Nondiscrimination Policy and Complaint Procedures

Florida Tech Nondiscrimination and Anti-Harassment Policy

Applies to:	Original Policy Date:	Date of Last Review:	Approved by:
Students, faculty, employees, third parties	Draft on 8/26/2024	September 2024	Dr. John Nicklow, President

Policy Owner: Office of Title IX and Equal Opportunity

Notice of Non-Discrimination

Florida Institute of Technology does not discriminate on the basis of race, color, gender, religion, sexual orientation, national origin, disability, genetic information, age, pregnancy or parenting status, veteran status, or retirement status in its activities and programs. In accordance with Title IX of the Education Amendments of 1972, Florida Tech does not discriminate on the basis of sex in admission and employment. Inquiries concerning the application of the non-discrimination policy may be directed to the University Title IX Coordinator at 150 West University Blvd, Melbourne, FL 32901, or at titleixcoordinator@shorinji-kempo.net, or +1321-309-3068; or to the U.S. Department of Education Office for Civil Rights website http://www2.ed.gov/about/offices/list/ocr/index.html, E-Mail: ocr@ed.gov or call 1 800-421-3481.

Policy Purpose

Florida Tech is committed to providing equal opportunity in all university programs and activities and a campus work and study environment free from any form of discrimination, harassment, and retaliation based on a protected class under law.

This Nondiscrimination and Anti-Harassment Policy serves to outline the university’s response to claims of discrimination and harassment based on any individual's race, color, creed, national or ethnic origin, gender, gender identity or expression, religion, disability, age, sexual orientation, genetic information, marital status, citizenship status, veteran status, and any other legally protected characteristic.

Policy Statement

This policy is designed to ensure an inclusive and accessible learning and work environment at Florida Tech and to comply with all applicable state and federal laws that prohibit discrimination, harassment including but not limited to: Title VI and VII of the Civil Rights Act of 1964, the Americans with Disabilities Act Amendments Act, the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, Title IX of the Education Amendments Act of 1972, the Pregnancy Discrimination Act of 1978 and other federal and state laws that prohibit discrimination and harassment on the basis of a protected category in university program and activities.

Other prohibited conduct under university policy:
This policy and the associated procedures are established to provide a means to address complaints of discrimination and/or harassment based on protected classifications under law. Other prohibited conduct under university policy not based on a protected classification may be referred to the Office of Student Conduct or Human Resources for proceedings under their respective policies.

Intersect with Florida Tech Title IX Sexual Harassment Policy:
Any reports of discrimination or harassment brought forth with regard to this policy that intersect with Florida Tech Title IX Sexual Harassment Policy shall be evaluated by the Title IX Coordinator as to the proper forum for the investigation and resolution of the matter. Where the Florida Tech Title IX Sexual Harassment has been determined by the Title IX Coordinator to be applicable, the matter will be addressed under Title IX Sexual Harassment Complaint Procedures.

Policy Scope

This Nondiscrimination and Anti-Harassment Policy applies to all students, employees, and third parties and extends to all aspects of the university program, including but not limited to admissions, employment, access, benefits, or participation in any University programs and activities. This policy and accompanying procedures apply to speech and conduct that occur on campus, off campus, social media, or other online platforms where such conduct may constitute discrimination or harassment under this policy and may have the effect of creating a hostile or abusive work or learning environment in any university program or activity.

Anyone with questions about this policy or their rights under this policy should contact:

Pat Francois, Director of Human Resources and Equal Opportunity
321-674-7277 | pfrancois@shorinji-kempo.net

Kelsey Garrett, Senior Deputy Title IX Coordinator and Equal Opportunity Investigator
Denius Student Center, room 214 | 321-674-7153 | kgarrett@shorinji-kempo.net or titleixccordinator@shorinji-kempo.net

An electronic form may also be used to file a report. The form can be accessed at: http://cm.maxient.com/reportingform.php?FloridaInstofTech&layout_id=8

Right to file complaint with Law Enforcement:
If a violation of this policy may also violate a criminal law, impacted individuals are encouraged to report their complaint to the local law enforcement authority, where the incident occurred.

Melbourne Police Department: 321-608-6731
Palm Bay Police Department: 321-952-3456
Brevard County Sheriff: 321-253-6658

Any person making a complaint under this policy may pursue a complaint with the University and local law enforcement simultaneously.

Definitions

When used in these procedures, the following defined terms begin with capital letters.

Complaint: An oral or written report filed by a Complainant, Responsible Employee, Third Party, or Director of Equal Opportunity or designee alleging discrimination and/or harassment under Florida Tech Non-Discrimination and Anti-Harassment Policy.

Complainant: (1) A student or employee who is alleged to have been subjected to conduct that could constitute discrimination or harassment under this policy or (2) A person other than a student or employee who is alleged to have been subjected to conduct that could constitute discrimination or harassment under this policy and who was participating or attempting to participate in the university’s education program or activity at the time of the alleged discrimination or harassment.

Respondent: means a person who is alleged to have violated the recipient’s prohibition on sex discrimination.

Discrimination: Conduct or speech that denies an individual participation in or access to the benefits of a university program or activity or adversely affects an individual in the terms, conditions, or privileges of the individual’s academics or employment because of the person’s race, color, religion, gender, age, marital status, national origin, ancestry, alienage, physical or mental disability, sexual orientation, gender identity or expression, genetic information or any other characteristic protected by law.

Harassment: Unwelcome conduct or speech based on a protected class (race, color, religion, gender, age, marital status, national origin, ancestry, alienage, physical or mental disability, sexual orientation, gender identity or expression, genetic information or any other characteristic protected by law) that is severe or pervasive enough that it unreasonably interferes with an individual’s work or academic performance, terms or conditions of employment, or participation or ability to benefit from a university program, or creates an intimidating, hostile or abusive environment for study, work or social living.

Unwelcome conduct under this policy may include, but is not limited to, offensive jokes, slurs, epithets or name calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, and interference with work or academic performance.

Hate Crimes: Hate crimes are a type of bias-motivated act or behavior in which the conduct constitutes a criminal offense against persons or property. Hate crimes are defined as follows and must be reported to the Florida Tech Security Department at 321 674 – 8112 (Non-Emergency) or 321- 674 – 8111 (Emergencies):

Hate Crimes are criminal offenses committed against a person or property which is motivated, in whole or in part, by the offender’s bias.

Bias is a preformed negative opinion or attitude toward a group of persons based on their race, gender, religion, gender identity, disability, sexual orientation, national origin, or ethnicity.

*For Clery reporting purposes, these criminal offenses are only reportable when motivated by hate and/or bias:

*Larceny: The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another.

*Vandalism: To willfully or maliciously destroy, injure, disfigure, or deface any public or private property, real or personal, without the consent of the owner or person having custody or control by cutting, tearing, breaking, marking, painting, drawing, covering with filth, or any other such means as may be specified by local law.

*Intimidation: To unlawfully place another person in reasonable fear of bodily harm through the use of threatening words and/or other conduct, but without displaying a weapon or subjecting the victim to actual physical attack.

*Simple Assault: An unlawful physical attack by one person upon another where neither the offender displays a weapon, nor the victim suffers obvious severe or aggravated bodily injury involving apparent broken bones, loss of teeth, possible internal injury, severe laceration or loss of consciousness.

Supportive Measures: Non-disciplinary, non-punitive individualized services offered, as appropriate, and reasonably available, and without fee or charge, that are designed to restore or preserve equal access to the University’s Education Programs or Activities without unreasonably burdening another party, including measures designed to protect the safety of all parties implicated by a report or the University’s education environment, or to deter discrimination and harassment. Supportive measures may include counseling, extensions of academic or other deadlines, course-related adjustments, modifications to work or class schedules, campus escort services, changes in work or housing locations, leaves of absence, increased security, and monitoring of certain areas of campus, and other similar measures. Supportive Measures may also include mutual restrictions on contact between the parties implicated by a report.

Investigator: An Investigator is a trained person (who may be the Director of Equal Opportunity &Title IX Coordinator, EO Investigator, Deputy Title IX Coordinator, another University Official, or a suitable third party) designated or retained by Florida Tech to investigate Complaints of Discrimination and/or Harassment under this policy.

Informal Resolution Officer: A trained person (who may be the Director of Equal Opportunity &Title IX Coordinator, EO Investigator, Deputy Title IX Coordinator, another University Official, or a suitable third party) designated or retained by Florida Tech to facilitate an informal resolution process for Complaints of Discrimination and/or Harassment under this policy.

Remedies: Measures provided, as appropriate, to a complainant or any other person the university identifies as having had their equal access to education program or activity limited or denied by discrimination or harassment. These measures are provided to restore or preserve that person’s access to the university education program or activity when a determination that discrimination or harassment occurred.

Retaliation: Intimidation, threats, coercion, or discrimination against any individual for the purpose of interfering with any right or privilege secured by the Nondiscrimination and Anti-Harassment Policy, accompanying procedures, or applicable law or because the individual has made a report or Complaint, testified, assisted, or participated or refused to participate in any manner in an investigation or other process under these procedures. Retaliation may include, but is not limited to, harassment, discrimination, threats, or adverse employment action. Any person or group within the scope of these procedures who engages in retaliation is subject to a separate Complaint of Retaliation under these procedures.

Nothing in this definition precludes the university from requiring an employee or other person authorized by the university to provide aid, benefit, or service under the university’s education program or activity to participate as a witness in, or otherwise assist with, an investigation, proceeding, or hearing under this policy.

Disciplinary sanctions:
Are consequences imposed on a Respondent following a determination under this policy that the respondent’s conduct or speech violated university Nondiscrimination and Anti-Harassment policy.

Procedures/Guidelines

Responsible Employees and Reporting:

All Florida Tech employees (Title IX coordinator, deputy Title IX coordinators, all faculty, administration, athletic, human resources, public safety, student affairs, and student paraprofessional staff, Resident Advisor, Orientation Leaders and all student employees under contract) other than confidential resources acting in their capacity as confidential resources are deemed as “Responsible Employees” of the university.

A responsible employee is required to:

(A) File a report with Office of Equal Opportunity, Human Resources or Campus Security when the employee has information about conduct that reasonably may constitute discrimination or harassment under this policy and/or

(B) Provide the contact information of the Office of Equal Opportunity, Human Resources, or Campus Security and information about how to make a complaint to any person who shares with the employee information about conduct that reasonably may constitute discrimination or harassment under this policy. Failure to do so may result in disciplinary action, up to immediate suspension or termination.

The requirements of a Responsible Employee in this policy do not apply to an employee who has personally been subject to conduct that reasonably may constitute discrimination or harassment under this policy.

Amnesty Policy

The University strongly encourages victims and other individuals to report all potential violations of this policy and medical emergencies. It is likely that many Complainants may be hesitant when it comes to reporting conduct that may violate another University policy because of fear that they personally may be accused of violating policies in connection with the incident they are reporting. Underage drinking is a common example of conduct that may have occurred during such an incident. Because of the importance of reporting discrimination and harassment, and in order to encourage reporting, the University will not charge a Complainant who reports a violation of this policy, even though the Complainant may have participated in a nonviolent violation of the Code of Conduct or University policy (e.g., unauthorized use of alcohol).

Advisor of Choice:

All Parties (Complainant, Respondent, and Witnesses) involved in an investigation shall have the right to be accompanied by an advisor of choice, who may or may not be an attorney, to all investigative meetings. Limits on the role of an advisor shall be applied equally to both the Complainant and Respondent. The advisor will play a passive role and is not permitted to communicate on behalf of a party, insist that the communication flow through the advisor, or communicate with the University about the matter without the party being included in the communication.

In the event a party’s advisor of choice engages in material violation of the parameters specified here, the University may preclude the advisor from further participation, in which case the party may select a new advisor of choice. The University is not required to provide a party with an advisor in any circumstance.

Bad Faith Complaints and False Information:

It is a violation of this policy for any person to submit a complaint that the person knows, at the time the complaint is submitted, to be false or frivolous. It is also a violation of this policy for any person to knowingly make a materially false statement during the course of an investigation under this policy. Violations of this Section are not subject to the investigation and adjudication processes in this policy; instead, they will be addressed under the Code of Student Conduct in the case of students and University policies and standards, as applicable under Human Resources, for employees and other persons.

Confidential Resources:

Are those campus and community professionals who can maintain legally protected confidentiality within the University. The University provides confidential on-campus resources where Complainant may discuss an alleged incident without having to report the incident to the Title IX Coordinator or law enforcement.

The following are designated confidential sources of support at Florida Institute of Technology:

Student Counseling Center 321 674 8050 http://4kur.shorinji-kempo.net/student-counseling-center/
Student Health Center 321 674 8078 http://4kur.shorinji-kempo.net/health/
Campus Chaplain-Catholic 321 674 8045 http://4kur.shorinji-kempo.net/ccm/
Employee Assistance Program (Staff and Faculty) 877 398 5816
Ombudsperson Student Ombuds - Kristen Nelson Phone: 321-309-3038 Email: Ombuds@shorinji-kempo.net Office location: Evans Library Suite 136

Emergency Removal:

At any time after receiving a complaint that may constitute discrimination, harassment and/or retaliation under this policy, the university may remove a student or employee Respondent from one or more of the University’s educations programs or activities on a temporary basis. Any such removal will be based upon an individualized safety and risk analysis that determines the Respondent poses an immediate threat to the physical health and safety or emotional safety of the Complainant or any individual within the Florida Tech community arising from the allegations of discrimination and/or harassment justifying removal.

In the event the university imposes an interim removal, the Respondent will be provided with written notice of the removal from Director of Equal Opportunity for students and VP of Human Resources for employees. Emergency removal may include but not limited to campus restriction, class or work reassignment, removal from campus housing, suspension, or administrative leave (paid or unpaid) in the case of a Respondent who is a non-student employee (administrator, faculty, or staff).

The University, in its discretion, may place an employee on administrative leave at any time after receiving a report of discrimination, harassment, and retaliation, including during the pendency of the investigation. For all other Respondents, including independent contractors and guests, the University retains broad discretion to prohibit such persons from entering its campus and other properties at any time and for any reason.

Violations of interim measures, such as University no-contact orders and access restrictions, may also constitute cause for emergency removal under this policy when such conduct poses an immediate threat to the physical health and safety or emotional safety of the other party or any individual within the Florida Tech community.

Outside Appointments, Dual Appointments, and Delegations:

The University retains the discretion to retain and appoint suitably qualified persons who are not University employees to fulfill any function of the University under this policy, including, but not limited to, the investigator, hearing officer, administrative officer, informal resolution officer, and/or appeals officer. The University also retains the discretion to appoint two or more persons to jointly fulfill the role of investigator and/or informal resolution officer.

Range of Disciplinary Sanctions:

Factors considered when determining sanctions include, but are not limited to, the nature and egregiousness of the behavior, any prior misconduct and sanctions, and impacts of the behavior. The sanction for employees (staff and faculty) who are found responsible for a violation of this policy is a referral to the Vice President for Human Resources to evaluate whether the determination of responsibility warrants disciplinary action in accordance with employment policies or other applicable policies.

The possible sanctions are:

Written warning
Educational sanction
Probation
Persona non grata
Restitution or fine
Loss of university and/or campus privileges
Campus housing probation, removal from housing, loss of housing privileges
Suspension from university
Expulsion from university
Paid or unpaid administrative leave
Demotion, divisional separation, non-reappointment, or denial of promotion
Termination of employment
Restriction on eligibility to represent the university at any official function or in any intercollegiate competition
Restriction or revocation of other university privileges
No contact orders
Cancellation of pre-registration
Hold being placed on the student’s record, and/or preventing the awarding of a degree
Other sanctions deemed appropriate by the university.

If a suspension is imposed on a student, it may be for part of a semester, a full semester, an entire academic year, multiple years, or indefinitely. An employee may be suspended for any length of time determined appropriate, placed on paid or unpaid leave of absence, terminated, or placed on any other disciplinary sanction by the Vice President of Human Resources or their designee.

Academic Freedom:

The University will construe and apply this policy consistent with the principles of academic freedom recognized by University policy. In no case will a Respondent be found to have committed Sex Discrimination based on expressive conduct that is protected by the principles of academic freedom recognized by the University.

Vendors, Contractors, and Third Parties:

The University does business with various vendors, contractors, and other third parties who are not students or employees of the University. Notwithstanding any rights that a given vendor, contractor, or third-party Respondent may have under this policy, the University retains its right to limit any vendor, contractor, or third-party’s access to campus for any reason. The University retains all rights it enjoys by contract or law to terminate its relationship with any vendor, contractor, or third-party irrespective of any process or outcome under this policy.

Amendment of Policies and Discretion in Application:

Where appropriate, these policies and grievance procedures may be modified or amended by the university at any time and for any reason. The University retains the discretion to interpret and apply this policy in a manner that is not clearly unreasonable, even if the University’s interpretation or application differs from the interpretation of the parties.

Despite the University’s reasonable efforts to anticipate all eventualities in drafting this policy, it is possible unanticipated or extraordinary circumstances may not be specifically or reasonably addressed by the express policy language, in which case the University retains the discretion to respond to and, where appropriate, modify or amend these policies and grievance procedures to address the unanticipated or extraordinary circumstance in a way that is not clearly unreasonable.

The provisions of this policy and the grievance procedures referenced herein are not contractual in nature, whether in their own right or as part of any other express or implied contract. The procedures outlined in this Policy are for internal complaints raised by individual community members or third party and nothing in this Policy limits the University’s ability to address behavior that it determines is inconsistent with their expectations, policies, standards, or values.

The Policy is not intended to, nor does it, create any contractual, legal, or other right for any individual and does not impose any contractual or legal obligation on the University. Accordingly, the University retains the discretion to revise this policy and the grievance procedures at any time and for any reason. The University may apply policy revisions to an active case provided that doing so is not clearly unreasonable.

Grievance Procedures

Members of the university community, guests, and visitors have a right to be free from sex discrimination and harassment based on a protected category. These grievance procedures apply regardless of the complainant’s or respondent’s status as a student, employee, or third party, sexual orientation, sex, gender identity, age, race, nationality, religion, or any other characteristic, position, or identity.

The grievance procedures contained herein have been developed to enable the university to receive, investigate, and resolve complaints of discrimination and harassment based on a protected category. Additionally, these procedures are designed to provide a supportive process for individuals who report discrimination/harassment and to ensure a fair process for individuals who are accused of discriminatory or harassing conduct.

The University will investigate all allegations of discrimination and harassment based on a protected category in a manner that is prompt, fair, equitable, and, when appropriate, offer Informal Resolution to resolve the Complaint.

Filing a Complaint

Complaints can be made orally or in writing to the Office of Equal Opportunity to:

Pat Francois, Director of Human Resources and Equal Opportunity
Email: pfrancois@shorinji-kempo.net
Phone: 321-674-7277

Kelsey Garrett, Equal Opportunity Investigator & Senior Deputy Title IX Coordinator
Denius Student Center, room 214
Email: kgarrett@shorinji-kempo.net
Phone: 321-674-7153

An electronic form may also be used to file a report. The form can be accessed at: http://cm.maxient.com/reportingform.php?FloridaInstofTech&layout_id=8

Hate Crimes: Hate crimes are a type of bias-motivated act or behavior in which the conduct constitutes a criminal offense against persons or property.

Hate crimes are defined as follows and must be reported to:
Florida Tech Security Department
321 674 – 8112 (Non-Emergency)
321- 674 – 8111 (Emergencies):

Melbourne Police Department – 321 608 6731
Palm Bay Police Department – 321 952 3456
Brevard County Sheriff – 321 253 6658

Any person making a complaint under this policy may pursue a complaint with the University and local law enforcement simultaneously

Receipt of Compliant and Initial Assessment

All reports of alleged violations of this policy are initially reviewed by the Director of Equal Opportunity or designee. After receiving a report, the Director of Equal Opportunity or designee will conduct a preliminary assessment to determine whether the conduct, as reported, falls, or could fall within the scope of this policy; and whether the conduct, as reported, constitutes or could constitute discrimination and/or harassment under this policy.

If the Director of Equal Opportunity or designee determines that the conduct reported could fall within the scope of the policy, and/or could constitute discrimination and or harassment under this policy, if investigated, the Director of Equal Opportunity or designee will proceed to contact the Complainant. The Director of Equal Opportunity or designee may consolidate Complaints against Respondent or by more than one Complainant against one or more Respondents where the allegations arise out of the same facts or circumstances.

Dismissal of Complaint

If the Director of Equal Opportunity or designee determines that the conduct reported could not fall within the scope of the policy and/or could not constitute discrimination or harassment under this policy, even if investigated, the allegations will be dismissed, and notification of dismissal sent to the reporting party if doing so is consistent with the Family Educational Rights and Privacy Act (“FERPA”). Additionally, the Director of Equal Opportunity or designee may refer the report to the Office of Student Conduct or Human Resources as appropriate.

Standard of Evidence

The standard of evidence to be used to determine respondents’ responsibility is the preponderance of the evidence (more likely than not) standard. This standard shall be used for all complaints and grievance procedures involving students, employees, and third parties and the burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibly rest on University, not the parties.

Contacting the Complainant

If a report is not dismissed as a result of the preliminary assessment and the Complainant’s identity is known, the Director of Equal Opportunity or designee will promptly contact the Complainant to discuss the availability of supportive measures, rights under grievance procedures and steps to initiate the grievance procedures; determine whether interim measures pending resolution of the matter are appropriate and required immediately or upon commencement of resolution.

Interim measures may include but are not limited to, a safety plan, schedule change, temporary removal of the Respondent from the workplace or academic program, if warranted, and other workplace and/or academic accommodations.

The Complainant will also be provided options for filing complaints with the local police and information about resources that are available on campus and in the community. The notice will inform the Complainant that they may have an advisor of their choice, who may be, but is not required to be an attorney, assist them throughout the grievance process.

Notice of Allegations

Upon receipt of a Complaint, the Investigator or Informal Resolution Officer will provide Notice of Allegations to the Respondent. The Notice of Allegations will include:

Notice of University Nondiscrimination and Anti-Harassment grievance process;
Notice of University of informal resolution process and Investigation process accordingly
Notice of the allegations of Discrimination and/or Harassment, including:
The identities of the parties involved in the incident, if known,
The alleged conduct or speech, and
The date and location of the incident, if known.
Notice that the parties may have an advisor of their choice, and that the advisor may inspect and review evidence.

Notice of Meetings, Interviews, etc.

Parties and witnesses will be provided notice of any meeting and/or interview, and/or with sufficient time, approximately three (3) days, to prepare to participate. This notice will include the date, time, location, participants, and purposes of the meeting and/or interview.

Informal Resolution

Discretion to offer informal resolution in some circumstances. In lieu of resolving a complaint through the grievance procedures, the parties may instead elect to participate in an informal resolution process if approved by the Director of Equal Opportunity or designee. The University has the discretion to determine whether it is appropriate to offer an informal resolution process when it receives information about conduct that reasonably may constitute discrimination or harassment under this policy and may decline to offer an informal resolution despite one or more of the parties' wishes.

Either party must not be required or pressured to participate in an informal resolution process and the parties' voluntary consent to the informal resolution process must be received in writing before commencing an informal resolution process.

The Director of Equal Opportunity or designee will assign a trained Informal Resolution Officer (who may be the Director of Equal Opportunity &Title IX Coordinator, EO Investigator, Deputy Title IX Coordinator, another University Official, or a suitable third party) who does not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent to facilitate the informal resolution process.

Potential terms that may be included in an informal resolution agreement include but are not limited to:
(i) Restrictions on contact; and
(ii) Restrictions on the respondent's participation in one or more of the university programs or activities or attendance at specific events that could have been imposed as remedies or disciplinary sanctions had the Respondent been found responsible for violating university nondiscrimination and anti-harassment policy.

The Informal Resolution Officer will provide both Complainant and Respondent with an informal agreement letter with the agreeable terms at the conclusion of the informal resolution process. Complainant may opt for an investigation at any time during the informal resolution process if parties cannot come to an agreement in the informal resolution process.

An informal resolution process, once completed, is not subject to appeal.

Investigation of a Complaint

The University will conduct a prompt, fair, and impartial investigation following a Complaint and Notice of Allegations when parties are not able to resolve the Complaint through the Informal Resolution Process.

The Director of Equal Opportunity or designee will assign a trained Investigator(s) (who may be the Director of Equal Opportunity &Title IX Coordinator, EO Investigator, Deputy Title IX Coordinator, another University Official, or a suitable third party) to conduct a prompt, fair and impartial investigation.

Request for confidentiality
The University will make all reasonable efforts to honor requests for confidentiality, to the extent reasonable under this policy. However, it must be understood that while some concerns or complaints can be resolved without disclosing one's identity, successful resolution may not always be achieved under such circumstances, and the University's ability to investigate the complaint or proceed with appropriate corrective or disciplinary action may be prevented or significantly limited.

Notification of Allegations and Investigation

Upon receipt of a Complaint, the Investigator(s) will provide Notice of Allegations and Investigation to parties and witnesses, including any meeting and/or interview. The parties will be given sufficient time, approximately three (3) days, to prepare to participate.

Participation, Witnesses and Access to Evidence

During an investigation, the investigator(s) will provide an equal opportunity of participation for the parties to be interviewed, to present witnesses, and to present other inculpatory and exculpatory evidence.

Notwithstanding the foregoing, the investigator(s) retains the discretion to limit the number of witness interviews the investigator conducts if the investigator finds that testimony would be unreasonably cumulative if the witnesses are offered solely as character references and do not have information relevant to the allegations at issue. The investigator(s) will not restrict the ability of the parties to gather and present relevant evidence on their own.

All parties and witnesses involved in the investigation are expected to provide complete and truthful information throughout the investigation process. In some cases, the investigator may interview the parties on more than one occasion.

Refusal to participate

In the event a Complainant refuses to participate under these procedures, the University may proceed as a Complainant without the participation of the alleged victim where the appropriate University Designated Official determines that doing so is necessary to protect the safety of the Florida Tech community.

In the event a Respondent refuses to participate, the complaint procedures will be completed despite the Respondent's lack of participation, which may result in a finding of responsibility in absentia. Employees who fail to cooperate and/or participate may face discipline, up to and including termination.

Access to evidence

Additionally, the investigator(s) will provide each party with an equal opportunity to review the evidence that is relevant to the allegations of discrimination and/or harassment with a reasonable opportunity to respond to the evidence. The parties and their advisors are permitted to review the evidence solely for the purposes of this grievance process and may not duplicate or disseminate the evidence to the public.

The University retains the right to keep some or all identifying information about Complainants, Respondents, and Witnesses confidential (including but not limited to any educational or employment record) in its sole discretion and in accordance with all applicable legal requirements during the grievance process under this policy.

Such information deemed confidential by the university will not be shared with parties or their advisor(s) and will not be part of any investigative report, evidence review, decision letter or appeal letter.

Credibility Assessment

The investigator(s) may question parties and witnesses to adequately assess a party's or witness's credibility to the extent credibility is both in dispute and relevant to evaluating one or more allegations of discrimination and/or harassment.

In assessing credibility, an investigator will consider the following:

Consistency of each party’s or witness's account of the alleged conduct or speech over time
Corroboration of accounts by the parties and witnesses regarding the alleged conduct or speech
Relationship between parties and witnesses
Motive or bias to give an inaccurate account
Inherent plausibility/logic of account
Corroboration with other evidence

Documentation of Investigation and Investigative Report

The investigator(s) will take reasonable steps to ensure the investigation is documented. Interviews of the parties and witnesses may be documented by the investigator’s notes, audio recorded, video recorded, or transcribed.

The particular method utilized to record the interviews of parties and witnesses will be determined by the investigator(s) in the investigator’s sole discretion, although whatever method is chosen, an investigative report summarizing fact findings and relevant evidence will be documented by the investigator(s) and shared with the appropriate decisionmaker.

Decisionmaker

In all cases where the Complaint is not resolved through informal resolution, The Director of Equal Opportunity or designee will assign a trained Decisionmaker (who may be the Director of Equal Opportunity &Title IX Coordinator, EO Investigator, Deputy Title IX Coordinator, another University Official, or a suitable third party) shall assign a decisionmaker to adjudicate the complaint.

The decisionmaker selected shall be trained, impartial, and not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent.

The decisionmaker may be the same person as the Director of Equal Opportunity &Title IX Coordinator, EO Investigator, Deputy Title IX Coordinator, another University Official, or a suitable third party

Written Decision

After the adjudication is complete, the decisionmaker will objectively evaluate all relevant evidence collected during the investigation, together with any statements by complainant, respondent, or witnesses, and make a determination based on the preponderance of the evidence (more likely than not) standard, regarding whether a violation of university Nondiscrimination and Anti-Harassment has occurred.

Employee Respondent

In the event the decisionmaker determines that an Employee Respondent is responsible for violating this policy, the decisionmaker will, prior to issuing a written decision, consult with the Vice President of Human Resources or designee, and such official will determine if any interim action (such as paid or unpaid administrative leave) shall be imposed pending the outcome of an appeal.

Student Respondent

In the event the decisionmaker determines that a Student Respondent is responsible for violating this policy, the decisionmaker will, prior to issuing a written decision, will consult with the Director of Equal Opportunity or designee to determine if any interim action (such as campus access & other campus privilege restrictions, etc.) shall be imposed pending the outcome of an appeal.

Any interim action will be reasonably calculated to stop the violation and prevent its recurrence.

After reaching a determination and consulting with the appropriate University official specified above, the decisionmaker will prepare a written decision.

It shall include:

Identification of the allegations made in the complaint constituting discrimination and/or harassment under university policy
A description of the procedural steps taken by the University – including notification to the parties, interviews with the parties and witnesses, site visits, methods used to gather non-testimonial evidence, and the date, location, etc.
Findings of fact supporting the decision, conclusions regarding the University’s Nondiscrimination and Anti-Harassment Policy to the facts, and a statement of and rationale for the determination that a violation of the Nondiscrimination and Anti-Harassment Policy did or did not occur
The interim action determined by the appropriate University official
Whether the Complainant will receive any ongoing support measures or other remedies
A description of the University’s grounds for appeal.

The decisionmaker's written determination will be transmitted to the parties via email or mail, or in person letter. Transmittal of the written determination to the parties concludes the adjudication, subject to any right of appeal as specified in “Appeals.”

Although the length of each adjudication by a decisionmaker will vary depending on the totality of the circumstances, the University strives to issue the decisionmaker's written determination within fourteen (14) days of the conclusion from receipt of the investigative report from the investigator(s).

Appeals

The Complainant or Respondent may appeal a decisionmaker's determination but not an informal resolution. Both parties may participate equally in the appeal process, even if the party did not file the appeal. The appeal must be made within five (5) days of the date the parties receive written notification of the determination by the Decisionmaker.

An appeal must be in writing, submitted to the Director of Equal Opportunity or designee, and specify the basis for the appeal, explain in detail why the appealing party believes the appeal should be granted, and articulate what specific relief the appealing party seeks.

The original finding is presumed to have been decided reasonably and appropriately by a preponderance of the evidence, and the only grounds for appeal are as follows:

A procedural irregularity affected the outcome
New evidence, unavailable through the exercise of reasonable due diligence during the original investigation that could have affected the outcome. The person filing the appeal must include a description of this new evidence, why it was not available during the investigation, and how it could affect the outcome of the investigation.
The investigator, or decisionmaker had a conflict of interest or bias for or against Complainants or Respondents generally, or against the individual Complainant or Respondent, that affected the outcome.

No other grounds for appeal are permitted.

The Director of Equal Opportunity or designee will determine the appropriate Appeals Officer for evaluating the appeal (who may be another University Official or a suitable third party). The appeals officer shall also be provided with any records from the investigation and adjudication necessary to resolve the grounds raised in the appeal.

Appeal Procedures

The appeals officer will conduct an initial evaluation to confirm that the appeal is timely filed and that it invokes at least one of the permitted grounds for appeal. If the Appeal Officer determines that the appeal is not timely or that it fails to involve a permitted of the same to the parties.

If the appeal officer confirms that the appeal is timely and invokes at least one permitted ground for appeal, the appeal officer or designee will provide written notice to the other party that an appeal has been filed and that the other party may submit a written opposition to the appeal within five (5) days.

Upon receipt of any opposition, or after the time period for submission of an opposition has passed without one being filed, the appeal officer will promptly decide the appeal and transmit a written decision to the parties that explains the outcome of the appeal and the rationale.

The appeals officer’s decision is the final determination of the University of violations of university Nondiscrimination and Anti-Harassment Policy. Although the length of each appeal will vary depending on the totality of the circumstances, the University strives to issue the appeal officer’s written decision within twenty-one (21) days of an appeal being filed.

The determination of a Complaint by a decisionmaker becomes final when the time for appeal has passed with no party filing an appeal or, if any appeal is filed, at the point when the appeal officer has resolved all appeals, either by dismissal or by transmittal of a written decision.

Employee Respondent

The appeal officer shall notify both the Respondent and Director of Equal Opportunity of the outcome of the appeal, and the Director of Equal Opportunity will notify the Vice President of Human Resources or designee and such official will determine if any disciplinary sanctions shall be imposed on the respondent. The specific sanction imposed will be commensurate with the level of offense, range of disciplinary sanctions and in accordance with applicable laws, regulations, policies, and procedures as determined by Human Resources.

Student Respondent

The appeal officer shall notify both the Respondent and Director of Equal Opportunity of the outcome of the appeal, and the Director of Equal Opportunity will determine if any disciplinary sanctions shall be imposed on the respondent.

The specific sanction imposed will be commensurate with the level of offense and range of disciplinary sanctions outlined in this policy.

The University recognizes that some offenses are so serious that suspension, dismissal, or termination of employment may be warranted on the first occurrence. The University’s response is based on several factors, including the severity of the conduct and any prior policy violations, and aims to prevent problems from recurring and remedy any discriminatory effects on a Complainant or others in university programs and activities.

Compliance Reference

Enforcement

The Director of Equal Opportunity is the person at the University with the authority to institute corrective measures on the University’s behalf pursuant to this policy. Complaints of Discrimination, Harassment, and Retaliation All individuals are encouraged to promptly report conduct that may violate this policy to:

Pat Francois, Director of Human Resources and Equal Opportunity
321-674-7277
pfrancois@shorinji-kempo.net

Kelsey Garrett, Senior Deputy Title IX Coordinator and Equal Opportunity Investigator
Denius Student Center, room 214
321-674-7153
kgarrett@shorinji-kempo.net or titleixccordinator@shorinji-kempo.net