence.
Employee: This procedure does not apply to employee performance appraisals, unless it is alleged that the appraisal is based on factors other than the employee’s performance.
Student: This procedure does not apply to complaints related to matters such as academic problems, academic grades, mistreatment by any College employee that is not related to discrimination, wrongful fee assessment, financial aid concerns, records and registration errors, and student employment of a general nature.
The College will act on any formal or informal notice/complaint of violation of the Policy 1.03, Discrimination, Harassment, and Related Misconduct (“the Policy”) that is received by the Title IX Coordinator or any other Official with Authority, by applying Process A or Process B as determined by the Title IX Coordinator. Process A applies only to qualifying allegations of sexual harassment (including sexual assault, sexual exploitation, dating violence, domestic violence, and stalking) involving students, staff, administrators, or faculty members. Process B applies only to qualifying allegations of discrimination or harassment based on protected class harassment or discrimination, not included under Title IX and Process A, involving students, staff, administrators, or faculty members.
Definitions
Advisor: A person chosen by a party or appointed by the institution to accompany the party to meetings related to the resolution process, to advise the party on that process, and to conduct cross-examination for the party at the hearing, if any.
Complaint (formal): A document filed/signed by a Complainant or signed by the Title IX Coordinator alleging harassment or discrimination based on a protected class or retaliation for engaging in a protected activity against a Respondent and requesting that the College investigate the allegation.
Complainant: An individual who is alleged to be the victim of conduct that could constitute harassment or discrimination based on a protected class; or retaliation for engaging in a protected activity.
Discrimination:
Conduct that is based upon an individual’s race, ethnicity, national origin, color, religion, age, disability, sex, pregnancy status, gender identity, sexual orientation, marital status, genetic information, veteran’s status and any other factor protected under federal, state, and local civil rights laws, rules and regulations and that is sufficiently serious, persistent, or pervasive enough so as to unreasonably interfered with or limit:
- An employee’s or applicant for employment’s access to employment or conditions and benefits of employment;
- A student’s or admission applicant’s ability to participate in, access, or benefit from educational programs, services, or activities;
- An authorized volunteer’s ability to participate in a volunteer activity; or
- A guest’s or visitor’s ability to participate in, access, or benefit from the College’s programs.
Discrimination includes failing to provide reasonable accommodations, consistent with state and federal laws, to a qualified person with a disability.
Employee: Throughout this procedure the term “employee” includes current employees and applicants for employment.
Harassment: A type of discrimination that occurs when verbal, physical, electronic, or other conduct based on an individual’s Protected Status interferes with that individual’s educational environment, work environment; participation in a College program or activity; or receipt of legitimately-requested services (e.g., disability or religious accommodations) and creates hostile environment harassment or quid pro quo harassment.
Sexual Harassment:
Sexual Harassment, as an umbrella category, includes the offenses of sexual harassment, sexual assault, domestic violence, dating violence, and stalking, and is defined as conduct on the basis of sex that satisfies one or more of the following:
- Quid Pro Quo:
- an employee of the College,
- conditions the provision of an aid, benefit, or service of the recipient,
- on an individual’s participation in unwelcome sexual conduct; and/or
- Sexual Harassment:
- unwelcome conduct,
- determined by a reasonable person,
- to be so severe, and
- pervasive, and,
- objectively offensive,
- that it effectively denies a person equal access to the College’s education program or activity.
Respondent: An individual who has been reported to be the perpetrator of conduct that could constitute harassment or discrimination based on a protected class; or retaliation for engaging in a protected activity
Student: Throughout this procedure, the term “student” includes current students and applicants for admission.
Retaliation: Acts or words taken against an individual because of the individual’s participation in a protected activity that would discourage a reasonable person from engaging in protected activity. Protected activity includes an individual’s: (i) good faith participation in the reporting, investigation, or resolution of an alleged violation of this Policy; (ii) opposition to policies, practices, or actions that the individual reasonably believes are in violation of the Policy; or (iii) requests for accommodations on the basis of religion or disability. Retaliation may include intimidation, threats, coercion, or adverse employment or educational actions. Retaliation may be found even when an underlying report made in good faith is not substantiated. Retaliation may be committed by the Respondent, the Complainant, or any other individual or group of individuals.
The exercise of rights protected under the First Amendment does not constitute retaliation.
General Information
False or Malicious Complaints
Deliberately false and/or malicious accusations under this policy, as opposed to allegations which, even if erroneous, are made in good faith, are a serious offense and will be subject to appropriate disciplinary action. Additionally, witnesses and parties knowingly providing false evidence, tampering with or destroying evidence after being directed to preserve such evidence, or deliberately misleading an official conducting an investigation can be subject to discipline under College policy.
Amnesty
To encourage reporting and participation in the process, College maintains a policy of offering parties and witnesses amnesty from minor policy violations - such as underage consumption of alcohol or the use of illicit drugs - related to the incident.
Amnesty does not apply to more serious allegations such as physical abuse of another or illicit drug distribution. The decision not to offer amnesty to a Respondent is based on neither sex nor gender, but on the fact that collateral misconduct is typically addressed for all students within a progressive discipline system, and the rationale for amnesty - the incentive to report serious misconduct - is rarely applicable to Respondent with respect to a Complainant.
Confidentiality/Public Records
All information regarding discrimination, harassment, retaliation, and sexual misconduct will remain confidential to the extent possible to provide for an effective investigation, and as allowed by law. Written records developed through the use of this internal complaint process are confidential in accordance with state law until a final determination is made.
Procedures
The Discrimination and Harassment Procedure for Employees and Students, available in English and Spanish, is available on the college’s website at cf.edu/equity or can be provided by the Title IX Coordinator, located in Building 3, Room 116 or by emailing equity@cf.edu
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