VI-1.OO(B) UNIVERSITY OF MARYLAND HUMAN RELATIONS CODE

Consolidated USMI

& UMCP Policies and Procedures Manual

hltp://www.inforrn.urnd.edu/PRES/policies/viIOOb.html

Consolidated USMH & UMCP Policies

and Procedures Manual

v

‘~

VI-1.OO(B) UNIVERSITY OF MARYLAND 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

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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 lette

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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.H.

 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,

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when

such

bodily

conditions

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.

H.

 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

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limited in Article III.M.

ARTICLE

 III.

HUHAN 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.

H

 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

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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

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