VI - 1.20(B) - UMB POLICY ON SEX-BASED DISCRIMINATION OF STUDENTS

(Approved by the President August 17,1993; revised April 9,1998; revised May 15, 2009.)

Article I.         Policy

The University of Maryland, Baltimore ("UMB") prohibits sex-based discrimination of students by other students, faculty or staff.  Sex-based discrimination includes, but is not limited to, sexual harassment.  Academic decisions will not be based on stereotypes and assumptions about abilities, traits, or the performance of individuals on the basis of sex.  Furthermore, both intentional discrimination and neutral procedures that disproportionately exclude individuals on the basis of sex that are not school related are prohibited.  Sexual harassment is an infringement of an individual's right to work and study in an environment free from unwanted sexual attention and sexual pressure of any kind.  Sex-based discrimination including sexual harassment can result in a significant human resource drain for UMB, can hinder the scholastic efforts of students, and may violate the law of Maryland and the United States.  UMB students who are also UMB employees should be aware of UMB's Policy on Sex-based Discrimination of Employees.

Article II.        Definitions

UMB has adopted the standards of the U.S. Equal Employment Opportunity Commission and the U.S. Department of Education.

1. Sex-based discrimination:       Unlawful discrimination against a student because of his/her sex in regard to admission, dismissal, advancement, graduation, training, or any other term, condition, or privilege of student status. 
2. Sexual Harassment:     Unwelcome sexual advances, unwelcome requests for sexual favors, and other behavior of a sexual nature constitute sexual harassment when:
   • Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's participation in a UMB educational program; or
   • Submission to or rejection of such conduct by an individual is used as the basis for academic decisions affecting that individual; or
   • Such conduct has the purpose or effect of unreasonably interfering with an individual's academic performance, or of creating an intimidating, hostile, or offensive educational environment.

Article III.      Examples of Sexual Harassment

Sexual harassment can include any or all of the following behaviors, as well as others which are not listed:

• Harassment through public or private insult, sexually suggestive comments concerning a person's body or behavior, and sexual demands.
• Subtle or overt pressure to comply with demands of sexual activity.
• Remarks about another person's clothing, body, sexual activities, sexual preferences, or sexual orientation, as well as teasing, jokes, remarks, or gestures which are sexual in nature.
• Unnecessary touching, pinching, patting, or exposure of another person's body.
• Unwarranted staring at another person's body.
• Unwanted communications of a sexual nature in writing, by telephone, or by other means.
• Requests or demands for sexual favors accompanied by implied or overt threats about grades, clinical assignments, class academic assignments, recommendations, student employment, etc.
• Repetition of unwanted invitations for dates.
• Physical assault of a sexual nature, up to and including attempted or actual rape.

Article IV.      Students' Resources

Sex-based discrimination and sexual harassment of students by students, faculty or staff will not be tolerated. Proven harassment will result in disciplinary action possibly including suspension, expulsion or dismissal.

Student questions about peer behavior that may constitute sex-based discrimination or sexual harassment and questions about disciplinary policies should be directed to the Associate Vice President for Student Affairs in the UMB Office of Academic Affairs (“AVPSA”), (410) 706-2477 or to the identified dean of the school involved (See Article V.A.2 for list and contact information). 

Student questions about employee behavior that may constitute sex-based discrimination or sexual harassment and questions about disciplinary policies should be directed to the campus Manager of Diversity/EEO/Affirmative Action (“EEO Manager”) at (410) 706-7302.

Article V.        Filing a Complaint and Investigation Proceedings

Timely reporting of allegations of sex-based discrimination or sexual harassment is crucial. It permits effective UMB intervention to protect students and educate and/or discipline offenders.  Incidents of discrimination or harassment should be documented promptly and reported as soon as practical.

Reporting an incident of discrimination or harassment more than thirty (30) days after it occurs can hinder the ability of UMB to investigate the matter. This reporting time may change if the alleged sexual harassment incident is continuous.  Nevertheless, UMB will investigate any complaint filed within a reasonable time. 

Students should refer to the procedures below to file a complaint so, if necessary, an investigation can begin as soon as practicable.  UMB is committed to working with a complaining student and the respondent throughout the investigation.  Good faith departure from standard practices, in order to better serve the needs of the student, the respondent, or UMB, will not invalidate the policy or procedures.

    A. Peer-to-Peer

            1.     Confronting a Peer

In some cases, informing an alleged harasser that the behavior is unwelcome or offensive and needs to stop immediately may be enough.  However, if a student feels uncomfortable confronting the offender, or if the student’s attempts to solve the problem are unsuccessful, the student should contact the appropriate school official listed below in Article V.A.2.

            2.     Who to Contact

A student who believes that he or she has been subjected to sex-based discrimination or sexual harassment by another UMB student is encouraged to file a written complaint of the alleged incident to either:

a. The appropriate school official (“School Official”) below, who may also instruct the student to contact the school’s equivalent of a student judicial board or student committee (“Board”) upon request;

                                    or,

b. AVPSA, UMB Office of Academic Affairs (410) 706-2477

 3. Investigation Proceedings:

Each graduate and professional school has a protocol for handling peer-to-peer relations.  This section will broadly discuss the general protocols.  Reporting within the time limits set in a school’s judicial policy is strongly encouraged.

A complaint filed by a student against another student, will be addressed, reviewed and investigated, as appropriate, within a reasonable time in an impartial manner, by the appropriate Board (“the Board”), as established and governed by the judicial process of each school.  Formal rules of evidence do not apply.

Investigation of complaints will be made through the appropriate Board, whenever feasible.  If a complaint involves persons from more than one school, the AVPSA will work with the deans of the schools involved to develop an appropriate investigational process.

The respondent’s rights generally include the right to review the complaint filed against them, the right to present witnesses, and the option to question any witness(es) present.  The respondent, generally, has the right to attend or not to attend the proceeding, and to remain silent throughout the proceedings.

The parties will be notified in writing of the appropriate Board’s finding, ordinarily within sixty (60) days from receipt of the student’s written complaint.

If the complaining student wishes to appeal/contest the recommendations of the Board, the student must (within three days of his/her notification by the Board) make a written request to the appropriate dean for an opportunity to meet and be heard in an impartial manner.   

The appropriate dean will review the Board’s report and any timely comments shared by the complaining student after the issuance of the finding, before making a decision.  The parties will be notified promptly of the dean’s decision within ten (10) days from receipt of the Board’s report.  Should the decision be against the respondent, the respondent has the appeal rights set forth in each school’s judicial policy.  
  
For information on the Board, how the investigation will be conducted, the timeframes, and appeals process, when applicable, please consult the specific school’s policy.

            B. Student Complaint against UMB Faculty or Staff Investigation

                        1. Confronting the Harasser

In some cases, informing an alleged harasser that the behavior is unwelcome or offensive and needs to stop immediately may be enough.  However, if a student feels uncomfortable confronting the offender, or if the student’s attempts to solve the problem are unsuccessful, the student should contact the appropriate school official listed below in V.B.2.

                        2. Who to Contact

A student who believes he or she has been subjected to sex-based discrimination or sexual harassment by a UMB employee (faculty member or staff member) is encouraged to file a written complaint with the EEO Manager at UMB’s Human Resource Services located at 620 W. Lexington St., 3rd Floor, Baltimore, MD 21201-1508. Questions and concerns should be directed to (410) 706–7302.  If the student is making allegations against the EEO Manager, the written complaint should be directed to the Executive Director, Human Resource Services, 620 W. Lexington Street, 3rd Floor, Baltimore, MD  21201-1508.  

                        3. Investigation Proceedings

The EEO Manager will interview the complainant, within a reasonable time period, to gather preliminary evidence, identify witnesses, and to establish whether there is enough evidence to proceed with further investigation.

Before an investigation begins, the student must complete the standard UMB Intake Form for proper documentation of the complaint. If the respondent is a part of the student’s academic program, the student’s dean will be notified and the student may be reassigned to other class(es), if appropriate, while the investigation is pending.

The EEO Manager will interview the respondent and other relevant persons or witnesses regarding their factual knowledge of the circumstances surrounding the complaint.  Upon the timely completion of the investigation conducted in an impartial manner, the EEO Manager shall generate a full Investigative Report with written recommendations to the appropriate UMB dean or vice president, ordinarily within thirty (30) days from receipt of the student’s UMB Intake Form.  An Investigative Summary will be given promptly to the student and the respondent at separate meetings with the EEO Manager.

If the complaining student wishes to appeal/contest the recommendations within the Investigative Summary, the student must (within three days of his/her final meeting with the EEO Manager) make a written request to the appropriate dean or vice president for an opportunity to meet and be heard in an impartial manner. 

The dean, vice president (or a designee) will review the Investigative Report, the written recommendations, and any timely comments shared by the complaining student after issuance of the Investigative Report, before making a decision. The parties will be notified of the dean’s or vice president’s decision within ten (10) days from receipt of the report.  Should the decision result in taking formal action against an employee, the appropriate University System of Maryland(“USM”)/UMB policy or procedure or nonexempt employee bargaining unit Memorandum of Understanding (“MOU”) article will be utilized.

                        4. Grievance Proceedings

All matters concerning exempt and non-exempt staff or faculty termination, demotion, suspension, reprimand, re-assignment or related administrative/disciplinary actions are subject to the appropriate USM/UMB policy or article in the MOU.  Depending on the recommendations of the Investigative Report, the employee may be subject to sanction according to these policies.  For more information on grievance and separation procedures, a student should refer to the respondent’s employing school for faculty or ELR/ HRS for staff, as proceedings vary depending on the employee’s position within UMB.

C. Student Complaint against Affiliate of UMB

Many UMB students will be supervised by employees of UMB's affiliates and teaching sites during their educational experiences. A student, who believes that, in the course of study at a UMB affiliate or teaching site, he or she has been subjected to sex-based discrimination or sexual harassment, should contact either their School Official (See Article V.A.2 for list and contact information) or the AVPSA, (410) 706-2477. 

UMB will attempt to resolve the issue, as soon as practicable, and will attempt to reassign the student to another site within ten (10) days of the student’s complaint, if a resolution is not feasible. If necessary, UMB may also work with the affiliate to co-investigate the complaint under the affiliate’s process.

D. Student Complaint against a third party not affiliated with UMB

A student, who believes that, in the course of study, he or she has been subjected to sex-based discrimination or sexual harassment by a third party not affiliated with UMB, should contact either their School Official (See Article V.A.2 for list and contact information) or the AVPSA, (410) 706-2477.   After discussion with the student and a review of the circumstances, the School Official and/or the AVPSA may contact the UMB President’s Office as soon as possible to request a formal letter to the third party denying access to UMB buildings or grounds for acting in a manner that disrupts or disturbs the normal educational functions of the institution.  The President is authorized to deny campus access to a third party engaged in behaviors under Maryland State law (see Sections 26-101 and 26-102, Education Article, Annotated Code of Maryland). 

Article VI.      UMB Administrative Reporting Requirements

If a School Official receives an oral or written complaint of sex-based discrimination or sexual harassment, he or she has an affirmative responsibility to promptly inform the AVPSA, (410) 706-2477.  The AVPSA will document the report, advise as to the proper procedure, as stated in this policy, to be followed by the appropriate body, and track the final outcome.

Article VII.     Confidentiality
 
UMB recognizes that sex-based discrimination or sexual harassment and allegations of sex-based discrimination or sexual harassment are a sensitive subject matter, for all parties involved.  Administrators, faculty, staff and those students acting in an official capacity will respect the privacy of the student reporting an alleged incident as well as the respondent to the fullest extent possible; however, UMB is obligated to investigate all allegations that might be severe enough to constitute sex-based discrimination or sexual harassment and thus confidentiality cannot be guaranteed.

Investigations of sex-based discrimination or sexual harassment allegations often require the complainant's identity to be known by the party or parties whose conduct is being reviewed.  However, the investigation shall be kept confidential to the maximum extent possible with the allegations made available only to those who need to know.

Article VIII.   Retaliation

The University will not tolerate or condone any form of retaliation against a student complainant.  Allegations of sex-based discrimination or sexual harassment are extremely serious, with potential for great harm to all persons if ill-conceived or without foundation.  The University is committed to protecting the rights of the respondent as well as those of the complaining student.  Similarly, UMB will not tolerate or condone the deliberate filing of false accusations of sex-based discrimination or sexual harassment.  An individual found to have filed a false accusation is in violation of this Policy and may be subject to disciplinary action.

Article IX.      Counseling

The UMB Counseling Center can be useful in helping students cope with the stress resulting from sex-based discrimination or sexual harassment or participation in campus proceedings to investigate charges. Please call (410) 328-8404 for information about campus counseling services. More information can also be found at http://www.umaryland.edu/counseling/counseling.html.

Article X.        Education and Consultations

Through the EEO Manager, (410) 706-7302, a School Official (See Article V.A.2 for list and contact information), or the AVPSA, (410) 706-2477, sex-based discrimination or sexual harassment educational programs for students can be arranged.