|Related Policy||Version Effective Date||Procedures Contact|
|UMGC Policy VI-1.00 Non-Discrimination and Anti-Harassment||Feb. 8, email@example.com|
These procedures under UMGC Policy VI-1.00 Non-Discrimination and Anti-Harassment apply to Staff, Faculty, Students, and Third Parties (other than an applicant for employment). Complaints of misconduct of a sexual nature will be addressed under UMGC Policy 041.00 Sexual Misconduct as appropriate. (Certain complaints may be referred to UMGC’s Title IX Coordinator under the Sexual Misconduct policy as appropriate.)
UMGC’s policy and procedures for requesting disability accommodations may be found in UMGC Policy VI-1.01 Workplace Reasonable Accommodations or UMGC Policy V-1.30 Student Reasonable Accommodation. Complaints of discrimination on the basis of disability may be made under this Non-Discrimination and Anti-Harassment Policy. (Certain complaints may be referred to Policy VI-1.00 Workplace Reasonable Accommodations or Policy V-1.30 Student Reasonable Accommodation, as appropriate.)
Expectation of Cooperation
Employees have an affirmative duty, and students are encouraged, to report immediately to Fair Practices any behavior that they believe may be in violation of UMGC Policy VI-1.00. Cooperation helps UMGC to address and remedy discrimination.
The Complainant and/or Respondent may appeal the investigation finding within five (5) business days of the date of receipt of the Notice of Findings by submitting a written statement of their intent to appeal and the stated grounds as specified below. The scope of the appeal is limited to the grounds set forth below. Mere dissatisfaction with the finding is not a valid basis for appeal.
If neither party submits an appeal, the decision will be considered final five (5) business days after the last date either party received the Notice of Findings. Appeals submitted after five (5) business days shall be denied, except upon a showing of good cause.
Grounds For Appeal
The appealing party has the burden of proof, and the standard of proof is preponderance of the evidence. Appeals are not intended to allow for a review of the entire investigation, with the exception of new evidence, as referenced above.
Dissatisfaction with a finding or sanction is not a valid basis for appeal. However, either party may appeal on the following grounds:
The appellate review will be based on the written record; parties are not entitled to a hearing or meeting with the reviewing administrator or designee.
Appeals will be reviewed in accordance with the Respondent’s status as listed below:
A written decision will be issued within thirty (30) calendar days after receiving the appeal and appropriate action will be taken. A copy of the appeal decision letter shall be forwarded to the Fair Practices Officer for the file.
Sanctions may be imposed upon any member of the UMGC community found to have violated UMGC Policy VI-1.00 Non-Discrimination and Anti-Harassment.
With respect to Staff Responding Parties, any disciplinary action or corrective measures will be imposed by the appropriate supervisor, in consultation with the Office of Human Resources, and other relevant administrators, as needed. These Sanctions include the following:
With respect to Faculty Responding Parties, any disciplinary action or corrective measures will be imposed by the appropriate supervisor, in consultation with the Office of the Senior Vice President for Academic Affairs and Chief Academic Officer, and other relevant administrators, as needed. These Sanctions include the following:
Third Party (other than an applicant for employment) Sanctions
With respect to Third Party (other than an applicant for employment) Responding Parties, any disciplinary action or corrective measures will be imposed by the Chief of Staff, and other relevant administrators, as applicable to the Third Party’s status.
In addition to filing a complaint under this Policy and Procedures, faculty, staff and applicants may contact external agencies including the Equal Employment Opportunity Commission (EEOC) or the Maryland Commission on Civil Rights. Students may contact the Office for Civil Rights (OCR). A person wishing to file a complaint with an external agency or to have UMGC’s process reviewed should contact the appropriate agency promptly in order to verify the time limits and deadlines for filing complaints:
Office for Civil Rights (OCR)
U.S. Department of Education
Philadelphia Office (Regional Office for Maryland)
The Wanamaker Building
100 Penn Square East, Suite 515
Philadelphia, PA 19107-3323
Website: http://www2.ed.gov/about/offices/list/ocr/index.html or 202-453-6100
OCR Electronic Complaint Form: https://ocrcas.ed.gov/welcome-to-the-ocr-complaint-assessment-system