Discrimination

FIU promotes a culturally diverse and inclusive working and learning environment where current and prospective faculty, staff, and students are treated fairly and valued for their individuality.

If any applicant, employee, or student has a good faith belief that they have been discriminated against or harassed based on age, color, disability, gender, marital status, ethnic/national origin, race, religion, retaliation, sexual harassment, or any other protected category, the Office of Equal Opportunity Programs and Diversity (EOPD) encourages him/her to complete the Discrimination Complaint Processing Form and submit it to our office on the Modesto A. Maidique Campus in PC-321. EOPD will investigate the complaint in accordance with University Policy and Procedures.

Discrimination Complaint Processing Form
FIU – 106 Regulation on Nondiscrimination, Harassment and Retaliation (Title VII)

Sexual Harassment

Harassment is a form of discrimination that encompasses unwelcome conduct based on a person’s protected status. Harassment in violation of FIU-105 depends on the totality of the circumstances, including the nature, frequency, and duration of the conduct in question, the location and context in which it occurs, and the status of the individuals involved. Harassing behaviors may include, but are not limited to:

  • Conduct, whether verbal, physical, written, graphic, or electronic that threatens, intimidates, offends, belittles, denigrates, or shows an aversion toward an individual or group.
  • Epithets, slurs, negative stereotyping, jokes, or nicknames.
  • Written, printed, or graphic material that contains offensive, denigrating, or demeaning comments or pictures.
  • The display of offensive, denigrating, or demeaning objects, e-mails, text messages, or cell phone images.

If any student, employee, or applicant has a good faith belief that they have been harassed or discriminated against by an employee based on age, color, disability, gender, marital status, military status, national origin, race, religion, or any other protected category, the Office of Equal Opportunity Programs and Diversity (EOPD) encourages them to fill out the Discrimination Complaint Processing Form. EOPD will investigate the complaint in accordance with university policy and procedures.

If you are a student who wishes to file a complaint of sexual harassment against a student, you may do so with Student Conduct and Conflict Resolution.

FIU – 105 Regulation on Sexual Misconduct (Title IX)

Title IX

“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance.”
-Title IX of the Education Amendments of 1972

The Commitment

Title IX prohibits discrimination on the basis of sex/gender in educational programs and activities receiving federal financial assistance. FIU is committed to providing an environment free of discrimination on the basis of sex/gender, including sexual harassment, sexual misconduct, sexual assault, relationship (dating and domestic) violence, and stalking. FIU provides resources and reporting options to students, faculty, and staff to address concerns related to sexual harassment and sexual violence prohibited by Title IX and university policy. Title IX requires all recipients of federal funding to have a Title IX Coordinator.

Find out more information on Title IX at FIU.

Title IX Frequently Asked Questions

Concerns in the Workplace

FIU values our diverse employee and student populations which contribute to the locally and globally engaged student-centered urban public research university. Your dedication and hard work is vital to the education, research, and outreach mission of FIU.

Given the vast and diverse populations, you may encounter some concerns in the workplace. Should this occur, there are various offices within the Division of Human Resources available to assist you.

Employee & Labor Relations (ELR)

Employee & Labor Relations’ (ELR) goal and objective is to ensure that the university is in compliance with federal, state, and local laws, Collective Bargaining Agreements, and university policies and procedures. ELR’s services are available to all university employees and can assist with the following:

  • Provide interpretations of university policies, Collective Bargaining Agreements, and applicable employment laws.
  • Provide supervisors sound and consistent advice in all ELR related matters to increase job productivity, engage employees, improve job performance, and reduce turnover.
  • Consult and assist employees with issues, concerns, or difficulties they may be experiencing at the workplace.
  • Advise HR Liaisons and university administrators by providing information, tools, and training in ELR matters.
  • Consult and advise management of the progressive disciplinary process and implementation of actions.
  • Provide assistance in performance management.
  • Mediate between employees and/or supervisors who may be challenged with work issues that are impacting the workplace.

If you wish to discuss a matter with ELR confidentially, ELR will oblige to the extent possible. If the matter involves unlawful conduct or is critical to the interests of the university, an investigation may be necessary and information gathered may need to be shared on a need-to-know basis. Further, if information disclosed rises to allegations of unlawful activity including but not limited to discrimination or sexual harassment, ELR has an obligation to report the allegations to the appropriate office (i.e., Office of Equal Opportunity Programs and Diversity, University Police, Student Conduct, etc.).

Equal Opportunity Programs and Diversity (EOPD)

Equal Opportunity Programs and Diversity (EOPD) has overall responsibility for the oversight, direction, and management of FIU’s Equal Employment Opportunity, Affirmative Action, and nondiscrimination policies. EOPD, along with the administration, strives to maintain an inclusive environment free from discrimination and harassment.

Equal Employment Opportunity Commissions accomplish this by:

  • Promoting a culturally diverse and inclusive working and learning environment where current and prospective faculty, staff, and students are treated fairly and valued for their individuality.
  • Advancing, upholding, reaffirming, and monitoring policies and procedures that ensure the university complies with all applicable federal, state, local laws.
  • Communicating the university’s commitment of inclusivity by conducting trainings in a number of key areas including EEOC policies, Affirmative Action (AA) legislation, Americans with Disabilities Act (ADA), sexual misconduct (SM), as well as diversity policies, procedures, programs, and initiatives.
  • Assisting with the coordination of reasonable and appropriate accommodations for employees with documented disabilities.
  • Investigating complaints of unlawful discrimination on the basis of any federally protected category including sex, race, religion, color, national origin, age, people with physical or mental disabilities, sexual orientation, sexual identity, pregnancy discrimination, and veterans of the United States military.
  • Serving as the liaison to the Board of Governors and federal agencies regarding Affirmative Action and equal opportunity guidelines and compliance.

Office of Employee Assistance (OEA)

Office of Employee Assistance (OEA) is the faculty/staff employee assistance program of FIU. The OEA provides confidential professional assistance, without charge, to help employees and their families resolve personal problems that affect their personal lives or job performance. OEA’s mission is to enhance the quality of life of FIU faculty and staff, improve personal effectiveness, and to create a healthier campus community by providing mental health assessments, brief interventions and/or referrals, small group facilitations, crisis response, and customized educational and training programs.

Complaints and Grievances

Employee & Labor Relations (ELR) can provide feedback and assist employees who wish to escalate a concern. The information below outlines the difference between a complaint and grievance and provides information on how the different matters may be handled.

Complaints

The university encourages informal resolution to a complaint or work-related concern employees may have either with their supervisor or within their department. Below are the most commonly asked questions concerning the university procedures for resolving complaints in the workplace and the steps for filing a complaint.

Should I discuss my complaint with my supervisor?

We encourage all employees to first speak with their supervisor and give him/her an opportunity to address the issue. However, if your complaint involves your current supervisor and/or you do not feel comfortable discussing it with him/her, you are encouraged to contact the next level supervisor/department head, or you may contact ELR.

What if I am not satisfied with my supervisor’s decision?

If you are not satisfied with the decision your supervisor has made, you have the option to contact the next level supervisor/department head or ELR for assistance. If you elect to contact ELR, a representative will meet with you to discuss the nature of your complaint and recommend solutions to the matter at hand.

Are my conversations with ELR confidential?

If an employee requests that the meeting be kept confidential, ELR will oblige to the extent allowed under law. If an employee discloses illegal activity, including discrimination or sexual harassment, ELR is duty bound to report such matters which may lead to a full scale investigation. ELR makes every attempt to keep the complainant’s identity anonymous but cannot make such guarantees.

What protection do I have against retaliation?

Retaliation against an employee for filing a complaint is prohibited. If you feel you have been subjected to retaliation, you should contact ELR immediately.

Grievances (in-unit employees only)

The university encourages the informal resolution of employee complaints. To that end, employees should present complaints for review and discussion as soon as possible to a university representative who has authority to address such complaint (e.g., supervisor, next-level supervisor, department head, etc.). Review and discussions should be held with the goal of reaching an understanding and resolution to the complaint in a manner satisfactory to the employee without the need for recourse to the formal grievance procedure prescribed in the Collective Bargaining Agreements (CBA). If the complaint is not resolved by an informal discussion, the employee may proceed to file a grievance consistent with the provisions of his/her respective Collective Bargaining Agreement. A grievance is defined as a dispute filed with the supervisor concerning the interpretation or application of a specific provision of the Collective Bargaining Agreement.

ELR administers the formal grievance and arbitration process for all in-unit employees, with the exception of faculty (faculty should refer to the UFF Collective Bargaining Agreement or contact Academic Affairs at (305) 348-2168). The formal grievance process is followed according to the provision of each Collective Bargaining Agreement. Therefore, if you believe your complaint was not satisfactorily addressed by your supervisor, you have the option of filing a formal grievance and should follow the steps outlined in the respective Collective Bargaining Agreement.

Please refer to the Collective Bargaining Library with all current agreements.