Graduate Assistants United -- University of South Florida / Nondiscrimination

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8.1 Policy. Neither the University nor UFF-USF-GAU shall discriminate against any employee based upon race, color, sex, religion, national origin, age, veteran status, disability, or marital status, consistent with federal and state law, nor shall the parties discriminate based upon sexual orientation or membership or non-membership in a union. The University agrees that personnel decisions, including reappointment, promotion, evaluation and disciplining of an employee, shall be based solely on job-related criteria and performance.

A. Sexual harassment is a form of prohibited sex discrimination which is prohibited both by law and University policy. In Meritor Savings Bank v. Vinson, 106 S. Ct. 2399 (1986), the United States Supreme Court defined sexual harassment (29 CFR 1604.11a) in the employment context as including the following:
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.

B. To promote an environment at the University which is free from unlawful discrimination and harassment, graduate assistants are encouraged to report immediately any concerns regarding discrimination or sexual harassment. Graduate assistants acting in a supervisory capacity (including supervisors of laboratories) or teaching capacity are required to report allegations from their students or those they supervise regarding discrimination, including sexual harassment, to appropriate administrators. Appropriate administrators include, but are not limited to, the employee’s immediate supervisor, graduate coordinator, department chair, or Dean, or administrators in the University’s Diversity and Equal Opportunity Office (DEO) or Human Resources Department.

C. Claims of discrimination, including sexual harassment, must be processed with the University DEO office rather than through the Article 11 grievance process. Employees who file a complaint with DEO will be notified of their right to file a complaint with outside agencies. More information may be located at the DEO website.

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