University of Maryland
 Consolidated USMH and UM Policies and Procedures Manual

University of Maryland Policies and Procedures



    Human Relations Code
Effective Date 18, October, 1976; Revised April 6,
1998; approved by President, May 6, 1998

ARTICLE I.

PURPOSE

A. The University of Maryland, College Park, affirms its commitments to a policy of eliminating discrimination on the basis of race, color, creed, sex, sexual orientation, marital status, personal appearance, age, national origin, political affiliation, physical or mental disability, or on the basis of the exercise of rights secured by the First Amendment of the United States Constitution. This Code is established to prevent or eradicate such discrimination in accordance with due process within the Campus community. In doing so, the Campus recognizes that it must strive actively and creatively to build a community in which opportunity is equalized.

B. Accordingly, the College Park Senate of the University of Maryland establishes this Human Relations Code to:

1. prohibit discrimination as defined in this document within the Campus community both by educational programs and, to the extent specified herein, by a formal grievance procedure;

2. establish the responsibilities of the Senate Human Relations Committee;

3. establish the responsibilities of the Office of Human Relations Programs in connection with this Code;

4. establish mediation and grievance vehicles within the units and colleges of the Campus, in conformity with the Campus Affirmative Action Plan;

5. establish the responsibilities of Equal Education and Employment Opportunity (EEEO) Officers.

C. Every effort will be made to make students and potential students, employees and potential employees, faculty members and potential faculty members aware of the opportunities that the Campus provides for every individual to develop and utilize his or her talents and skills. It is the intent of the Campus to enhance among its students and employees respect by each person for that person's own race, ethnic background, sex, or sexual orientation, as well as appreciation and respect for the race, ethnic background, sex, or sexual orientation of other individuals.

D. Development of a positive and productive atmosphere of human relations on the Campus shall be encouraged through effective dialogue and broadening of communications channels. The Senate Human Relations Committee and the Office of Human Relations Programs shall provide support and assistance, as authorized, to any individual or group deemed by them to have a positive probable impact in working toward increased understanding among all individuals and groups on the Campus.

E. The Senate Human Relations Committee shall advise the Office of Human Relations Programs in recommending policies which fulfill the provisions of this Code. In particular:

1. The Senate Human Relations Committee shall be a general standing committee of the College Park Senate.

2. The purpose of the Senate Human Relations Committee shall be to foster better human relations among all individuals and groups on the Campus, to advise in the development of positive and creative human relations programs, to advise in the prevention and eradication of all forms of discrimination prohibited by this Code, and to make regular assessments of the state of human relations within the purview of this Campus.

3. The functions of the Senate Human Relations Committee may include but are not limited to: requesting the Office of Human Relations Programs to conduct investigations of complaints of discrimination because of race, color, creed, sex, sexual orientation, marital status, personal appearance, age, national origin, political affiliation, physical or mental disability, or on the basis of the exercise of rights secured by the First Amendment of the United States Constitution; providing an "open forum" for effective dialogue among all segments of the Campus community; recommending to appropriate Campus bodies educational programs and activities to promote equal rights and understanding; periodically reviewing such programs and activities; initiating studies of Campus-sponsored or recognized programs and activities to determine how improvements can be made in respect to human relations; continually reviewing progress toward these ends and making such further recommendations as experience may show to be needed; and participating to the extent set forth herein in formal human relations grievance actions.

F. There shall be an Office of Human Relations Programs directly responsible to the President. This Office shall plan, develop, give direction to and coordinate the overall Campus effort to prevent and eliminate discrimination based on race, color, creed, sex, sexual orientation, marital status, personal appearance, age, national origin, political affiliation, physical or mental disability, or on the basis of the exercise of rights secured by the First Amendment of the United States Constitution, in all areas of Campus life (this overall effort is referred to herein as the Human Relations Program).

The Office shall represent, and have direct access to, the President, and shall cooperate with the Senate Human Relations Committee on substantive matters concerning human relations. The Office shall assist and coordinate the human relations activities of the Equal Education and Employment Opportunity (EEEO) Officers and the Equity Administrators representing the various units of the Campus.

The duties and responsibilities of the Office of Human Relations Programs shall include but not be limited to the following:

working with Vice Presidents, Deans, Directors and Department Chairs to ensure full compliance, in spirit as well as in letter, with laws relating to discrimination and with the Campus Human Relations Code; advising Campus officers in their effort to assist personnel to recognize and take advantage of career opportunities within the Campus; working with appropriate offices in the surrounding community on such issues as off-campus housing practices affecting Campus students and employees, transportation, etc.; recommending to the Off-Campus Housing Office removal from or reinstatement upon lists of off-campus housing, so as to ensure that listed housing is available on a nondiscriminatory basis; (N.B. any final action taken by the University shall be preceded by proper notice to the property owner involved, and an opportunity to be heard); conducting reviews of compliance with the Campus Affirmative Action Plan; initiating and carrying out programs for the elimination and prevention of racism and sexism on Campus; distributing this Code and informing the Campus community of the interpretations of its provisions; sending periodic reports to the President and to the Senate Human Relations Committee concerning the Human Relations Programs; and participating to the extent set forth herein in formal human relations grievance actions.

G. For each of the units and colleges of the Campus, the Office of Administrative Affairs, the Office of University Advancement, and the Office of Student Affairs, there shall be an Equity Administrator, who is designated in accordance with the Affirmative Action Plan and who has the duties specified by the Campus Affirmative Action Plan and like duties with respect to the forms of discrimination prohibited by this Code.

ARTICLE II.

COVERAGE

A. Kinds of Discrimination Prohibited:

1. Discrimination in employment, job placement, promotion, or other economic benefits on the basis of race, color, creed, sex, sexual orientation, marital status, personal appearance, age, national origin, political affiliation, physical or mental disability, or on the basis of the exercise of rights secured by the First Amendment of the United States Constitution.

2. Discrimination in criteria of eligibility for access to residence, or for admission to and otherwise in relation to educational, athletic, social, cultural or other activities of the Campus because of race, color, creed, sex, sexual orientation, marital status, personal appearance, age, national origin, political affiliation, physical or mental disability, or on the basis of the exercise of rights secured by the First Amendment of the United States Constitution.

B. For the purposes of this Code:

1. Personal appearance means the outward appearance of any person, irrespective of sex, with regard to bodily condition or characteristics, manner or style of dress, and manner or style of personal grooming, including, but not limited to, hair style and beards. It shall not relate, however, to the requirement of cleanliness, uniforms, or prescribed standards, when uniformly applied for admittance to a campus facility, or when uniformly applied to a class of employees, or when such bodily conditions or characteristics, or manner or style of dress or personal grooming presents a danger to the health, welfare or safety of any individual.

2. Sexual orientation means the identification, perception, or status of an individual as to homosexuality, heterosexuality, or bisexuality.

C. This Code shall apply to the Campus community. The term "Campus community" is limited to Campus students, faculty, and staff; and to departments, committees, offices and organizations under the supervision and control of the Campus administration.

D. Exceptions

1. The enforcement of Federal, State or County laws and regulations does not constitute prohibited discrimination for purposes of this Code. Separate housing or other facilities for men and women, separate athletic teams when required by athletic conference regulations and political, religious and ethnic/cultural clubs are not prohibited.

2. Discrimination is not prohibited where based on a bona fide job qualification or a qualification required for the fulfillment of bona fide educational or other institutional goals. Complaints concerning the legitimacy of such qualifications may be the subject of human relations grievance actions.

3. The provisions of this Code shall not apply to potential students or potential employees of the University. However, applicants for admission or employment who believe they have been discriminated against by any part of the Campus community may convey such belief together with all relevant facts to the Office of Human Relations Programs, for informational purposes.

4. The grievance procedures under this Code shall not apply to judgments concerning academic performance of students (e.g., grades, dissertation defenses), pending further study and action by the College Park Senate and University administration.

5. The Campus, with the advice and approval of the Attorney General's Office, shall review on a continuing basis all new laws and regulations which apply to this Campus to determine if any shall require changes in the coverage or exceptions to coverage of this Code.

E. This Code shall apply to the Campus community in relation to, but not only to, the following:

1. All educational, athletic, cultural and social activities occurring on the Campus or in another area under its jurisdiction;

2. All services rendered by the Campus to students, faculty and staff, such as job placement and job recruitment programs and off-campus listings of housing;

3. University-sponsored programs occurring off campus, including cooperative programs, adult education, athletic events, and any regularly scheduled classes;

4. Housing supplied, regulated, or recommended by the Campus for students, staff and visitors, including fraternities and sororities;

5. Employment relations between the Campus and all of its employees, including matters of promotion in academic rank, academic salary and termination of faculty status, as limited in Article III.M.

ARTICLE III.

HUMAN RELATIONS ENFORCEMENT PROCEDURES

A. In order to identify policies or practices which may reflect discrimination, the Senate Human Relations Committee may request the Office of Human Relations Programs to conduct periodic review of the operation of any unit of the Campus. Units shall provide the information necessary for carrying out such reviews. This information shall be submitted through the President's Office. Any such review under the authority granted in this statement of policy shall be undertaken only after specific authorization of the President. In the event that the President fails to authorize an investigation within a reasonable time of the request by the Senate Human Relations Committee, the Chair of the Committee shall report that fact, together with reasons as he/she may have received from the President concerning the matter, to the Senate.

B. The Office of Human Relations Programs on its own motion shall identify policies, practices or patterns of behavior which may reflect discrimination prohibited by this Code or which may conflict with any other Campus policy concerning human relations or with the Campus Affirmative Action Plan, and shall call these to the attention of the appropriate officials of the unit involved and recommend appropriate action. Those subject to allegations of discrimination shall be afforded all the protection of due process. The Office shall endeavor by negotiation to eliminate the alleged discrimination. Where such efforts fail, the Office may on its own motion report the matter to the President and to the Senate Human Relations Committee. Documentation of the recommendations by the Office in all such cases shall be maintained on file by the Office.

C. To the maximum extent consistent with the purposes of this Code, the confidentiality of personal papers and other records and the principle of privileged communication shall be respected by all persons involved in the enforcement procedures of this Code. Nothing in this Code shall be construed so as to conflict with the requirements of Article 76A of the Maryland Annotated Code. Persons giving information in connection with the procedures described in this Code shall be advised by the person receiving such information of the limits of confidentiality which may properly be observed in Code procedures and that all documents may be subject to subpoena in subsequent administrative or judicial proceedings.

D. Any member of the Campus community who believes that he or she has been or is being discriminated against in ways prohibited by this Code may consult informally and confidentially with the unit EEEO Officer and/or the Equity Administrator and/or the Office of Human Relations Programs prior to filing a formal complaint.

E. The Office of Human Relations Programs shall receive formal complaints from any member or group within the Campus community claiming to be aggrieved by alleged discrimination prohibited by this Code and/or any other Campus document or policy relating to human relations practices. Such complaints should give in writing the names of complainant(s) and respondent(s) and the time, the place, and a specific description of the alleged discrimination. Complaints shall be submitted to the Office of Human Relations Programs, or else to the unit EEEO Officer or the Equity Administrator. Complaints must be submitted within ninety (90) days of the alleged discrimination act(s), or within ninety (90) days of the first date by which the complainant reasonably has knowledge thereof. Complaints not submitted directly to the Office of Human Relations Programs shall be forwarded to the Office of Human Relations Programs within five (5) working days of their receipt. Copies of the complaint shall be forwarded by the Office of Human Relations Programs to the respondent and to the appropriate unit Chair or Director, Dean, or Vice President.

F. Complainants under this Code shall be required, as a condition precedent, to waive any alternative Campus administrative procedure that may then be available. A complaint which has been heard under some alternative Campus procedure cannot subsequently be heard under the procedure of this Code. In the case of a complaint heard under the Non-exempt Employees Grievance Procedure, this restriction shall apply only when the complaint has entered Step II of that procedure.

G. The Office of Human Relations Programs and/or the Equity Administrator shall ensure that each complainant is informed of his or her right to file the complaint with the appropriate State and Federal agencies. Forms for complaints to State and Federal agencies will be provided or the complainant will be informed where they are available.

H. All complaints of discrimination which are not connected with the official functions of the Campus or not falling within the scope of discrimination prohibited by this Code shall be referred to the appropriate Campus, Municipal, County, State, or Federal agencies by the Office of Human Relations Programs.

I. After a complaint has been filed, the Office of Human Relations Programs shall promptly undertake an informal investigation in order to make a preliminary determination as to whether or not the subject matter of the complaint falls within the Code, and whether or not there is probable cause for the complaint. This finding shall be reported to the complainant, the respondent, the President and the Chair of the Senate Human Relations Committee. The burden of proof in this investigation and throughout these enforcement procedures rests with the complainant.

J. If the finding is that there is not probable cause to believe that discrimination has been or is being committed within the scope of this Code, the Office of Human Relations Programs may dismiss the complaint. Such dismissal shall be reported to the complainant, the respondent, the President and the Chair of the Senate Human Relations Committee. The complainant in such a case may appeal the dismissal of the case to the Senate Human Relations Committee, which may direct that a Human Relations Grievance Committee conduct a grievance hearing according to the procedures set forth herein, if in the judgment of the Senate Human Relations Committee there is probable cause to believe that discrimination has been or is being committed within the scope of this Code. The Senate Human Relations Committee shall have access to the complaint file for this purpose. A record of its deliberations shall be placed in the file according to the procedures established by the Office of Human Relations Programs. If the Committee finds no probable cause, it may dismiss the complaint and report such dismissal to the complainant, the respondent, and the President.

K. If the finding is that there is probable cause to believe that discrimination has been or is being committed within the scope of this Code, the Office of Human Relations Programs shall endeavor to eliminate the alleged discrimination by conference, conciliation and persuasion. If by this process, an agreement is reached for elimination of the alleged discrimination, the agreement shall be reduced to writing and signed by the respondent, the complainant and the Director of the Office of Human Relations Programs. The agreement shall be available to the President, the Equity Administrator, and to the Chair of the Senate Human Relations Committee, upon request.

L. If a finding of probable cause is made but no mutually satisfactory solution can be reached under the procedures outlined in Section K immediately preceding, the Office of Human Relations Programs shall initiate the following procedure: the Office shall notify the Senate Human Relations Committee of the failure to reach a mutually satisfactory solution, whereupon providing the complainant requests in writing a Human Relations Grievance Hearing, a Human Relations Grievance Committee shall be selected according to the procedures described in Article IV following. A Grievance hearing shall be closed unless both parties to the dispute agree that the hearing, or any part thereof, shall be open to the public. All parties to the dispute shall be sent within five (5) working days of the written request of such a hearing, written notification of the time and place of the beginning of the hearing and a specific statement of the charges. Hearings shall be held as promptly as is consistent with allowing adequate time for the parties to prepare their cases. Continuances may be granted within the discretion of the Office of Human Relations Programs. All parties shall have ample opportunity to present their facts and arguments in full during the hearing. All findings, recommendations and conclusions by the Grievance Committee shall be based solely on the evidence presented during the hearing, and shall be based on a preponderance of the evidence having probative effect. The burden of proof rests with the complainant. The Grievance Committee may be assisted by an adviser. All the parties to the dispute and the Grievance Committee may invite persons to testify during the hearing. Each side shall have the right to cross-examine witnesses. Each party has the right to be represented by counsel or other representative, but the University has no obligation to provide such counsel for any party to the dispute. If a party intends to be represented by legal counsel during the hearing, he/she shall inform the Office of Human Relations Programs of this fact no later than 72 hours prior to the hearing, and that Office shall provide that information to the other party or parties. A verbatim record shall be kept of all sessions in which testimony and evidence is presented regarding the case, and this record shall be made available to all parties to the dispute at the conclusion of the proceedings. Upon request, the Chair of the Grievance Committee may, in his or her discretion, recess the hearing to permit review of the record by one or more parties in the conduct of their case.

The Chair of a Human Relations Grievance Committee with the advice of the adviser, if there is one, shall rule on all matters of procedure and admissibility of evidence. Any member of the Committee not concurring in the ruling of the Chair may request a closed session of the Committee for debate on the point. A majority vote of the Committee will determine the final decision. Formal rules of evidence shall not be applicable to any hearing before a Human Relations Grievance Committee, and any evidence or testimony which the Committee believes to be relevant to a fair determination of the complaint may be admitted. The Committee reserves the right to exclude incompetent, irrelevant, immaterial and repetitious evidence."

M. In cases of allegations regarding prohibited discrimination concerning academic employment matters, a Human Relations Grievance Committee shall not substitute its judgment of academic competence for the judgment of the appropriate colleagues of the complainant. The function of the Grievance Committee shall be to determine:

1. whether there were clearly enunciated University, Campus and Departmental standards, policies, procedures and priorities by which to assess the merit of the complaint, and whether the complainant was given a reasonable opportunity to demonstrate his or her academic merit;

2. whether the stated standards, policies, procedures and priorities were applied to the complainant in a nondiscriminatory manner.

N. Within ten (10) working days after hearing all the evidence and arguments, the Human Relations Grievance Committee shall prepare a written decision based solely on the evidence presented at the hearing. This decision shall include a summary of the evidence before the Committee and the Committee's findings as to whether or not a violation of the Code has occurred, and the recommendations of the Committee. Grievance Committees may recommend whatever forms of relief they deem appropriate, but must take due cognizance of the limitations imposed by State law and by the procedures established by the Board of Regents, for example, the procedures by which promotion in academic rank is achieved. Within five (5) working days after the decision has been filed in the Office of Human Relations Programs, the Director of that Office will formally notify all parties to the dispute, the President and the Senate Human Relations Committee of the decision.

O. The President shall within ten (10) working days of his or her receipt of the decision of the Human Relations Grievance Committee issue an order specifying what actions, if any, must be taken by individuals or groups found to be guilty of violating the provisions of this Code.

P. When a hearing has been scheduled by an outside agency or court, the Office of Human Relations Programs may, with the approval of the Senate Human Relations Committee, prior to the convening of a Human Relations Grievance Committee to hear a case, postpone or terminate the Campus grievance proceedings when such postponement or termination is in its judgment warranted by administrative considerations such as staff limitations and workload, or at the request of a party upon a showing that the Campus hearing will either conflict with the off-Campus hearing, or that participation in the Campus hearing will unreasonably burden a party's preparation of his or her case or otherwise work to his or her prejudice. Such postponement or termination shall be reported to the complainant, respondent and President. In any case where a complaint has been the subject of prior administrative or judicial resolution or where a complaint becomes the subject of such resolution during the course of proceedings under this Code, the procedures of this Code will not be applicable or will terminate, as the case may be.

Q. The President shall provide a written explanation of his or her order whenever that order is not in keeping with the findings and recommendations of the Human Relations Grievance Committee. This explanation shall be sent to all parties to the dispute, to the Chair of the Senate Human Relations Committee, to the Director of the Human Relations Programs and to the of the Senate. The Chair of the Senate Human Relations Committee Chair shall report to the Senate Executive Committee concerning the order and explanation at the next meeting of the Executive Committee, and that body shall put the matter on the agenda of the next meeting of the Senate.

R. When required by law, copies of the Human Relations Grievance Committee's findings and recommendations and of the President's order and explanation, if any, shall be sent to the State and Federal agencies charged with enforcement of Article 49B of the Annotated Code of Maryland and the Equal Employment Opportunity Act of 1968 or their successors.

S. When a complainant receives a decision on his or her charge of discrimination from a Human Relations Grievance Committee that decision shall not be subject to review under any grievance procedure in force on the Campus.

T. No affirmative relief shall be made to a complainant by the University unless the complainant executes the following release as part of a settlement agreement:

The complainant hereby waives, releases and covenants not to sue the University of Maryland or its officers, agents or employees with respect to any matters which were or might have been alleged as charges filed under the Human Relations Code in the instant case, subject to performance by the University of Maryland, its officers, agents and employees, of the promises contained in this settlement agreement.

ARTICLE IV

CONSTITUTION OF HUMAN RELATIONS GRIEVANCE COMMITTEE

A. A Human Relations Grievance Committee shall consist of five (5) members selected by an affirmative vote of at least 2 members of a Selection Panel consisting of:

1. The Vice President of the unit of the Campus within which the alleged discrimination falls. In cases of disputed jurisdiction, decisions as to which Vice President shall participate will be made by the several Vice Presidents.

2. The Director of the Office of Human Relations Programs.

3. The Chair of the Senate Human Relations Committee.

If any of these persons is unable to participate, he or she shall designate a suitable replacement.

B. The selection of a Human Relations Grievance Committee shall be made in such a way as to promote a fair and impartial judgment. An effort shall be made to constitute the Grievance Committee of persons reasonably familiar with the kind of employment or other situation which the case concerns.

C. A determined effort shall be made to gain the consent of complainant and respondent concerning the membership of the Grievance Committee. If in the judgment of the Selection Panel such efforts become unreasonably prolonged, membership will be determined by majority vote of the Selection Panel.

D. None of the members of a Grievance Committee shall have been involved in the action which is the subject of the complaint. This Selection Panel shall remove a member of a Grievance Committee whenever they find that member to have a personal involvement in that case; and may excuse a member from serving on the Grievance Committee on grounds of illness or on other reasonable grounds.

E. Members of the Senate Human Relations Committee shall not be eligible concurrently for inclusion on Human Relations Grievance Committees.

F. The Chair of a Human Relations Grievance Committee shall be elected by the members of the Committee.

G. Members of a Human Relations Grievance Committee and those officially involved in a hearing shall not be penalized either academically or financially for time missed from work or classes during official meetings of the Committee.

ARTICLE V.

THE EQUAL EDUCATION AND EMPLOYMENT OPPORTUNITY OFFICER

A. Equal Education and Employment Opportunity (EEEO) Officers shall be instrumental in the implementation of the Human Relations Code within each unit of the Campus.

B. Employees on all levels within each unit of the Campus will have access to the assistance of an EEEO Officer. In non-academic units, EEEO Officers shall be elected by unit employees under the supervision of the Equity Administrator within whose responsibility the unit falls, or shall be selected by unit Director in consultation with the appropriate Equity Administrator, in either case in accordance with the Affirmative Action Plan of that unit. EEEO Officers in the academic units shall be chosen in the manner prescribed by each unit.

C. The functions of EEEO Officers shall include but not be limited to:

1. Advising unit administrators with respect to the preparation plans, procedures, regulations, reports, and other matters pertaining to the Campus Human Relations Program.

2. Evaluating periodically the effectiveness and sufficiency of unit Affirmative Action Plans and other unit plans in relation to the goals of this Code, and reporting these to unit administrators with recommendations as to what improvements or corrections are needed.

3. Participating in the development of policies and programs within units with respect to hiring and recruitment, training and upgrading, and in all matters pertaining to the elimination of discrimination prohibited by this Code. If a unit fails to develop policies and programs of this nature, it is the task of the EEEO Officer to act in an advocacy role and call this fact first to the attention of the unit administrator, and if no responsive action ensues, then to the Equity Administrator. The EEEO Officer is free at all times to report such cases directly to the Office of Human Relations Programs and the Senate Human Relations Committee.

4. Serving in a liaison capacity between the unit to which he/she is assigned and all segments of its personnel and attempting to remedy problems brought to his or her attention regarding alleged discrimination.

5. Advising students or employees of the unit who have reason to believe that discrimination as defined in this Code is occurring. At the request of the aggrieved person the EEEO Officer shall keep any or all aspects of the grievance confidential until a formal complaint has been filed. If the aggrieved so requests, the EEEO Officer shall attempt to resolve the matter, calling upon the assistance of the Equity Administrator where appropriate. The EEEO Officer will keep a record of such advisory and conciliatory activities and periodically brief the Equity Administrator.

6. Advising and otherwise aiding complainants in making formal complaints under this Code. When a complaint is filed with an EEEO Officer, the complaint shall be forwarded by that officer within five (5) working days to the Equity Administrator and the Office of Human Relations Programs. The EEEO Officer shall be available to assist in a preliminary investigation of the complaint conducted under the general supervision of the Office of Human Relations Programs, to determine whether there is probable cause to believe that prohibited discrimination has occurred.

7. Making recommendations to the Office of Human Relations Programs to help facilitate human relations programs on Campus.

8. Assisting units in publicizing the functions of EEEO Officers.

9. Collecting pertinent information regarding hiring, upgrading and promotion opportunities within units and disseminating such information to appropriate personnel.

D. The EEEO Officer shall have the full support of the unit or college administration and the Office of Human Relations Programs. The EEEO Officer shall be afforded reasonable time from other regular duties to perform the functions of the office. These functions shall qualify as part of a workday in the case of a staff member and as partial fulfillment of required committee loads in the case of faculty. The EEEO Officer shall be free from interference, coercion, harassment, discrimination or unreasonable restraints in connection with the performance of the duties specified in this Code.

ARTICLE VI.

EFFECTIVE DATE

This Code shall be effective as revised as of April 6, 1998.

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