Non-Discrimination Policy | Embry-Riddle Aeronautical University

Effective Date: July 1, 2024

I. Purpose and Scope

To remedy and prevent discrimination against any employee or applicant on the basis of race, color, religion, sex/gender (including pregnancy, sexual orientation or gender identity)¹, national origin, age (over 40), disability, genetic information (predisposing genetic characteristic), protected veteran status or any protected category under applicable local, state or federal law. This includes protections for those opposing or reporting discrimination or participating in any grievance process on campus, with the Equal Employment Opportunity Commission or other human rights agencies.

This policy applies to all University employees.

¹ For any complaint alleging sex or gender discrimination, including sexual misconduct or sexual harassment, see the Title IX Sexual Harassment and/or University Sexual Misconduct Policy, which supersedes this policy.

II. Policy

Embry-Riddle Aeronautical University responds to all allegations of discrimination and harassment and takes steps to ensure that each situation is addressed according to applicable policies and legal requirements. This may include complaints of unfair treatment based on protected category, harassment by others in the workplace based on these characteristics, denial of a reasonable workplace accommodation or retaliation because of a complaint covered under this policy.

When the University becomes aware that a member of the University community may have been subjected to or affected by discriminatory and/or harassing behavior, the University will take prompt action, including a review of the matter and, if necessary, conduct an investigation, take appropriate action to stop the discrimination and/or harassment, and prevent future recurrence. The course of action taken by the University, including any disciplinary action, will depend on the particular facts and circumstances involved.

The University’s policies and procedures relating to harassment are not intended to inhibit or restrict free speech or the expression of ideas, nor is it the university’s intention to police employees’ personal lives outside of the workplace. It is important to be aware of the potential impact of actions or behavior occurring outside of work that unnecessarily bring unwanted, negative attention to Embry-Riddle or harm to others.

III. Compliance Responsibility

The Human Resources (HR) department is responsible for the investigation and resolution of all employee-related complaints of harassment and discrimination falling under this policy and oversees the University’s centralized response to ensure compliance with the Civil Rights Act, Age Discrimination in Employment Act, Americans with Disabilities Act, Equal Pay Act and all other relevant laws enforced by the Equal Employment Opportunity Commission (EEOC) and/or Office for Civil Rights (OCR) under the Department of Education (DOE).

Note: The Title IX Office is responsible for any Title IX-related regulations (e.g., discrimination based on sex/gender, sexual harassment, sexual misconduct, sexual assault, domestic violence, stalking, etc.) enforced by OCR.

IV: Contact Information

Human Resources

Campus	Name	Title	Phone	Email
University-wide	Andrea Hooper	Executive Director, Human Resources	386-226-7269	hoopera1@erau.edu
University-wide	Stephenie Jaworski	Employee Relations Manager	386-226-6995	hashs@erau.edu

Title IX Coordinator (sex- and gender-based claims)

Campus	Name	Title	Phone	Email
University-wide	Autumn Meyers	Executive Director, Title IX Compliance	386-226-6677	meyerspa@erau.edu

On-Campus Resources

Campus	Department	On-Campus Location	Phone/Email	Mailing Address
Daytona Beach	Campus Safety & Security	Building 175	386-226-6480 Emergency: 386-226-SAFE (7233)	1 Aerospace Blvd. Daytona Beach, FL 32114-3900
Prescott	Campus Safety & Security	Building 14	928-777-333	3700 Willow Creek Rd. Prescott, AZ 86301
Prescott	Center for Diversion & Inclusion	Building 16	928-777-3968 reskd@erau.edu	3700 Willow Creek Rd. Prescott, AZ 86301

Any complaints received by parties outside of Human Resources (such as a supervisor, advisor, co-worker, etc.) must be reported to Human Resources immediately.

Concerns of possible bias, conflict of interest, misconduct or discrimination by any investigators, or others involved in this resolution process, should be raised with the Vice President (VP) and Chief Human Resources Officer (CHRO).

To raise any concern involving possible bias, conflict of interest, misconduct or discrimination by the VP and CHRO, contact the university’s Title IX Coordinator at 386-226-6677 or meyerspa@erau.edu.

V. External Reporting

For Employee Complaints

Equal Employment Opportunity Commission (EEOC) ²

Miami District Office (Florida)
Miami Tower
100 SE 2nd Street, Suite 1500
Miami, FL 33131
Phone: 800-669-4000
Fax: 305-808-1758
TTY: 800-669-6820
ASL Video Phone: 844-234-5122

Phoenix District Office (Arizona)
3300 North Central Avenue, Suite 690
Phoenix, AZ 85012-2504
Phone: 800-669-4000
Fax: 602-640-5071
TTY: 800-669-6820
ASL Video Phone: 844-234-5122

² EEOC has jurisdiction over Title VII employment claims. Please consult http://www.eeoc.gov/field/index.cfm to locate your local office’s contact info.

VI. Reporting and Options for Addressing Discrimination and/or Harassment

The University encourages everyone to report all incidents of discrimination and/or harassment. When individuals feel that they have been subjected to discrimination and/or harassment or have observed discrimination or harassment of others, their options may include consulting with an HR representative or filing a formal complaint with the HR department.

The HR department responds to concerns of discrimination and/or harassment when made aware of all such concerns. Please contact an HR representative to discuss any concerns or complaints.

Note: For any complaint alleging sex or gender discrimination, including sexual misconduct or sexual harassment, see the Title IX Sexual Harassment Policy and/or the University Sexual Misconduct Policy, which supersedes this policy.

For all other complaints, follow the procedure outlined below.

VII: Complaints Against Faculty of Staff

When an individual wishes to file a formal complaint and would like a review of the matter and/or an investigation into concerns and/or disciplinary action against a faculty or staff member for violating the University’s harassment or discrimination policies, the individual may make a written complaint to the HR department.

The written complaint should identify the parties involved; describe the harassing or discriminatory behavior, including specifically when and where it occurred; and identify by name or description any witnesses and/or evidence. Written complaints should be treated as confidential and should be provided directly and only to the appropriate designated individual as listed above.

When appropriate, prior to or during the investigation, the University may take reasonable and appropriate interim measures to protect the safety and well-being of members of the University community, maintain the integrity of the investigative and/or resolution process, and deter retaliation. Examples may include a leave of absence (personal leave may be required to maintain paid status), no contact orders (only in extreme cases and where possible to maintain business operations), office moves, reassignment, etc.

The purpose of the investigation is to gather facts relating to the incident(s) outlined in the written complaint and to determine, using the clear and convincing ³ standard, whether it is more probable that the alleged behavior occurred, and, if so, whether it constitutes discrimination and/or harassment. The HR investigator assigned to the case will conduct a fact-finding inquiry that may include reviewing written statements, conducting interviews and documenting results, and gathering any other sources of evidence the investigator deems appropriate such as emails, text messages, photos, videos, etc. During the course of the investigation, the investigator may request guidance and/or assistance from other departments within the University.

While the length of an investigation will depend on a variety of factors, including the nature and scope of the allegations, the number of parties and witnesses, and the availability of parties and witnesses, the investigator will seek to conclude the investigation within 60 business days of receipt of the complaint.

Note: Embry-Riddle Aeronautical University expects faculty, staff and other members of the University community to cooperate fully in the investigation process. Any faculty or staff member who is the subject of or potential witness regarding a discrimination or harassment complaint and refuses to cooperate in an investigation is subject to discipline, up to and possibly including termination of employment.

Note: Adversarial hearings, including confrontation, cross-examination by the parties and active advocacy by attorneys or other outside advocates, are neither appropriate nor permitted during the investigation process.

³ The evidence is highly and substantially more likely to be true than untrue. Put another way, clear and convincing evidence requires that the evidence to be credible; the facts to which the witnesses testify must be distinctly remembered; the testimony must be precise and explicit and the witnesses must be lacking in confusion as to the facts at issue. The evidence must be of such weight that it produces in the mind of the trier of fact a firm belief or conviction, without hesitancy, as to the truth of the allegations sought to be established.

At the conclusion of the investigation, the investigator will prepare a written report. The report will explain the scope of the investigation. The written report will be submitted to the Executive Director of Human Resources, who will determine if any allegations in the complaint were substantiated. The Executive Director will make recommendations to the VP and CHRO, who will render a decision.

Finding of “No Violation” of the University’s Policy on Discrimination and/or Harassment

If the complaint is unsubstantiated, the case will be closed and all parties notified. Documentation of the complaint, investigation and outcome will remain with HR. In some instances, recommendations for remedial actions to educate and prevent future occurrences may still occur when a decision of no violation has been rendered.

Finding of “Inappropriate Behavior Not Rising to the Level of a Violation” of the University’s Policy on Discrimination and/or Harassment

There may be a determination that the behavior was inappropriate and unprofessional but did not rise to the level of violating this policy and/or applicable state and federal laws. Such inappropriate behavior may merit discipline, ongoing monitoring, coaching, training or other action deemed appropriate by HR. Neither party may appeal such a finding. If retaliatory behavior occurs after the issuance of this determination, either party may bring a complaint under this policy.

Finding of “Violation” of the University’s Policy on Discrimination and/or Harassment

If there is a determination that the behavior did violate this policy, the Executive Director will make a recommendation to the VP and CHRO to determine the appropriate corrective actions to be taken. In addition, where appropriate, the University may implement measures to ensure that the person who filed the complaint is not subjected to further discrimination or harassment, and to remedy the effects of any discrimination or harassment that may have occurred. Remedial steps, at the discretion of the University, may include, but are not limited to, counseling or training, separation of the parties, and/or discipline of the respondent including a written warning, leave of absence, demotion or termination in accordance with University policy. The process for appealing such a finding is set forth in Section VII below.

The University’s ability to discipline an individual who is not an employee or student (such as a vendor or contractor) is limited by the degree of control, if any, the University has over such individual. Nonetheless, the University will seek to take appropriate action, in coordination with the appropriate officials, in response to violations of this policy. Similarly, if an incident occurs off-campus at a non-University event, the University does not have jurisdiction and will only intervene to the extent that the situation is interfering with an individual’s right to participate in a work-related activity. Incidents that occur at off-site graduations or conferences are covered by this policy.

VIII. Complaint Reporting, Investigation and Resolution Involving Complaints Against Students

When an individual seeks the University to take disciplinary action against a student for violating University Discrimination policies, the individual may make a complaint to the Dean of Students Office.

IX. Confidentiality

Any allegations of discrimination or harassment brought to the attention of the University will be addressed discreetly, according to policy. Investigations will be conducted in a confidential manner to the greatest extent possible. However, the investigation of complaints may also require disclosure to the accused individual and to other witnesses for the purpose of gathering pertinent information. In such cases, disclosures will be limited to the extent possible.

In addition, the National Science Foundation (NSF) mandates reporting by the University related to findings of harassment and the implementation of certain interim administrative actions involving NSF-funded principal investigators (PI) or co-PIs. Some states also have similar requirements, and the University will comply with all mandated requests of such information. For more information, see https://www.nsf.gov/od/oecr/term_and_condition.jsp.

Individuals involved in investigations or disciplinary proceedings under this policy are encouraged to exercise discretion in sharing information in order to safeguard the integrity of the process and to avoid the appearance of retaliation. While discretion regarding the process is important, reporters and respondents are not restricted from discussing and sharing information with others who may support or assist them in presenting their case.

Medical and counseling records are privileged and confidential documents that parties will not be required to disclose.

X. Appeals

Appeals under this policy will be heard by a single appeal decision-maker. Appeals by either party may be submitted only based on one or more of the following reasons:

A procedural irregularity that affected the outcome of the matter;
New evidence that was not reasonably available at the time the determination regarding outcome was made, which could affect the overall outcome; and/or
The investigator(s) had a proven conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome.

To appeal, a party must electronically submit a written appeal statement to the VP and CHRO within five business days of receipt of the written determination or dismissal. The appeal decision-maker may deem a late submission reasonable only under extenuating circumstances, and the appeal decision-maker may decide, in their sole discretion, what constitutes valid extenuating circumstances. The appeal shall outline the basis for appeal and the relevant information to substantiate the appeal. The non-appealing party will be provided with a copy of the appealing party’s written statement and may submit a written response to the VP and CHRO within three business days of receipt of the appealing party’s written statement. The non-appealing party’s statement will be provided to the appealing party. No further appeal submissions from the parties shall be permitted.

An appeal is limited in scope. The purpose of an appeal is not to initiate a review of substantive issues of fact or a new determination of whether a violation of University rules has occurred.

In deciding an appeal, the appeal decision-maker may consider the case file and any responses, investigative report and any responses, the hearing record, the written determination, and any written appeal(s) or statements by the parties. The appeal decision-maker also may consider any other materials the University deems relevant and that have been shared with the parties.

The parties and their advisors will simultaneously be provided (via electronic format) with the written decision describing the result of the appeal and the rationale for the result.

If the appeal decision-maker finds that the earlier decision should stand, the parties will be so informed and the process is concluded.
If the appeal decision-maker finds that there was procedural irregularity that affected the outcome of the matter, the matter will be remanded to the investigator to determine appropriate further action.
If the appeal decision-maker finds that new evidence is available that was not reasonably available at the time of the determination regarding responsibility or dismissal, and such evidence could alter the outcome of the matter, the matter will be remanded to back to the investigator for appropriate further action.
If the appeal decision-maker finds that the investigator(s) had a conflict of interest or bias for/against complainants or respondents generally, or the individual complainant or respondent that affected the outcome of the matter, the appeal decision-maker will take appropriate measures to address and remediate the impact of the bias or conflict consistent with the general procedures of this policy.

The appeal decision-maker will seek to complete the appeal review within 10 business days of receipt of the appealing party’s written statement.

The determination regarding responsibility becomes final on the date that the parties are provided with the written determination or result of an appeal, or if an appeal is not filed, the date on which an appeal would no longer be considered timely.

XI. Protection From Retaliation

Complaints of retaliation should be reported as violations of this policy. Retaliatory conduct may result in serious disciplinary actions up to and possibly including termination of employment.

Any attempt to seek retribution against an individual or group of individuals involved in filing a complaint or report under this policy, filing an external complaint, participating in a disciplinary process, or opposing in a reasonable manner an action believed to constitute a violation of this policy is considered retaliation. Retaliation can take many forms, including abuse or violence, threats and intimidation. Actions in response to a good faith report or response under this policy are considered retaliatory if they have a materially adverse effect on the working, academic or University-controlled living environment of an individual, or if they hinder or prevent the individual from effectively carrying out their University responsibilities. Any individual or group of individuals that engage in retaliation will be held accountable under this policy.

Prior to the conclusion of an investigation and findings, a complaint of discrimination or harassment does not constitute proof of prohibited conduct. As such, the complaint shall not be taken into account during reappointment, tenure, promotion, merit, or other evaluation or review until a determination has been made that the University’s policy has been violated.

The University expressly prohibits any form of retaliatory action against any member of the University community who in good faith:

Files a report, complaint or grievance under this policy (or with an external entity);
Opposes in a reasonable manner an action or policy believed to constitute a violation of this policy; or
Participates in University investigations, compliance reviews or discipline proceedings under this policy.

Depending on the circumstances referenced above, retaliatory acts may include (but are not limited to):

Adverse employment action such as demotion without appropriate reasoning and/or documentation.
Adverse action relating to participation in an educational program.
Unreasonably interfering with the academic or professional career of another individual.
Engaging in conduct that constitutes stalking, harassment or assault.
Engaging in efforts to have others participate in retaliatory behavior on one's behalf.

XII. Protection From Bad Faith Complaints

It is the responsibility of the University to balance the rights of all parties. Therefore, if the University’s investigation reveals that the complaint is malicious or knowingly false, such charges will be dismissed and the person who filed the complaint may be subject to disciplinary action up to and including termination.

XIII. Filing a Discrimination and/or Harassment Complaint Externally

In addition to, or as an alternative to filing an internal complaint as described above, members of the University community may elect to file a discrimination or harassment complaint with an external body, including a federal or state agency authorized to investigate such claims. The appropriate agency will depend on the status of the complainant and the nature of the complaint, and examples of agencies include: the United States Equal Employment Opportunity Commission; the United States Department of Education, Office for Civil Rights; and the Florida or Arizona Division of Civil Rights.

XIV. Terminology

Protected characteristics are those personal traits, characteristics and/or beliefs that are defined by applicable law as protected from discrimination and/or harassment. They include race, color, religion, sex/gender (including pregnancy, sexual orientation, or gender identity), national origin, age (over 40), disability, genetic information (predisposing genetic characteristic), or any protected category under applicable local, state or federal law.

Refer to the EEOC for guidance on federally protected characteristics, and refer to state laws for additional guidance.

Discrimination is adverse treatment of an individual based on a protected characteristic, rather than individual merit. Discrimination can include microaggressions (subtle, often unintentional acts or comments) that can contribute to a hostile or unwelcoming environment and systemic discrimination (policies or practices that disproportionately adversely impact certain groups, even if unintentional).

Harassment is unwelcome verbal or physical behavior that is directed at a person based on a protected characteristic, when these behaviors are sufficiently severe and/or pervasive to have the effect of unreasonably interfering with an individual's working conditions by creating an intimidating, hostile or offensive environment.

Reporter is the person or persons bringing forth a concern.

Respondent is the person that the allegation is filed against.

Retaliation is any attempt to seek retribution against an individual or group of individuals involved in filing a complaint or report under this policy, filing an external complaint, participating in a disciplinary process, or opposing in a reasonable manner an action believed to constitute a violation of this policy.

Title IX is a federal regulation that prohibits sex discrimination. Anyone may report sex/gender discrimination directly to the Title IX Office.