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Discrimination Complaint Procedure

UMBC Interim Discrimination Complaint Procedure

1) Introduction

UMBC has developed the following procedure to provide prompt and equitable resolution of discrimination complaints.

Use of this procedure does not affect other complainant rights and remedies that may be available under federal and state statutes prohibiting discrimination.

2) Procedure

Any faculty, staff or student claiming to have been discriminated against by the University of Maryland, Baltimore County may use this procedure.
All discrimination complaints will be promptly investigated.

Complaints may be submitted online
or by contacting:

Office of Equity and Inclusion
oei@umbc.edu
(410) 455-2735

Individuals who experience violations of this Policy are encouraged to promptly file a
complaint not later than one hundred eighty (180) days after the complainant became aware of the alleged discrimination.

Written complaints are encouraged, but not required.

If a verbal complaint is made, the Office may prepare a written statement of the allegations and ask that the Complainant acknowledge its accuracy in writing.

Complaints should contain the following information:

(a) Name, address and telephone number of the person filing the complaint.

(b) A brief description of the illegal discrimination, including the location and date of the illegal discrimination, and any other people who may have relevant information.

(c) The remedy, result or resolution sought.

The Office of Equity and Inclusion may implement appropriate Interim Measures while the matter is being informally resolved or investigated. Examples of Interim Measures include, but are not limited to, a referral to the Employee Assistance Program (“EAP”), schedule adjustments, or changes in work location.

The Office will acknowledge receipt of the complaint by sending a notification to the Complainant and will then conduct an initial assessment of the complaint to determine whether the matter is covered by the University’s Non-Discrimination Policy, whether informal resolution may be possible, and whether or not the complaint should be investigated.  The Office will consider the Complainant’s request as to whether or not the complaint should be investigated.

If the complaint has not been informally resolved within thirty (30) days of receipt of the complaint, Office of Equity and Inclusion shall confer with the Complainant to determine if they want to proceed with a formal investigation of the discrimination complaint. A formal investigation may also commence at the University’s discretion.

The Office of Equity and Inclusion shall issue Notice of Investigation, identify the investigator and provide the Complainant and Respondent written notice of the Complaint.

All parties and identified witnesses shall cooperate during the investigation by being available during reasonable business hours to discuss the complaint and provide relevant information requested by the investigator.

An investigation will then be conducted, and the investigator will interview the Complainant and the Respondent and other available relevant witnesses, review available relevant documents and prepare a written report.

The report will provide a determination as to whether based on a preponderance of the evidence (more likely than not), the conduct violates the University’s Non-Discrimination Policy and/or applicable local, state, and federal anti-discrimination laws.

In addition, and if applicable, the report will provide options for substantive resolution of the complaint and recommendations for corrective measures or sanctions.

The Office seeks to complete an investigation within ninety (90) business days and
may extend the time frames set forth in these procedures for good cause. This
time frame may vary depending on the complexity of the investigation, access to
relevant parties, and the severity and extent of the conduct.

The Provost (or his designee) shall make a decision based on the record and shall notify the Complainant and Respondent, in writing, of the decision and the basis for the decision, within twenty (20) days of receipt of the report.

3) Appeal

If either the Complainant or Respondent is not satisfied with the decision of the Provost (or the designee), the party may file a written appeal within thirty (30) calendar days of receipt of the Provost (or designee)’s decision.

The written appeal must include a detailed statement of the basis of the appeal. If an appeal is received from one party, the other party will be notified and given ten (10) business days to submit a written statement. A reviewer or panel shall review the decision and notify the Complainant of the final decision within thirty (30) calendar days of the receipt of the appeal.

If the complainant is a faculty member, and final decision affects the appointment, rank, or tenure of the complainant, the complainant can appeal the decision of the to the Faculty Grievance Committee the procedures set forth in the UMBC Policy on Appointment, Rank, and Tenure of Faculty.

Amended Effective: March 6, 2020