Employee Handbook

Sexual Harassment Policy

Policy to Prevent Sexual Harassment

Sexual harassment undermines the integrity of the academic and work environment, and prevents its victims and their peers from achieving their full potential. All members of the University community are entitled to work and study in an atmosphere free from sexual overtures or innuendoes that are unsolicited and unwelcome. It is the particular responsibility of those members of the University community who hold positions of authority over others to avoid actions that are or can be considered sexually abusive or unprofessional.

It shall be a violation of university policy for any officer, employee, student, or agent to sexually harass, as sexual harassment is defined below, any other officer, employee, student, visitor or agent. Sexual harassment is a type of misconduct which shall result in disciplinary action pursuant to University Rules 6C10-5.016 and 6C10-5.022 and the terms of any applicable collective bargaining agreement, or other corrective measures such as a requirement to undergo training or counseling. The level of the punishment shall be guided by the seriousness of the offense.

When an individual evaluates or supervises another individual with whom he or she has an amorous or sexual relationship, a conflict is created. The University discourages such amorous or sexual relations between employees and/or students. Such relationships, even when consensual, may be exploitive, and jeopardize the integrity of the educational process or work environment and may lead to charges of sexual harassment. The University requires the resolution of any conflict of interest created by these relationships.

The employee in a position of authority must resolve any actual or potential conflict of interest by taking necessary steps, including removing himself or herself from evaluative decisions concerning the other individual. If the person in authority is unable to resolve the conflict of interest, he or she is required to inform his/her immediate supervisor promptly. Failure to resolve potential or actual conflicts of interest shall result in disciplinary action.

It is expected that Deans, Chairs, Department Heads, Directors and other supervisors shall continue to monitor and take corrective action whenever instances of sexual harassment are either observed or reported to them. While the decision regarding resolution remains within the unit, all allegations of sexual harassment are to be immediately reported to the Office of Equal Opportunity Programs, which shall provide advice and monitor the university's actions and/or take action as required by Title VII of the Civil Rights Act of 1964, as amended, and Chapter 760, Florida Statutes.

For the purpose of this policy, sexual harassment is defined as conduct of a sexual nature which includes:

Verbal harassment or abuse of a sexual nature, including intimating by way of suggesting a desire for sexual relations, or making jokes or remarks of a sexual nature which are not germane to the workplace or to academic course content.

Displaying or posting through any medium, including, but not limited to, electronic communication, offensive sexually suggestive pictures or materials in the workplace.

Use of sexually suggestive terms or gestures to describe a person's body, clothing, or sexual activities.

Unwelcome physical contact of a sexual nature such as patting, pinching or unnecessary touching.

Overt or implied threats against an individual to induce him or her to provide sexual favors or to engage in an unwelcome sexual relationship.

For purposes of employment, sexual harassment is defined as unwelcome sexual advances, requests for sexual contact, and other verbal or physical conduct of a sexual nature from any person when:

Submission to such conduct is either explicitly or implicitly a term or condition of an individual's hire or employment, salary increase, position advancement or other employment-related benefits or a student's academic achievement; or

Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individuals or the evaluation of a student's academic achievement; or

Such conduct has the purpose or effect of interfering with an individual's work or academic performance or creating an intimidating, hostile or offensive work or academic environment.

It shall be a violation of the University's policy against sexual harassment for an employee or student to retaliate against someone who has made or filed a complaint against them alleging they have engaged in sexual harassment.

Anyone who knowingly files a false complaint of sexual harassment or who knowingly provides false testimony shall be subject to disciplinary action.

Procedure for filing a Complaint.

Information regarding the filing of an informal or formal complaint is available through the Office of Equal Opportunity Programs, Human Resources or the Office of the Dean of Students and shall be in accordance with the procedures described in the University Rule 6C10-1.003 Non-discrimination Policy and Discrimination Complaint Procedures.

A complaint should be filed with the Office of Equal Opportunity Programs within sixty (60) calendar days after the alleged occurrence of the harassment incident. In the case of a complaint by a student against a faculty member, the complaint must be filed within fourteen (14) calendar days of the beginning of class of the following semester.