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Discrimination Grievance Policy

Policy

Federal and state laws prohibit discrimination by UCF in employment, enrollment, and programs of the university. University policies have been developed to explain that protection, add another basis, and offer solutions quickly when discrimination is alleged on the basis of race, color, religion, sex, national origin, age, disability, marital status, sexual orientation, gender identity, gender expression, and veteran status (as protected under the Vietnam Era Veterans Readjustment Assistance Act).


Students, employees, applicants for employment or admission, or individuals with a disability who sought to use a University program or service are encouraged to consider utilizing 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 (EO/AA) will determine jurisdiction. An EO/AA representative will discuss the accepted issues with the grievant. Options for filing with external agencies will be outlined, as will on-campus options for Faculty, Administrative & Professional, University Support Personnel System employees, students, applicants for employment or enrollment, and invitees. Then, an investigation plan and time line will be prepared.


Faculty members, staff, 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. The University President delegates this authority, following the obligation to ensure that discriminatory practices and/or policies are prohibited at the University of Central Florida.


When EO/Aa identifies such practices or policies, 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.


UCF must follow certain relevant laws which include, but are not limited to:

 

  • Age Discrimination in Employment Act of 1967
  • Americans with Disabilities Act Amendments Act, 2008
  • Civil Rights Act of 1991
  • Equal Pay Act of 1963
  • Executive Order 11246, as amended
  • Florida Civil Rights Act, 1992
  • Florida Educational Equity Act, 1984
  • Genetic Information Nondiscrimination Act, 2008
  • Sections 503, 504 of the Rehabilitation Act, 1973
  • Title VII of the 1964 Civil Rights Act
  • Title VI of the 1964 Civil Rights Act
  • Title IX of the Educational Amendments, 1972


The University also must observe certain regulations, guidelines, and interpretations. These include Executive Order 11246, as amended; 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

the University prohibits discrimination in employment and student enrollment on the basis of:

 

  • Race/ethnic group identification
  • Color
  • Religion
  • Sex (includes unlawful sexual harassment, which interferes with the working or learning environment. Discrimination on the basis of pregnancy is prohibited also.)
  • National origin
  • Age (over 40 under federal law, but there are no age limits specified in the state laws)
  • Disability (a physical or mental condition that substantially limits one or more major life activities)
  • Marital status
  • Sexual orientation
  • Gender identity (an individual’s self-perception of being male, female, or both)
  • Gender expression (the manifestation of an individual’s self-perception of being maile, female, or both)
  • Veteran status as a Vietnam-era veteran, under specific definitions


Additional prohibitions exist to protect the rights of individuals 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 UCF Regulation 3.001 or other prohibitions.


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. EO/AA follows the philosophy 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.

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