OP-C-7-I DIVERSITY AND EQUAL OPPORTUNITY

OP-C-7-I1 AMERICANS WITH DISABILITIES ACT

OVERVIEW
Florida State University is committed to a policy ensuring that persons with disabilities are not unlawfully discriminated against and that they have equal opportunity and equal access to all the rights and privileges enjoyed by those who are not disabled. Florida State University will comply with all provisions of the Americans with Disabilities Act of 1990 and will provide, upon request, reasonable accommodations to qualified individuals with a disability.

Please contact Andy Snuggs in the Office of Diversity and Equal Opportunity for any questions regarding the policies pertaining to the Americans with Disabilities Act. ( asnuggs@admin.fsu.edu   850-645-1458 )

OP-C-7-I2 EMPLOYEE GRANT-IN-AID

Section 1001.74 and 1001.75, Florida Statutes

OBJECTIVE
The Florida State University's Grant-in-Aid (GIA) Program is intended to attract, develop and retain high-performing, qualified staff, as well as foster workplace diversity at all levels.

OVERVIEW
The Florida State University's Employee Grant-in-Aid Program helps to enhance and maintain the University's status as an "employer of choice" and as a "great place to work." This initiative is among various University strategies intended to attract, develop and retain high-performing staff and foster workplace diversity at all levels. Faculty, University Support Personnel System (USPS) and Administrative and Professional (A&P) staff may apply, according to eligibility standards set by a committee.

A. COORDINATION
The GIA Program is coordinated by the Human Resources' Office of Diversity and Equal Opportunity, which acts as staff for the GIA Selection Committee. The President or President's designee appoints the Committee. The Committee reviews all applications and makes recommendations to the President regarding finalists.

B. ELIGIBILITY
To be eligible for the award, applicants must be U. S. citizens or permanent residents and full-time, salaried employees. Also, applicants must submit a completed application form with appropriate attachments; two letters of nomination for the award, including one from their immediate supervisor and/or department head; a resume; and, all post-high school transcripts no later than the published deadline.

C. CRITERIA
The Selection Committee reviews each eligible applicant's submitted information and numerically ranks each applicant, based upon the following points system:

1. Applicant is pursuing a degree in an under-represented discipline/field or employment area: Yes=3; No=0

 

2. Academic Performance-Based on GPA: 3.0 to 4.0 = 3; 2.5 to 2.9 = 2; and 2.0 to 2.4 = 1

 

3. Expected graduation date with grant: Less than one (1) year = 3; Less than two (2) years = 2; and two (2) to five (5) years = 1

 

4. Need-Based: Applicant will receive no additional financial aid = 3; Applicant will receive additional financial aid = 2

 

5. Motivation/commitment and qualifications based on personal statement, resume and reference letters: Outstanding = 3; Above Satisfactory = 2; and Satisfactory = 1

 

6. Other Considerations: May include, but not be limited to, need, non-traditional discipline and strength of letters of recommendation. Maximum = 10

 

7. Maximum possible score = 25

D. FINAL RECOMMENDATIONS
The Selection Committee determines the finalists by adding total points assigned to each applicant from each Committee member. The applicant(s) with the highest composite score will be the recipient(s). The Chairperson then forwards the Committee's recommendations to the President for review and approval.

F. TIME FRAMES AND RECORDS
Applications and letters of nomination for the Employee Grant-in-Aid Program will be accepted for approximately six weeks during the Spring semester.

All records of the selection process, and transmittals thereof, will be maintained within the Human Resources' Office of Diversity and Equal Opportunity, unless otherwise authorized.

G. AWARD REQUIREMENTS
Grant-in-Aid applicants should have at least two (2) years employment in a regular University position at the time of application.

Grant-in-Aid recipients must:

1. Agree to continued employment with the University for a period of time equal to twice the length of the leave, excluding Summer term(s); and,

 

2. Successfully complete a course load during the award period consisting of major discipline core courses, full-time academic and/or relevant electives applicable towards their educational goal and/or practicum/internship; and,

 

3. Participate in any follow-up assessments that may be conducted with respect to program accountability through the Human Resources' Office of Diversity and Equal Opportunity.

H. OTHER PROGRAM INFORMATION
USPS recipients receive payment of their regular salary and benefits for up to two semesters, plus a $600 stipend per semester. During the award period, which is considered educational leave, the recipient is not required to work. The recipient's work unit may receive funding of up to $3,000 for each full-time semester of leave granted, with approval of the Human Resources' Office of Diversity and Equal Opportunity and the Grant-in-Aid Committee.

Faculty and A&P staff recipients receive their salaries and benefits for up to two semesters of leave with no requirement to work during the time the award is in effect. Funding of up to $5,000 per full-time semester of educational leave is available, with approval of the Human Resources' Office of Diversity and Equal Opportunity and the Grant-in-Aid Committee.

FORMS
    Employee Grant-in-Aid Application
    Personnel Replacement Report
    Promissory Note

OP-C-7-I3 EQUAL OPPORTUNITY, NON-DISCRIMINATION, AND NON-RETALIATION POLICY & PROCEDURES

POLICY STATEMENT
The Florida State University (University) is an affirmative action, equal opportunity employer supporting a culturally diverse educational and work environment. The University is committed to a policy of equal opportunity, non-discrimination and non-retaliation for any member of the University community on the basis of race, creed, color, sex, religion, national origin, age, disability, veteran's or marital status, or any other protected group status. This policy applies to faculty, staff, students, visitors, applicants, and contractors in a manner consistent with applicable federal and state laws, regulations, ordinances, orders and rules, and University's policies, procedures, and processes. It addresses all terms and conditions of employment in addition to student life, campus support services and/or academic environment.

The University expressly prohibits unlawful discrimination, harassment, or retaliation, whether in assumption, attitudes, acts, or policies. Conduct that intimidates by threat, brings about adversity, or creates a hostile environment, is contrary to the University's commitment of maintaining a harmonious, high performance work and educational environment.

Retaliation against an individual, who in good faith brings a discrimination or harassment complaint, participates in the investigation of a complaint, or engages in some other protected activity, is expressly prohibited and will be regarded as a separate and distinct cause for discipline under these procedures.

Specific Authority:
Florida Statute Chapter 760.10 Florida Civil Rights Act of 1992
FSU Regulations 6C2R-4.013 Non Discrimination Policies and Procedures
Executive Order 11246, as amended by Executive Order 11375 and 12088
Rehabilitation Act of 1973 (Section 504)
Title VI - Federal Civil Rights Act of 1964
Title VII- Federal Civil Rights Act of 1964
Title IX of the Educational Amendment Act of 1972
Equal Pay Act of 1963, as amended by the Educational Amendments of 1972
Age Discrimination in Employment Act of 1967, as amended
1978 Ban against Pregnancy Discrimination
Florida Hate Crime Reporting Act of 1989
Americans with Disabilities Act of 1990
Civil Rights Act of 1991

OBJECTIVES

The objective of this policy is to establish complaint procedures for any faculty, staff, students, visitors, applicants, and contractors who believe a harassing or discriminatory act has occurred. Upon submission of a complaint to the appropriate investigating authority, an impartial review will be conducted.

1. Scope and Coverage

The scope of this policy applies to all employment, business transactions, and academic practices involving the University.

2. Administration

The Office of Diversity and Equal Opportunity (DEO) is the internal authority within the University whose responsibility is to investigate applicant and employee formal complaints of discrimination. DEO also investigates any alleged retaliation against those who engage in or utilize the University's non-discrimination policies and procedures. DEO has full investigative authority. Complaints which are covered exclusively under the provisions of a valid collective bargaining agreement remain subject to those provisions.

The Office of Audit Services is designated to receive and investigate sexual harassment complaints and to maintain the records pertaining thereto. Sexual harassment is a form of discrimination based on a person's gender and is reviewed in a manner set forth pursuant to the University's policy. (See Audit Services' Policy on Sexual Harassment - http://www.auditservices.fsu.edu/sh/policy.html).

The Office of Multicultural Affairs is responsible for reviewing student complaints of unlawful harassment or discrimination on the basis of race, creed, color, sex, religion, national origin, age, disability, veteran's or marital status, or any other protected group status. Students who believe they have been unlawfully harassed or discriminated against are encouraged to contact the Office of Multicultural Affairs at multiculturalaffairs@admin.fsu.edu, 644-2450 or complete the FSU Student discrimination form at http://oma.fsu.edu/documents/FSU Discrimination Report.pdf.

3. Sanctions

Any person who has been determined to have violated this policy shall be subject to disciplinary action. The specific penalties imposed upon violators will be commensurate with applicable laws and/or in accordance with University rules, regulations, policies, procedures and collective bargaining agreements.

4. Falsification

It is a violation of this policy for anyone to knowingly make false accusations of discrimination, harassment, or retaliation. Any person who knowingly or intentionally files a false complaint or intentionally misrepresents or omits facts under this policy shall be subject to disciplinary action. Failure to prove a claim is not equivalent to a false allegation.

NON-STUDENT COMPLAINT PROCEDURES
The following procedures described in this document apply to all faculty, staff (A&P, USPS, and OPS), visitors, contractors, and applicants alleging violations of federal and state civil rights laws, and the Florida State University Equal Opportunity, Non-Discrimination, and Non-Retaliation Policy. These complaint procedures are internal to the University and have been adopted to demonstrate the University's commitment to an environment free from discrimination and retaliation.

1. Responsibilities

Any applicant, faculty member, or staff employee who has witnessed what is perceived to be a violation of this policy should promptly report that conduct to DEO, who will then proceed as appropriate. Any supervisor who has witnessed, becomes aware of, or receives a complaint of discrimination and/or retaliation involving a person within that supervisor's purview will be required to take prompt corrective action and promptly report the matter to DEO. Failure of the supervisor to take appropriate corrective action or to report the incident shall be in violation of this policy and shall constitute misconduct subject to disciplinary action. All parties are expected to fully cooperate in an investigation.

Complaints should be submitted to the DEO as soon as possible after the alleged discrimination or retaliation has occurred. DEO will conduct a prompt and thorough investigation. As a general rule, complaints asserted within 120 days of the alleged discriminatory or retaliatory act will be investigated by DEO. DEO will make reasonable efforts to investigate complaints brought forth that are more than 120 days old. All investigations will be completed thoroughly and as expeditiously as possible.

2. Filing a Complaint

To initiate a formal complaint, the aggrieved applicant, employee, or visitor, should submit a completed Discrimination and/or Retaliation Complaint Form to DEO or schedule an appointment with a DEO representative.

DEO will conduct an impartial review of complaints alleging discrimination, harassment, or retaliation. Due process will be provided for individuals against whom a formal complaint of discrimination or retaliation has been made. DEO will ensure prompt and corrective measures to remedy unlawful discrimination or retaliation at Florida State University.

a.	A private interview will be conducted by DEO with the Complainant to capture the alleged discriminatory or retaliatory conduct and the nature of the remedy desired.
b.	DEO, in consultation with the General Counsel's Office, will make a threshold determination as to whether, presuming the facts underlying the allegation(s) to be true and accurate, the substance of the allegation(s) constitutes a violation of University policy. This preliminary determination will be made within five (5) work days from the date of the initial intake, and may include a determination of whether a formal investigation is required and/or whether appropriate intervening measures are necessary in order to comply with the requirements of federal and state law.
c.	DEO may refer the Complainant to any other appropriate investigating authority for assistance if the allegations are not sufficient to warrant a discrimination and/or retaliation investigation. If the initial facts are sufficient to warrant an investigation, the matter will remain in DEO for further review and inquiry and all parties, Complainant and Respondent, will be given notice.
d.	The investigation may include, but is not limited to interviewing witnesses, collecting documentation, and seeking any additional information as necessary. DEO investigators shall have unrestricted access to all pertinent materials, records, reports and documents within the possession or control of the University, and shall be afforded the opportunity to interview all persons possessing relevant information. Investigation of complaints of discrimination and/or retaliation generally will be completed within sixty (60) work days from the date of the initial intake unless the parties agree to informally resolve their concerns.
e.	Informal resolutions of the complaint may be recommended by DEO. After obtaining consent from the parties involved, DEO will arrange for information to be shared between the parties regarding applicable issues and appropriate remedies. Failure to reach an amicable resolution will result in the continuation of the investigation.
f.	At the conclusion of the investigation, DEO will prepare a written summation of its findings and will render its determination as to whether the Complainant was subjected to unlawful adverse treatment in violation of the University's Equal Opportunity, Non-Discrimination, and Non-Retaliation Policy.
g.	A final written determination will be sent to the Complainant and Respondent, and the appropriate Vice President, Dean, Director and/or Department Head.
h.	If corrective action or disciplinary action is required as a result of a finding against the Respondent, applicable procedures under the Florida State University's Rules & Regulations will be followed.

3. Confidentiality

All complaints and other records in the custody of any unit of local government which relate to a complaint of discrimination relating to race, color, religion, sex, national origin, age, disability, and marital status are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until a finding is made relating to a probable cause, the investigation of the complaint becomes inactive, or the complaint or other records is made part of the official record of any hearing or court proceeding.

All parties involved in an investigation or hearing, including witnesses, shall keep information concerning the investigation confidential. Violations of the confidentiality of other persons involved in a formal complaint, if identified and confirmed, may result in disciplinary or corrective action.

OTHER FACULTY AND STAFF GRIEVANCE SOURCES
An individual who has a complaint that involves unlawful discrimination may pursue remedies with outside agencies such as the Florida Commission on Human Relations (FCHR). Employees may also file complaints of unlawful discrimination externally with the Regional Office of the Equal Employment Opportunity Commission (EEOC), the Office of Federal Contract Compliance (OFCCP), or utilize private counsel as desired. Any employee who feels that they have a complaint regarding issues impacting their employment, not based on unlawful discrimination, harassment, or retaliation, should first attempt to informally resolve the problem through communications with their immediate supervisor and if necessary, with the next level of supervision. If the problem is not resolved, additional resources for employees include the Employee and Labor Relations Office, the Employee Ombuds Program, the Office of the Dean of the Faculties, and the Employee Assistance Program.

Employees governed by collective bargaining agreements may utilize appropriate union grievance and appeal procedures.

OP-C-7-I4 SEXUAL HARASSMENT

OVERVIEW

Sexual harassment is a form of discrimination based on a person's gender. Sexual harassment is contrary to the University's values and moral standards, which recognize the dignity and worth of each person, as well as a violation of federal and State laws and University rules and policies. Sexual harassment cannot and will not be tolerated at Florida State University.

The Office of the University's Coordinator of Sexual Harassment Resolutions (the "Coordinator"), within the Office of Audit Services, is designated to receive and investigate sexual harassment complaints as set forth in the University's policy and to maintain the records pertaining thereto. (see Audit Services' Policy on Sexual Harassment - http://www.auditservices.fsu.edu/sh/policy.html)

The Office of Diversity and Equal Opportunity, Human Resources will assist the Coordinator in receiving complaints and performing investigations relative to University Support Personnel System (USPS) and Administrative and Professional (A&P) employees.

SPECIFIC AUTHORITY
Florida State University Sexual Harassment Policy

OP-C-7-I5 Waiver of Advertisement

Objective

This policy supports the University's continued commitment to implementing diversity and affirmative action initiatives. There may be occasions, when in the best interest of the University, FSU's policy to advertise all salaried positions for a minimum of seven days may be waived to fill positions.

Overview

The President has granted the Human Resources, Director of the Office of Diversity & Equal Opportunity the authority to waive advertising requirements of University faculty and staff positions under certain conditions. No waiver is required for faculty vacancies filled under the Provost's minority recruitment initiative.

Waivers of Advertising (also referred to as a "waiver of posting") are granted when evidence demonstrates a waiver will contribute to the achievement of unmet institutional benchmarks for employment, provided that it involves focused recruitment, or a position for which it is difficult to recruit candidates. The supervisor/hiring authority must obtain explicit approval from the appropriate Dean, Director, and or Department Head to seek/request a waiver. Under extraordinary circumstances a Waiver may also be requested for consideration as a business necessity in the event of unanticipated or other compelling circumstances. Such requests will require Vice Presidential approval.

Prior to the submission of a Waiver of Advertisement to the Office of Diversity and Equal Opportunity, supervisor/hiring authorities must ensure that proposed candidates meet the minimum qualifications of the position.

Procedure

The Waiver of Advertisement Request Form is to be submitted to the Director of the Office of Diversity and Equal Opportunity, and accompanied by the following documentation:

a.	The original, completed Waiver of Advertisement Request Form;
b.	The source from which the candidate was identified;
c.	The description of the specific circumstances and rationale for the request;
d.	The position description (A&P or USPS);
e.	The resume of the candidate; and,
f.	Any other pertinent information that should be considered: (e.g., other eligible, qualified candidates that were considered for the position; the proposed candidate has unique skills, abilities, and/or experiences that support the University's diversity, affirmative action or equity accountability initiatives).

The demographics of the University's population are constantly changing; it should not be assumed that a waiver request granted once for a department will be granted again for a similar situation. Waivers are granted on a case-by-case basis prior to any employment offers.

All questions relating to the Waiver of Advertisement Policy should be addressed to Human Resources, Office of Diversity & Equal Opportunity.