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Discrimination Grievance Policy

Policy

Federal and state laws protect employees and students against discrimination. University policies have been developed to explain that protection and to offer solutions quickly when discrimination is alleged on the basis of race, sex, national origin, religion, disability, age, veterans status, marital status or parental status.

Students, employees, applicants for employment or admission, or persons with a disability who sought to use a University program or service are encouraged to consider the UCF Discrimination Grievance Procedure when a concern is identified. While there are agencies at the federal and state levels which also investigate discrimination, using UCF's procedure lets the University move quickly to review the problem and to decide how to solve it.

When a discrimination grievance is filed, the Office of Equal Opportunity and Affirmative Action Programs' representative will discuss the issue with the grievant. Options for filing with external agencies will be outlined, as will on-campus options for Faculty, Administrative and Professional, University Support Personnel System employees, students, and applicants. Then, an investigation plan and time line will be prepared.

Employees and students are welcome at any time to choose another forum (such as a collective bargaining grievance procedure or the student grievance procedure), but investigations initiated under the Discrimination Grievance procedure may cease when another internal forum is activated. Grievants must carefully consider their options since use of one may foreclose use of another.


Authority

The Office of Equal Opportunity and Affirmative Action Programs is responsible for investigating allegations of discrimination. This authority is delegated from the University President, who has the obligation to ensure that discriminatory practices and/or policies are prohibited at the University of Central Florida.

When such practices or policies are identified, recommendations to the President will suggest corrective strategies. The President will assign implementation of the remedy(ies) and corrective action.

These actions may include a specific remedy for the person filing the grievance; policy changes; disciplinary action against the alleged discriminating official; reconsideration of an action; or other remedies. A monitoring schedule also may be prescribed. This list is not exhaustive.

The relevant laws that must be followed by UCF include, but are not limited to:


  • Title VII of the 1964 Civil Rights Act, as amended
  • Title VI of the 1964 Civil Rights Act, as amended
  • Title IX of the Educational Amendments of 1972
  • Age Discrimination in Employment Act of 1967
  • Section 504 of the Rehabilitation Act of 1973
  • Executive Order 11246, as amended
  • Florida Educational Equity Act, 1984
  • Americans with Disabilities Act, 1990

Other guidelines and interpretations also must be observed, including strategies drawn from current case law provided as guidance from General Counsel and university procedures for responsibilities delegated to the university from the Florida Board of Governors.


Coverage

Discrimination in employment and student enrollment is prohibited on the basis of:


  • Race/ethnic group identification
  • Sex (includes sexual harassment, which interferes with the working or learning environment. Discrimination on the basis of pregnancy is prohibited also.)
  • National origin
  • Religion
  • Disability (a physical or mental condition that substantially limits one or more major life activities)
  • Age (over 40 under federal law, but there are no age limits specified in the state laws) Veteran's status as a Vietnam-era veteran, or disabled veteran, under specific definitions
  • Marital status, or parental status (students)

Additional prohibitions exist to protect the rights of persons with a disability who seek to access University programs or services in addition to employment and enrollment

The Office of Equal Opportunity and Affirmative Action Programs will determine during the intake phase whether the claim, if substantiated, would show a violation of university policy.


Rights of the Grievant

Federal and state laws protect every person who files a discrimination grievance, or who assists in the investigation in any way, from acts of retaliation. Confidentiality of files and information will be maintained in accordance with federal and state law. It is the philosophy of this office that the most effective resolutions depend on informal contacts with the individuals involved. Highly formalized hearings and depositions may be necessary, but development of evidence and attempts at resolution will precede such steps.

All discrimination grievances which request an individual remedy must carry the signature of the grievant authorizing investigation of the issue(s). Those which anonymously allege discrimination will be attended to as time permits or during the investigation of alleged patterns of unlawful practices. Signed authorizations to investigate will be dealt with as described in the section titled "The Investigation Process."

Grievants who activate another forum before or during this process shall notify the EO/AA office promptly.