FlU Student Handbook 2017-2018 - page 141

Policies & Regulations
Discrimination includes failing to provide reasonable
accommodations, consistent with state and federal law,
to a qualified person with a disability.
This Regulation prohibits Harassment, which is a type
of Discrimination that occurs when verbal, physical,
electronic, or other conduct based on an individual’s
Protected Status interferes with that individual’s (a)
educational environment (e.g., admission, academic
standing, grades, assignment); (b) work environment
(e.g., hiring, advancement, assignment); (c) participation
in a University program or activity (e.g., campus housing);
and/or (d) receipt of legitimately requested services
(e.g., disability or religious accommodations), thereby
creating hostile environment harassment or quid pro quo
harassment, as defined below.
Hostile environment harassment:
conduct based on Protected Status that is so severe,
persistent, or pervasive that it alters the conditions of
education, employment, or participation in a University
program or activity, thereby creating an environment that
a reasonable person in similar circumstances and with a
similar identity would find hostile, intimidating, or abusive.
An isolated incident, unless sufficiently severe, does not
amount to hostile environment harassment.
Quid pro quo harassment:
Unwelcome conduct based
on Protected Status where submission to or rejection of
such conduct is used, explicitly or implicitly, as the basis for
decisions affecting an individual’s education, employment,
or participation in a University program or activity.
Consistent with the definitions provided above, below are
examples of conduct that constitutes Discrimination and
• May be blatant and involve an overt action, threat,
or reprisal; or may be subtle and indirect, with a
coercive aspect that is unstated but implied.
• May or may not include intent to harm.
• May not always be directed at a specific target.
• May be committed by anyone, regardless of
Protected Status, position, or authority. While there
may be a power differential between the Reporting
Party and the Responding Party (perhaps due to
differences in age or educational, employment, or
social status), Discrimination and Harassment can
occur in any context.
• May be committed by a stranger, an acquaintance,
or someone with whom the Reporting Party has a
current or previous relationship, including a romantic
or sexual relationship.
• May be committed by or against an individual or by
or against an organization or group.
• May occur in the classroom, in the workplace, in
residential settings, or in any other setting.
• May be a pattern of behavior or, if sufficiently severe,
a one-time event.
• May be committed in the presence of others when
the Reporting Party and Responding Party are alone,
or through remote communications, including email,
text messages, or social media.
• May take the form of threats, assault, property
damage, economic abuse, and violence or threats
of violence.
• May include harassing or retaliatory behavior
directed to a sexual or romantic partner, family
member, friend, or pet of the Reporting Party.
The University strongly discourages amorous or sexual
relations between employees (i.e., faculty and staff) and
students. Such relationships, even when consensual, may
be exploitive, and imperil the integrity of the educational
process or work environment. They may also lead to
charges of Sexual Harassment.
However, when an individual evaluates (including
academic evaluations) or directly supervises another
individual with whom he or she has an amorous or sexual
relationship, a conflict is created and that is Prohibited
Conduct. The University will take action to resolve any
conflict of interest created by these relationships.
Whenever a conflict of interest situation arises or is
reasonably foreseen, the employee in a position of
authority must resolve any potential conflict of interest
by taking necessary steps, including, but not limited to,
removing himself or herself from evaluative or academic
decisions concerning the other individual. If he or she is
unable to resolve personally the conflict of interest, he
or she is required to inform the immediate supervisor
promptly and seek advice and counsel in dealing with
the conflict. The employee, along with the supervisor,
is responsible for taking steps to ensure unbiased
supervision or evaluation of the employee or student.
Failure to resolve potential or actual conflict of interest
situations as described in this Regulation may result in
disciplinary action in accordance with University policies.
This Regulation does not preclude a division, college,
or department from having a stronger policy against
amorous or sexual relationship between employees or
between faculty and/or staff with students provided that
the policy is approved following the procedure set forth
in University Policy 150.205 Developing University-Wide
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