Policy VI-1.00 Non-Discrimination and Anti-Harassment

Policy Statement

The University of Maryland Global Campus (“UMGC”) is committed to creating and maintaining an educational and working environment that is free of unlawful discrimination and harassment.

In accordance with that commitment, federal law, Maryland law, and University System of Maryland policies, UMGC programs, activities and facilities will be available to all without regard to race, color, sex, gender identity or gender expression, sexual orientation, religion, creed, marital status, age, national origin, ancestry, political affiliation, mental or physical disability, genetic information, military status (a member of uniformed services, member of reserves, or dependent of any of the aforementioned members, under federal law), veteran status, or any other legally protected class.

Retaliation against anyone who reports discrimination, participates or assists in an investigation, or opposes a discriminatory act, practice, or policy is prohibited by this policy. Retaliation will not be tolerated, and retaliatory acts may be subjected to disciplinary action. UMGC has created this Policy and accompanying Adjudicative Procedures to eliminate discrimination and harassment in employment and education programs.

Applicability

Fair Practices, a unit in the Office of Community Engagement & Opportunity, is designated to manage reports of discrimination. Fair Practices will receive reports of discrimination, conduct necessary investigations, report findings, and make recommendations.

1. This Policy prohibits Discrimination and Harassment in employment, job placement, promotion, or other economic benefits on the basis of race, religion, color, creed, marital status, age, sex, gender identity or gender expression, national origin, political affiliation, mental or physical disability, genetic information, veteran status, military status, or any other legally protected class.
2. This policy also prohibits Discrimination and Harassment in participation in, criteria of eligibility for admission to, or successful completion of educational, social, cultural, or other activities of UMGC because of race, religion, color, creed, marital status, age, sex, gender identity or gender expression, national origin, political affiliation, mental or physical disability, genetic information, veteran status, military status, or any other legally protected class.
   1. This UMGC Policy is applicable to all UMGC students, faculty, staff, contractors, and third parties engaging in UMGC’s programs and activities.

   2. This Policy applies to all UMGC locations and all UMGC faculty, staff, applicants for employment, and students.

UMGC Policy 041.00 - Sexual Misconduct sets forth UMGC’s commitment to preventing the occurrence of Sexual Misconduct in UMGC’s programs and activities.

Reporting

The reporting process provides a mechanism through which UMGC may identify, respond to, prevent, and eliminate incidents of discrimination and/or harassment. It may be used by any person who believes they have been the subject of discrimination in connection with UMGC’s program and activities. If a claim of discrimination or harassment involves a non-UMGC third party such as a visitor, contractor, or vendor, UMGC will coordinate as necessary to ensure that an appropriate investigation is conducted and that discriminatory or harassing behaviors are addressed.

1. UMGC can prevent discrimination and harassment in the workplace and educational programs only if the members of the UMGC community are willing to come forth with complaints.

   1. Employees are required, and students are encouraged, to report immediately to UMGC’s Fair Practices and Equal Opportunity Officer any behavior that they believe may be in violation of this Policy and Procedures.

A report may be submitted to the Fair Practices Officer via email at fairpractices@umgc.edu or you may contact the Fair Practices Officer by telephone at 301-985-7931.

1. “Discrimination” is unequal treatment based on a legally protected status that (i) is sufficiently serious to unreasonably interfere with or limit an individual’s opportunity to participate in or benefit from a University program or activity or (ii) adversely affects a term or condition of the individual’s working, learning, and living environment at the University.
2. “Harassment” is a form of Discrimination that encompasses unwelcome conduct based on a person’s protected status. Harassment is severe and/or pervasive conduct that negatively affects the particular individual and also would negatively affect a reasonable person under the same circumstances. Harassment in violation of this Policy depends on the totality of the circumstances, including the nature, frequency, and duration of the conduct in question; the location and context in which it occurs; and the status of the individuals involved.
3. “Investigation” means a prompt, thorough, and impartial assessment of available evidence related to an alleged violation of this Policy conducted by a University employee or designee.
4. “Protected Class” means a characteristic of a person which cannot be targeted for Discrimination. For the purpose of the University’s Policies and Procedures, Protected Classes are defined by federal, state, and local law, as they may be amended from time to time, and noted in Appendix A, attached hereto and incorporated by reference.
5. “Complainant” refers to a member of the University Community who has been subjected to conduct that may constitute a violation of this Policy, and who files a complaint.
6. “Respondent” refers to the individual alleged to have engaged in prohibited conduct under this Policy.
7. “Retaliation” means action that is taken against an individual because they reported discrimination, filed a complaint of discrimination, or participated in an investigation or proceeding concerning a discrimination complaint; or intimidating, threatening, coercing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by law or policy promulgated by USM and/or the University relating to Discrimination, or because an individual has made a report, testified, assisted, or participated in any manner in an Investigation or proceeding related to Discrimination. Retaliation includes retaliatory harassment.
8. “UMGC Community” is defined to mean University students, faculty, staff, and third parties (including visitors, volunteers, applicants for admissions or employment, vendors, and contractors).
9. “Confidential” means that information shared by an individual to the person UMGC has designated to receive confidential information cannot be revealed to any other individual without the express permission of the individual, except in limited circumstances.

Due Process Rights of the Parties

The University provides fundamental fairness and due process to the parties as indicated in the UMGC P-VI-1.00 Adjudicative and Investigative Procedures. This includes the right to notice, a fair Investigation, a chance to present relevant evidence, and to file an appeal.

Sanctions

Sanctions may be imposed upon students, staff, or faculty found to have violated the Policy More information can be found in the Adjudicative and Investigative Procedures.

Appeal

A party may appeal an FP/EO’s finding regarding a violation of the Policy. Appeal procedures can be found in the Adjudicative and Investigative Procedures.

Confidentiality

UMGC will, to the best of its ability, protect the confidentiality of complaints brought under this Policy except where law or a lawfully issued subpoena provides otherwise.

Non-Retaliation Statement

Retaliation by UMGC faculty, staff, students, or contractors against an individual who makes a complaint of discrimination or harassment, participates in an investigation of a complaint, supports a complaint, or testifies concerning a complaint is expressly prohibited by this Policy. Any UMGC faculty, staff, or student who encounters retaliation should immediately report such conduct to the Fair Practices and Equal Opportunity Officer.

1. UMGC Policy 041.00 – Sexual Misconduct