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Human Resources Policies

Discipline and Rules

Anti-Harassment Policy


Effective Date Dec 1, 2014

Applicable Employee Classes:

All Florida Tech Employees

Revised Date:

November 2018

Approved by:

Dr. T. Dwayne McCay, President

5.1 Anti-Harassment

Policy

We are committed to providing a work environment free of harassment. As a result, we maintain a strict policy prohibiting sexual harassment and harassment based on race, color, sex, (including pregnancy), gender (including gender nonconformity and status as a transgender or transsexual individual) national origin, ancestry, citizenship, religion, creed, physical or mental disability, genetic information, age, past, current or prospective service in the uniformed services or any other protected category. All such harassment is prohibited. Our anti-harassment policy applies to all persons involved in our university and prohibits harassment at work by anyone, including university supervisors, co-workers, visitors or vendors.

 

Sexual Harassment Defined

 

Sexual harassment includes unwanted sexual advances, requests for sexual favors or visual, verbal or physical conduct of a sexual nature when: submission to such conduct is made a term or condition of employment, submission to or rejection of such conduct is used as a basis for employment decisions affecting the individual, or such conduct has the purpose or effect of unreasonable interfering with an employee's work performance or creating an intimidating, hostile, or offensive working environment.

Sexual harassment includes various forms of offensive behavior. The following is a partial list: unwanted sexual advances, offering employment benefits in exchange for sexual favors, making or threatening reprisals after a negative response to sexual advances, visual conduct such as leering, making sexual gestures, displaying of a sexually suggestive objects or pictures, cartoons or posters, sending inappropriate adult-themed gifts, derogatory statements or sexually suggestive postings in any social media platform including Facebook, Twitter, Instagram, Snapchat, etc., verbal conduct such as making or using derogatory comments, epithets, slurs, sexually explicit jokes, comments about an employee's body or dress, verbal sexual advances or propositions, verbal abuse of a sexual nature, graphic verbal commentary about an individual's body, sexually degrading words to describe an individual, suggestive or obscene letters, notes or invitations, physical conduct such as touching, assault, impeding or blocking movements, and retaliation for making harassment reports or threatening to report harassment.

This policy also protects employees from harassment by vendors. If the harassment occurs on the job by someone not employed by the university, the procedures in this policy should be followed.

This policy applies to males who sexually harass females or other males, and for females who sexually harass males or other females.

 

Other Types of Harassment

Prohibited harassment on the basis of race, color, sex, (including pregnancy) national origin, ancestry, religion, physical or mental disability, genetic information, age, sexual orientation, gender identity (including gender nonconformity or status as a transgender or transsexual individual), past, current or prospective service in the uniformed services, or other protected category; includes behavior similar to sexual harassment such as: verbal conduct including threats, epithets, derogatory comments, jokes or slurs, derogatory sexually suggestive postings in any social media platform including Facebook, Twitter, Instagram, Snapchat, etc., visual conduct including derogatory posters, photography, cartoons, drawings, or gestures, physical conduct including assault, unwanted touching or blocking normal movement, retaliation for making harassment reports or threatening to report harassment.

 

Protection Against Retaliation

Retaliation is prohibited against any person by another employee or by the university for using this complaint procedure, reporting a violation of the equal employment opportunity policy, reporting harassment, or for filing, testifying, assisting or participating in any manner in any investigation, proceeding or hearing conducted by a governmental enforcement agency. Prohibited retaliation includes, but is not limited to, termination, demotion, suspension, failure to hire or consider for hire, failure to give equal consideration in making employment decisions, failure to make employment recommendations impartially, adversely affecting working conditions or otherwise denying any employment benefit.

 

Procedure

Any employee who believes that he or she has been harassed or discriminated against by anyone including a co-worker, supervisor, vendor, visitors or customers of the university or who is aware of the harassment or discrimination of others, should immediately provide a written or verbal report to his or her supervisor, (or if the conduct involves their direct supervisor to the employee the next level above their direct supervisor)or the Office of Human Resources.  Ideally, the report should be made within ten days of the offending conduct. If the conduct is reported to a supervisor and the reporting party has not received a satisfactory response within five days after reporting what they perceive to be harassing conduct, they must immediately contact the Office of Human Resources. The university will endeavor to protect the privacy and confidentiality of all parties involved to the extent possible, consistent with a thorough investigation.

After a report is received, a prompt, thorough and objective investigation by management will be undertaken. The investigation will be completed and a determination made and communicated to you as soon as practical. The university expects that all employees fully cooperate with any investigation conducted.

If we determine that this policy has been violated, prompt remedial action will be taken, commensurate with the severity of the offense. Appropriate action will also be taken to prevent any future harassment or discrimination. If a complaint of harassment or discrimination is substantiated, appropriate disciplinary action, up to and including discharge, will be taken.

Please report any retaliation to your supervisor or the Office of Human Resources (321) 674-8100. Any report of retaliatory conduct will be investigated in a thorough and objective manner. If a report of retaliation is substantiated, appropriate disciplinary action, up to and including discharge, will be taken.

The university is committed to enforcing this policy against all forms of harassment. However, the effectiveness of its efforts depends largely on employees advising their supervisor or the Office of Human Resources of the inappropriate workplace conduct. If an employee feels that they or someone else may have been subjected to conduct that violates this policy, they should report it immediately. If employees do not report harassing conduct, the university may not become aware of a possible violation of this policy and may not be able to take appropriate corrective action.

*If there is a finding or determination of harassment against any Private Investigator (PI) or Co-Private Investigator on a federally funded sponsored project, the university must inform the agency per agency requirements. The government agency will work with the university to determine the appropriate course of action, which may include, but is not limited to, appointment of a substitute PI, or reducing the award amount.

 

Title VII of the Civil Rights Act of 1964, Age Discrimination in Employment Act of 1967 (ADEA), The Americans with Disabilities Act of 1990 (ADA)

The Genetic Information Non Discrimination Act

The Family and Medical Leave Act (FMLA)

Section 1981 of the Civil Rights Act