Florida State Courts System – Title VI Anti-Retaliation Policy
It is the policy of the Florida State Courts System (SCS) to comply with Title VI of the Civil Rights Act of 1964, as amended. The SCS does not and will not exclude from participation in, deny the benefits of, or subject anyone to discrimination on the basis of race, color, or national origin.
Retaliation
Retaliation is prohibited under Title VI of the Civil Rights Act of 1964 and related federal and state nondiscrimination authorities. It is the policy of the SCS that persons filing a complaint of Title VI discrimination or engaging in other protected activity under Title VI have the right to do so without interference, intimidation, coercion, or fear of reprisal.
Complaints
Anyone who believes that the SCS has violated Title VI may file a complaint. Unless it is impractical, the person making a complaint (“Complainant”) will put the complaint1 in writing, providing as much factual information as possible, with dates, locations, the persons in the SCS who are involved, case numbers or parties, witnesses, etc. Complaints of violations of Title VI should be reported to the following administrators where the alleged Title VI discrimination took place:
• Trial Court Administrator – at the trial court level; • Marshal – at the appellate court level; and
• State Courts Administrator – for the Office of State Courts Administrator and Florida Supreme Court.
SCS employees will not be retaliated against for engaging in activity protected under Title VI.
The SCS is committed to resolving any errors or violations of Title VI rapidly. Therefore, an individual should report any incidents of Title VI discrimination as soon as possible, preferably within 45 days of the date of occurrence, to the designated SCS court administrator where the alleged Title VI discrimination took place. We will not dismiss a complaint for being filed after 45 days. All
1 For purposes of this policy, the term “complaint” refers to any complaint that alleges a violation of Title VI, including retaliation complaints under Title VI.
complaints of discrimination will be treated seriously and acted upon promptly.
The designated SCS court administrator shall forward the written complaint, or if there is none, report the allegations of the complaint, within five (5) business days to the Chief Judge, the Chief Justice, or their designee. The Chief Judge, the Chief Justice, or their designee may appoint an investigative officer(s) who will investigate the complaint and report findings of the investigation.
The Chief Judge or Chief Justice will determine whether the face of the complaint states a violation, and will notify the Complainant accordingly. If a violation is stated, the Chief Judge or Chief Justice, or their designee, will find facts to determine whether a violation has taken place. The Chief Judge or Chief Justice will strive to resolve the complaint within 45 calendar days of receiving the initial complaint. If the complaint is not resolved within 45 calendar days, the Chief Judge or Chief Justice or their designee will provide a status update, as soon as practicable, to the Complainant, in writing, that includes an estimate of when the complaint is expected to be resolved. If a Chief Judge is unable to resolve the complaint they may refer the complaint to the Chief Justice or their designee for resolution.
Other Measures
Irrespective of these procedures, the Complainant retains the right before, during, or after the actions described within this policy, to seek other remedies as provided by law. The Complainant may also seek to file a charge of discrimination with the United States Department of Justice – Civil Rights Division:
U.S. Department of Justice
Civil Rights Division
Federal Coordination and Compliance Section
950 Pennsylvania Avenue, NW
Washington, D.C. 20530-0001
(202) 514-3847
1-855-856-1247 (toll-free)
https://civilrights.justice.gov/report/
Questions
Questions regarding this policy may be directed to:
OSCA Office of Human Resources • 500 South Duval Street Tallahassee, FL 32399 • (850)487-0778
humanresources@flcourts.org
OSCA Office of General Counsel • 500 South Duval Street Tallahassee, FL 32399 •(850)922-5109
OSCA-Legal@flcourts.org
