UCF Actions to Prevent Discrimination

To be entitled to an accommodation, a person must be a

"qualified individual with a disability."

Complainant

An individual who discloses having been subjected to any prohibited conduct under UCF policy, regardless of whether that person makes a report or seeks action under UCF policy.

Reasonable Accommodation

Any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities.

Third-Party

Any contractor, vendor, visitor, applicant or other non-student or nonemployee affiliated with the university.

Responsible Employee

Any employee and DSO who is not a confidential employee. Responsible employees include (but are not necessarily limited to) faculty (full-time and part-time), staff (full-time and part-time), resident assistants, and graduate students with classroom responsibilities. Responsible employees also include all those employees identified as Campus Security Authorities (CSAs).

Confidential Employees

Any employee who is entitled under state law to have privileged communications. Confidential Employees will not disclose information about prohibited conduct to the university without the permission of the student or employee (subject to the exceptions set forth in the confidentiality section of the Nondiscrimination Policy).

Confidential Employee

Any employee who is entitled under state law to have privileged communications. Confidential employees will not disclose information about prohibited conduct to the university without the permission of the student or employee (subject to the exceptions set forth in the confidentiality section of Nondiscrimination Policy).

Student

Any individual defined as a student in The Golden Rule Student Handbook.

Employee

Any individual employed by the University of Central Florida, including all fulltime and part-time faculty, employees classified as Administrative and Professional (A&P), employees classified as University Support Personnel System (USPS), post-doctoral employees, resident assistants, graduate students with classroom responsibilities, professional research assistants, and OPS non-student employees.

Respondent

Any individual or group who has been accused of violating UCF policy.

Non-sensual Sexual Conduct

Any nonconsensual sexual contact which occurs on or off the UCF campus

The Americans with Disabilities Act of 1990 (ADA)

a federal law that forbids disability-based discrimination in employment (including job applicants) and post-secondary educational programs.

Incapacitation

a state where an individual cannot make rational, reasonable decisions because of mental or physical helplessness, sleep, unconsciousness, or lack of awareness that sexual activity is taking place. A person may be incapacitated due to the consumption of alcohol or other drugs, or due to a temporary or permanent physical or mental health condition. A person who is incapacitated lacks the capacity to give Consent because they cannot understand the "who, what, when, where, why, or how" of their sexual interaction.

Employers must reasonably accommodate

employees' sincerely held religious practices unless doing so would impose an undue hardship.

Retaliation may be present

even where there is a finding of "no responsibility" on the allegations of discrimination or harassment. Also, an individual may be found to have engaged in retaliation when they were not a party to the initial report of discrimination.

Discrimination includes

failure to provide a reasonable accommodation based on disability or religion.

Accommodations may include:

flexible scheduling •voluntary substitutions or swaps •job reassignments and lateral transfers •modification of grooming requirements or other workplace practices, policies and/or procedure

Relationship Violence

includes any act of violence or threatened act of violence that occurs between individuals who are involved or have been involved in a sexual, dating, spousal, domestic, or other intimate relationship. Relationship violence may include any form of Prohibited Conduct under this Policy, including sexual assault, stalking, and physical assault. Relationship violence may involve a pattern of behavior used to establish power and control over another person through fear and intimidation or may involve one-time conduct. A pattern of behavior is typically determined based on the repeated use of words and/or actions and inactions in order to demean, intimidate, and/or control another person. This behavior can be verbal, emotional, and/or physical and may be directed towards the former partner, their property, or other individuals.

Responsible Employees must report

information concerning sex discrimination and sexual misconduct to the Title IX Coordinator, Matt Ricke, even if a complainant asks the employee not to do so or the information is from a third party rather than the complainant

What is "reasonable"

is always case-specific

The term "Responsible Employee"

is defined as any employee, and Direct Support Organization (DOS) non-student employee, who is not a confidential employee as defined in the University's Prohibition of Discrimination, Harassment and Related Interpersonal Violence Policy. Responsible Employees include (but are not necessarily limited to) Faculty (full-time and part-time), Staff (full-time and part-time), Resident Assistants, and graduate students with classroom responsibilities. Responsible employees also include those employees identified as Campus Security Authorities (CSAs). The University reserves the right to designate other individuals involved in university-sponsored/related activities as Responsible Employees on a case-by-case basis.

Retaliation

means any adverse action taken against a person for making a good faith report of conduct prohibited by the Nondiscrimination Policy ("Prohibited Conduct") or participating in or being a party to any proceeding under the Nondiscrimination Policy.

Discrimination

ny unlawful distinction, preference, or detriment to an individual that is based upon an individual's protected class that: excludes an individual from participation in; denies the individual the benefits of; treats the individual differently with regard to; or, otherwise adversely affects a term or condition of an individual's employment, education, living environment or participation in a university program or activity.

Stalking

occurs when a person engages in a course of conduct directed at a specific person under circumstances that would cause a reasonable person to fear for the person's safety or the safety of others, or to experience substantial emotional distress. Stalking includes "cyber-stalking," a particular form of stalking in which a person uses electronic media, such as the internet, social networks, blogs, phones, texts, or other similar devices or forms of contact.

Sexual exploitation

purposely or knowingly doing or attempting to do any of the following: Recording or photographing private sexual activity and/or a person's intimate parts (including genitalia, groin, breasts or buttocks) without consent; Disseminating or posting images of private sexual activity and/or a person's intimate parts (including genitalia, groin, breasts or buttocks) without consent; Allowing third parties to observe private sexual activity from a hidden location (e.g., closet) or through electronic means (e.g., Skype or live streaming of images); Subjecting another person to human trafficking; or Exposing another person to a sexually transmitted infection or virus without the other's knowledge.

An individual may not be fired, demoted, harassed or otherwise "retaliated" against for:

reporting or filing a charge of discrimination or participating in a discrimination proceeding

Responsible employees are

required to immediately report to the University's Office of Institutional Equity all relevant details (obtained directly or indirectly) about an incident of sex/gender-based discrimination or harassment, sexual harassment, sexual assault, sexual exploitation, relationship violence, and/or stalking (as defined herein) that involves any student as a complainant, respondent, and/or witness, including dates, times, locations, and names of parties and witnesses.

"Qualified" means

the employee needs to be able to perform the essential functions of their position with an accommodation.

If multiple accommodations are effective

the employer can choose which to implement.

Force

the use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, intimidation (implied threats) and/or coercion that overcomes resistance.

Retaliation includes:

threatening intimidating harassing coercing and any other conduct that would discourage a reasonable person from engaging in activity protected under the Nondiscrimination Policy

All university employees and community members are strongly encouraged

to report to law enforcement any conduct that could potentially present a danger to the community or may be a crime under Florida law.

Coercion

unreasonable pressure for sexual activity. Coercion is more than an effort to persuade, entice, or attract another person to have sex. Conduct does not constitute coercion unless it wrongfully impairs an individual's freedom of will to choose whether to participate in the sexual activity.

Sex Discrimination

Any unlawful distinction, preference or detriment to an individual that is based upon an individual's sex that: (1) excludes an individual from participation in; (2) denies the individual the benefits of; (3) treats the individual differently with regards to; or (4) otherwise adversely affects a term or condition of an individual's employment, education, living environment, or participation in a university program or activity. Sex discrimination includes sexual assault/misconduct, sexual exploitation, relationship violence, stalking, sexual or gender-based harassment, retaliation, or complicity.

Sexual Harassment

Any unwelcome sexual advance, request for sexual favors, or other unwanted conduct of a sexual nature, whether verbal, non-verbal, graphic, physical, or otherwise. Sexual Harassment may include inappropriate touching, acts of sexual violence, suggestive comments and public display of pornographic or suggestive calendars, posters, or signs where such images are not connected to any academic purpose. A single incident of nonconsensual sexual contact (as defined above) may be sufficiently severe to constitute sexual harassment.

Dean, Director, Department Head, and Supervisor Reporting Obligations

Deans, directors, department heads, and supervisors are required to report to the Office of Institutional Equity all relevant details about an incident of discrimination, discriminatory harassment and/or retaliation where either the complainant or the respondent is an employee or DSO.

How to Prepare to Search for a New Employee?

Determine whether a search committee is required by reviewing: University's Search and Screening Guidelines (http://Links to an external site.www.oie.ucf.edu/documents/SearchScreeningGuidelines.pdfLinks to an external site.) A&P Hiring Guide (http://Links to an external site.www.oie.ucf.edu/documents/APHiringGuide.pdfLinks to an external site.) Faculty Hiring Guide (http://Links to an external site.www.oie.ucf.edu/documents/FacultyHiringGuide.pdfLinks to an external site.) If the committee required, assemble the search committee. Develop a job description. Develop job postings. Develop a recruitment strategy. If you believe that your position is not required to submit to the search process, you must receive permission to proceed without a search PRIOR to hiring an individual to fill the position. Please contact OIE or Human Resources for assistance.

Gender-Based Harassment

Discriminatory harassment that is based on gender, sexual orientation, gender identity, or gender expression, which may include acts of aggression, intimidation, or hostility, whether verbal or non-verbal, graphic, physical, or otherwise, even if the acts do not involve conduct of a sexual nature.

Hostile Environment

Discriminatory harassment that is so severe or pervasive that it unreasonably interferes with, limits, deprives, or alters the terms or conditions of education (e.g., admission, academic standing, grades, assignment); employment (e.g., hiring, advancement, assignment); or participation in a university program or activity (e.g., campus housing), when viewed from both a subjective and objective perspective.

Quid Pro Quo

Discriminatory harassment where submission to or rejection of unwelcome conduct is used, explicitly or implicitly, as the basis for decisions affecting an individual's education (e.g., admission, academic standing, grades, assignment); employment (e.g., hiring, advancement, assignment); or participation in a university program or activity (e.g., campus housing).

Requests for Reasonable Accommodations are explored on a case-by-case basis through an interactive process.

Employee requests are facilitated by the Office of Institutional Equity Student requests are facilitated by the Office of Student Accessibility Services.

qual Employment Opportunity (EEO

Employment practices under which no individuals are excluded from consideration, participation, promotion or benefits because of a protected class. EEO is achieved through Affirmative Action.

Confidential employees and resources at the University of Central Florida are the following:

Health Services employees Counseling and Mental Health Services employees Employee Assistance Program employees Ombuds Office employees Victim Services employees Student Legal Services employees Volunteer chaplains

Examples of relationship violence may include, but are not limited to:

Slapping; Pulling hair; Punching; Strangling; Damaging another person's property; Driving recklessly to scare someone; Name calling; Humiliating another person in public; Harassment directed toward a current or former partner or spouse; and/or Threats of abuse such as threatening to hit, harm, or use a weapon on another (whether complainant or acquaintance, friend, or family member of the complainant), or other forms of verbal threats.

Authority includes:

Teaching Formal mentoring/advising Supervision of research Employment as assistant Responsibility over grades/degree

Americans with Disabilities Act (ADA)

A disability is a physical or mental impairment that "substantially limits one or more major life activities." Major life activities include activities that are central to most people's lives, as well as the operation of major bodily functions. For example, multiple sclerosis may limit the major life activity of walking, or AIDS/HIV may limit the functioning of the immune system.

Privileged Communication

A private statement that must be kept in confidence by the recipient for the benefit of the communicator. Some examples of a privileged communication are statements made between an attorney and a client, a doctor and a patient, and a priest and a penitent.

Responsible employees are not required to (but may) report disclosures that occur under one of the following circumstances:

1. Public Awareness Events (i.e. Light Up the Night, Clothesline Project, Survivor Speak-Outs) 2. Participation as a subject in IRB- Approved research 3. Coursework submitted to an instructor in connection with a course assignment.

Protected Classes at UCF

Age, Color, Genetic Info, Learning Disability, Marital Status, Past or Present history of mental disability, intellectual disability, physical disability, veteran's status, national origin, ethnicity, race, religion and non-religion, sex (including pregnancy and parental status), sexual orientation, gender identity or expression, political affiliations.

Undergraduate Students

All employees and DSOs are prohibited from pursuing or engaging in an amorous relationship with any undergraduate student.

Graduate Students

All employees are prohibited from pursuing or engaging in an amorous relationship with a graduate student under that individual's authority.

Employment Context

All employees are prohibited from pursuing or engaging in an amorous relationship with an employee whom they supervise.

Child Abuse Reporting Obligations

All university employees and DSOs are mandated reporters of child abuse, neglect or abandonment as defined by Chapter 39 of the Florida Statutes and must comply with Florida's mandated reporting laws, which require any person who knows, or has reasonable cause to suspect, that a child is abused, abandoned, or neglected to report such knowledge or suspicion to the Department of Children and Families (DCF), regardless of where it occurs. For purposes of this section, the age of the person at the time of the incident of child abuse, neglect, or abandonment (not the time when the employee is made aware or has reasonable cause to suspect the abuse) triggers the reporting duty.

Employee Reporting Duties

An employee's responsibility to report under the Nondiscrimination Policy is governed by their role at the university.

Making a Title IX Report

Complainants (or others who become aware of an incident of Prohibited Conduct) are encouraged to report the incident to the university by contacting the Office of Institutional Equity (OIE) by telephone, email, or in-person during regular office hours (8am-5pm, M-F): Office of Institutional Equity Barbara Ying CMMS 12701 Scholarship Drive, Suite 101 Orlando, FL 32816-0030 (407) 823-1336 | [email protected] httpLinks to an external site.://Links to an external site.www.oie.ucf.edu/Links to an external site.

Inappropriate behavior may include

Making unwelcome suggestive or insulting sounds, such as whistling and cat calls Repeatedly asking someone for a date after the person has expressed disinterest Unwanted sexual teasing, jokes, remarks, or questions Giving unwelcome personal gifts, such as flower Sexual innuendos or stories Personal questions about social or sexual life Unwelcome comments on a person's body, dress, appearance, gender, sexual relationships, activities, or experience Telling lies or spreading rumors about a person's sex life Displaying or transmitting sexually suggestive electronic content, including inappropriate e-mails

There are two types of Sexual Harassment

Hostile Environment and Quid Pro Quo.

Amorous Relationships

In 2017, UCF passed an Amorous Relationship policyLinks to an external site. with clear language about employees pursuing or engaging in relationships with students and others where there might be an imbalance of power. An Amorous Relationship is any intimate, sexual, and/or any other type of amorous encounter or relationship, whether casual or serious, short-term or long-term

Evaluation of Application Materials

Minimum Qualifications: Critical knowledge, skills, and/or education and experience an applicant must have to perform the core job responsibilities. Preferred Qualifications: Additional desired job-related education, experience, skills, competencies, and credentials. Not essential to the position but may enhance a candidate's ability to perform the job. Consistency and objectivity: Determine how criteria will be applied prior to beginning applicant evaluation and apply the same criteria to all applicants. Examine possible implicit bias.

Stalking may include, but is not limited to:

Non-consensual communications (face-to-face, telephone, email) Threatening or obscene gestures Surveillance/following/pursuit Showing up outside the targeted individual's classroom or workplace Sending gifts and/or notes (romantic, bizarre, sinister, or perverted) Making threats

Direct Support Organization

Organization that is certified by the University of Central Florida Board of Trustees as operating in a manner consistent with the goals of the university and the best interest of the state of Florida.

Graduate Students in Positions of Authority

Prohibited from serving in a position of authority over a student that had or has an amorous relationship.

Affirmative Action (AA)

Results-oriented practices/programs that eliminate the effects of discrimination and ensure equal employment opportunity in hiring or recruitment, transfer, promotion, or training.

Under the Clery Act, certain university employees are designated as Campus Security Authorities (CSAs

The function of a CSA is to report to the UCF Police Department those allegations of Clery Act crimes that they receive and believe were made in good faith. This includes crimes where the victim chooses to remain anonymous.

UCF Accommodation Process

The university is required to make a reasonable accommodation to the known disability of a qualified applicant or employee, as well as students. The university is not required to lower quality, production or conduct standards or fundamentally alter an academic program to make an accommodation.

Two primary categories of modifications or adjustments:

To the job application process To the work environment, or manner or circumstances under which the employee's duties are customarily performed

Sexual contact includes but is not limited to the following behaviors:

Touching, kissing, fondling (whether over or under clothing) of an individual for the purpose of sexual gratification; Contact, however slight, between the mouth, anus or sex organ of one individual with either the anus or sex organ of another individual; or Contact, however slight, between the anus or sex organ of one individual and any other object.

Disclosing a Pre-existing Relationship

Where there is a pre-existing amorous relationship that relationship must be disclosed to the Office of Institutional Equity (OIE), which may alert other offices as appropriate (i.e., Human Resources or the Office of the Provost). This disclosure must be made by the employee in a position of authority immediately if the student is an undergraduate, and prior to accepting a supervisory role of any type over any graduate student. Following the disclosure of an existing amourous relationship to the university, if the amorous relationship ends, the employee in a position of authority must immediately advise OIE and the relevant dean or vice president.

What Should I Include in a Report

Who - Names and identification numbers (student ID), phone number, email addressComplainantRespondentWitness What - What is the conduct that makes this a sex discrimination/sexual misconduct issue?What did the reporter observe?What actions have already been taken?Police already involved?Remedial Measures offered already? When - When did this event occur? Where - Where did this conduct occur?

Retaliation can include

actions taken by the university, actions taken by one student against another student, actions taken by an employee against another employee or student, or actions taken by a third party against a student or employee. See the University's Reporting Misconduct and Protection from Retaliation Policy in addition to the Nondiscrimination Policy.

The ADA requires

an individualized assessment of each request

Requests should be explored through

an interactive dialogue between the requestor and their supervisor. OIE facilities this dialogue. Employees needing accommodations should contact OIE directly.

Complicity

any act taken with the purpose of aiding, facilitating, promoting or encouraging the commission of an act of Prohibited Conduct by another person

Accommodations that cause "undue hardship" (i.e., significant difficulty or expense)

are not reasonable

Changing performance or conduct standards

are not reasonable accommodations (i.e., the employee still needs to be able to do a good job)