2017-2018 Faculty Handbook

Investigation

Informal: The equity officer will attempt to resolve the allegation informally by meeting with both parties, either individually or together. The informal resolution process is an attempt to resolve complaints quickly and to the satisfaction of all parties, while protecting confidentiality to the extent authorized by law. The aim of the informal dispute resolution is not to determine whether there was intent to, or actual discrimination, harassment and/or sexual harassment, but to ensure that the alleged discriminatory and/or, harassing conduct ceases and the matter is resolved promptly at the lowest possible level. Both parties must agree to an informal resolution process. The equity officer will complete the informal investigation within 30 working days.

If the complaint is resolved by mutual agreement of the parties, the matter will be considered settled. The equity officer will file a written report outlining the result of the informal complaint to both parties and the president within 15 working days of final resolution of the informal complaint.

Formal: If the complaint cannot be resolved informally, the complainant shall file a formal, written complaint with the equity officer.

All complaints should be in writing. The College of Central Florida Complaint Form is available to assist with filing of formal complaints. The form may be obtained from the equity officer or from the college website at http://pr.cf.edu/files/procedures/EmployeeComplaints.pdf. Written complaints may also be submitted in the form of a letter or memo. The complaint should include the following:

  1. complainant's name and signature

  2. description of the act or acts complained of

  3. identity of the person or persons involved in the complaint (the "respondents")

  4. date(s) on which alleged acts occurred

  5. names and contact information of potential witnesses

  6. effect the alleged acts have had on the complainant

  7. complainant’s desired resolution

  8. any other information the complainant believes is relevant.

Written complaints must be filed within ten working days after receipt of the informal report. Upon receipt of the written complaint, the following will occur:

  1. The equity officer will review the formal complaint process with the complainant and provide a copy of the applicable college policy and procedure.

  2. The equity officer will notify the president and the appropriate department administrator of the formal complaint.

  3. The equity officer will conduct a prompt and thorough investigation by reviewing documents and interviewing witnesses.

    1. Any persons thought to have information or evidence relevant to the complaint shall be interviewed and such interviews shall be appropriately documented.

    2. If determined necessary, an appropriate level senior administrator will conduct interviews jointly with the equity officer.

    3. While interviewing witnesses, the equity officer will not disclose information gathered from witness interviews to anyone other than the complainant and respondent. Both the complainant and the respondent have the right to know the statements made and the identification of persons making statements.

    4. The equity officer may remind a reluctant witness that it is his or her duty to cooperate with the investigation.

    5. The equity officer may secure any information that was given during the informal process.

    6. Other acceptable methods for gathering information include, but are not limited to, visual inspection of offensive materials and follow-up interviews as necessary.

    7. In determining whether the alleged conduct constitutes discrimination, harassment and/or sexual harassment, the totality of the circumstances, the nature of the conduct, frequencies, and the context in which the alleged conduct occurred will be investigated.

  4. The equity officer will provide a copy of the written complaint to the respondent.

  5. The equity officer will file a written report with the appropriate vice president and the president within 30 working days after the formal complaint has been filed. The report shall include (1) an outline of the basis of the complaint, (2) the names of the persons involved, (3) a description of the facts of the case that were in dispute, (4) a description of the findings of the investigation and (5) the final resolution of the investigation.

  6. The equity officer will meet individually with the complainant and respondent to discuss the findings and provide a written summary of the overall findings. The college will take appropriate action to ensure nondiscrimination.