EEO > Equal Opportunity (EO) Policies

Frostburg State University is an Equal Opportunity institution with respect to both education and employment. The University's policies, programs, and activities are committed to diversity and conform to pertinent federal and state non-discrimination laws and regulations.

Following are non-discrimination/equal opportunity policies that appear in the FSU Administrative Policy Manual. The ADA Policies web page lists additional ADA-related policies.

• Non-Discrimination/Equal Opportunity
• Affirmative Action/Equal Employment Opportunity
• Policy on Diversity
• Policy on Compliance with Disability Discrimination Laws
• Sexual Harassment Policy
• FSU Procedures for Pursuing Complaints of Discrimination and Sexual Harassment
• Discrimination Complaint Form (DOC)
  

Non-Discrimination/Equal Opportunity (PN. 1.008)

Frostburg State University affirms its commitment to a campus environment which values human diversity and respects individuals who represent that diversity. Fostering diversity and respect for difference is a fundamental goal of higher education, ranking among the highest priorities of this institution. In this spirit, Frostburg State University is committed to a policy of equal opportunity and to the elimination of discrimination in both education and employment on the basis of race, color, national origin, ethnic background, gender, sexual orientation, age, creed, political or religious opinion or affiliation, disability, veteran's status or marital status, in conformity with all pertinent Federal and State laws on non-discrimination and equal opportunity.

This Policy 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.

The University has comprehensive written procedures to investigate and resolve complaints of discrimination or sexual harassment. These procedures may be obtained from the Office of ADA/EEO Compliance. Inquiries from students concerning an allegation of discrimination or sexual harassment against:

1) another student should be directed to the University Judicial Administrator, located in the Office of Student and Educational Services.

2) University employees should direct inquiries regarding an allegation of discrimination/harassment to the Director of ADA/EEO Compliance.

University employees should direct inquiries an regarding allegation of discrimination or sexual harassment to Human Resources or the Director of ADA/EEO Compliance.

Affirmative Action/Equal Employment Opportunity (PN. 1.002)

It is the policy of Frostburg State University to provide equal opportunity in employment for all persons, to prohibit discrimination in employment because of race, color, national origin, ethnic background, sex, sexual orientation, age, creed, political or religious opinion or affiliation, disability, veteran's status, or marital status, and to promote the full realization of equal employment opportunities through a continuing affirmative action program. This policy shall be an integral part of every aspect of the employment process, including, but not limited to, the recruitment, selection, testing, training, promotional advancement, and treatment of employees.

Policy on Diversity (PN. 1.006)

The entire Frostburg State University community - including the student body, the faculty and staff, the President of the University and its administration - affirms its commitment to a campus environment which values human diversity and respects individuals who represent that diversity. The community declares fostering diversity and respect for difference to be a fundamental goal of higher education, ranking among the highest priorities of this institution. Therefore, the University community takes the unequivocal position that racist practices, or any action, or institutional structure or process, that has for its purpose the subordination of a person or a group based on race, color, creed, disability, marital status, national origin, sex, age, or sexual orientation, will not be tolerated.

Policy on Compliance with Disability Discrimination Laws

Frostburg State University is committed to compliance with Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and the Americans with Disabilities Act of 1990. It is a priority of the University to ensure full participation in programs, employment and activities for all individuals.

Reasonable accommodations shall be provided, upon request, to employees, students and visitors to the University. All announcements in University publications and for University events shall contain a statement informing persons with disabilities of the procedures for requesting special accommodations. New construction projects and renovations shall comply fully with all federal, state and local codes, including the Americans with Disabilities Act Accessibility Guidelines and the Uniform Federal Accessibility Standards.

The University is committed to ensuring non-discrimination and to resolving any complaints related to disability in a prompt and equitable manner. The Director of Compliance shall attempt to resolve complaints following the University's internal grievance procedure.

Sexual Harassment Policy

The Frostburg State University community is committed to maintaining a working and learning environment in which students, faculty and staff can develop intellectually, professionally, personally and socially. Sexual harassment is inconsistent with maintaining such an environment and is a form of discrimination prohibited by federal and state law. The position of this University is that sexual harassment within the campus community will not be tolerated.

By law, sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

1. Submission to such conduct is made explicitly or implicitly a term or condition of an individual's educational or career advancement;
2. Submission to or rejection of such conduct by an individual is used as the basis for decisions affecting such individual's career or educational advancement; or
3. Such conduct has the purpose or effect of substantially interfering with an individual's performance or creating an intimidating, hostile, or offensive employment or educational environment.

Sexual harassment includes a variety of behaviors and may occur within a variety of relationships, including relationships between persons of the same or different genders or persons of equal or unequal power. For example, sexual harassment may be as undisguised as a direct solicitation of sexual favors or solicitation accompanied by overt threats. Harassment may also be implied by unwelcome physical contact; sexual remarks about a person's clothing, body or sexual relations; conversations or jokes and stories of a sexual nature; or the display in the work place or use in the classroom of sexually explicit materials which are inappropriate or without defensible educational purpose. Such acts are more likely than not to result in allegations of sexual harassment. In assessing whether a particular act constitutes sexual harassment forbidden under this policy, the rules of common sense and reason shall prevail. The standard shall be the perspective of a reasonable person within the campus community.

Members of the university community with personal knowledge of incidents of harassment are encouraged and university employees are required to report such knowledge to the Director of ADA/EEO Compliance.

All allegations of sexual harassment will be expeditiously, thoroughly and confidentially investigated following the Office of ADA/EEO Compliance Allegation of Discrimination/Harassment Procedures. The rights of both the alleged offender and the offended will be protected, including protection from retaliation. Frivolous or false reports of sexual harassment will be treated as seriously as the offense itself. Sanctions for sexual harassment may vary from reprimand to termination of employment or dismissal from the University. In addition, an individual may be criminally prosecuted for sexual harassment.

The University's commitment to maintaining a learning environment in which the intellectual, professional, personal and social development of members of the campus community is assured requires that all members of the community adhere to ethical and professional standards of conduct, as well as to legal standards. Therefore, consenting romantic or sexual relationships between faculty or staff member and student or between supervisor and employee, while not expressly forbidden, are generally deemed very unwise. Power differences between faculty and students or between supervisors and supervisees make the subordinate's voluntary consent to even an apparently consensual relationship questionable. Sexual relationships between a professor or supervisor and a subordinate may result in conflicts of interest or raise questions of favoritism. Wherever a power differential exists between persons who are romantically or sexually involved, the parties must realize that if a charge of sexual harassment is subsequently lodged, mutual consent will not necessarily be accepted as a reasonable defense.

FSU Procedures for Pursuing Complaints of
Discrimination and Sexual Harassment

In conformance with federal and state law and university policy we are guided by the principle that there shall be no difference in the treatment of individuals because of race, color, creed, religion, national origin, sex, age, disability, veteran status, or sexual orientation. Equal opportunity and access to programs shall be available to all members of the university community, both students and employed personnel at every level, and to all units, facilities, and services of the university.

Frostburg State University has established an internal grievance procedure providing for prompt and equitable processing of complaints through informal and formal procedures. Members of the campus community may at any time discuss matters involving allegations of discrimination or harassment in an informal way with the Director of ADA/EEO Compliance, Hitchins Administration Building 307, (301) 687-4102, TDD (301) 687-7955.

Complaints directed against an employee of the University will be handled by the Director of ADA/EEO Compliance (“the Director”). Complaints by a student directed against another student of the University will be handled by the University’s Judicial Administrator. In both instances, the procedures described here will be followed.

PROCEDURES APPLICABLE TO BOTH INFORMAL AND FORMAL COMPLAINTS:

1. Parties    Any member of the University community may bring a complaint of discrimination or sexual harassment pursuant to these procedures. Such a person is known as the Complainant. The person against whom the complaint is brought is known as the Respondent.
   
   
2. Timing of Complaints   A complaint must be brought within sixty (60) calendar days of the Complainant having reasonable knowledge of the occurrence of the act(s) upon which the complaint is based. In the case of a student complaint against a faculty member, the complaint must be brought within sixty (60) calendar days after the last day of the semester in which the incident occurred.
   
   
3. Confidentiality   To the extent permitted by law, the confidentiality of all persons involved in a discrimination or sexual harassment investigation or complaint will be observed, except insofar as information needs to be disclosed so that the University may effectively investigate the matter or take corrective measures. Confidentiality during and after the conclusion of an investigation is of utmost importance and is the responsibility of all involved persons. Unauthorized disclosures in violation of University policies may result in disciplinary action and/or other sanctions.
   
   
4. Retaliation   Persons who complain about discrimination or sexual harassment, respond to a complaint, or cooperate in the University’s handling of reports or complaints shall not be subject to retaliation for doing so, whether or not the University finds that there was harassment or discrimination. If anyone believes that she or he is being subjected to such retaliation, she or he should immediately report it to the ADA/EEO Compliance Director.
   
   
5. Advisors  Both the Complainant and the Respondent may elect to have an advisor of choice to assist in all phases of the formal complaint process. The advisor shall be selected from the University’s staff, faculty, or student body but cannot be a lawyer, nor can a party have legal counsel present during any stage of the complaint process. The Director will be available for consultation with advisors and to help a party obtain one, if necessary.
   
   
6. Conflicts   Should the ADA/EEO Compliance Director or the President be a Complainant or Respondent in a complaint of discrimination or sexual harassment, a substitute will be duly appointed.
   
   
7. Choice of forum   The University will not accept or consider a complaint from the same complainant which is substantially the same as one being or previously considered by another University or governmental proceeding.

INFORMAL COMPLAINT PROCEDURE

1. Registering Complaints   The Director of ADA/EEO Compliance is available for informal consultation and resolution when an individual feels that discrimination, including sexual harassment has or may have occurred. Such consultation is normally the beginning step in resolving differences which arise from alleged discriminatory practices. The Director will provide the Complainant with a copy of University procedures for pursuing complaints of discrimination or sexual harassment and will discuss these procedures to help the Complainant understand the process. The Complainant will also be instructed to complete the Discrimination Complaint Form.
   
   
2. Discussion    The Director will discuss the issues with the Complainant to gain an understanding of the concern being registered. The Director may request that the alleged violation be further described in writing by the Complainant, or the Director may develop a written statement of the complaint for review and validation by the Complainant.
   
   
3. Resolution   Negotiated resolution is a process by which the Director attempts to resolve complaints quickly and to the satisfaction of all parties without reaching formal findings. Generally only the complainant and respondent are involved in the negotiated resolution process, except as needed to consult with appropriate University officials regarding University policies and procedures. It is expected that this process will not take more than 14 working days, except in unusual or unavoidable circumstances.
   
   The Director will prepare a written summary of the complaint, the process used to explore it, and conclusions and recommendations. The summary will be provided to both the Complainant and the Respondent.

FORMAL COMPLAINT PROCEDURE

If the informal process fails to resolve the dispute, or a complainant chooses not to use the informal process, the formal complaint procedure will be applied.

1. Initiation of Complaint

A formal complaint will be processed in two situations, as follows:

(A) If either the Complaint or Respondent disagrees with any conclusion reached by the Director during the negotiated resolution process, the party may utilize the formal complaint process. He or she must indicate a desire to do so in writing within 15 days of the date of the Director’s written summary, and must describe the conclusions that are disputed.

(B) If the informal process was not used, the Complainant begins the process by conferring with the Director and completing the Discrimination Complaint Form. If necessary, additional written information may be requested by the Director.

(C) The Respondent will be given a copy of the Complainant’s written submission(s) (“the Complaint”) by the Director and then shall submit a written response to the allegations to the Director. The response shall be provided within 10 days of the receipt of the Complaint.

(D) The Director will decide if an investigation of the dispute should be undertaken or if the matter should proceed directly to a hearing.

2. Investigation

The Director shall conduct and conclude any investigation of the facts as promptly as possible. The Director will arrange meetings with the Complainant and Respondent as needed. The investigation may include review of relevant University records as well as interviews with witnesses.

At the conclusion of the investigation, the Director shall prepare a written decision setting forth (a) findings of fact concerning the alleged events; (b) a conclusion that a violation of the University policy did or did not occur, and (c) a recommendation as to any disciplinary sanctions that should be imposed. Recommended disciplinary sanctions may include, but are not limited to, a letter of reprimand, a letter of apology, counseling, demotion or suspension, termination of employment, or expulsion from the University. In preparing this decision, the Director shall consult fully with the University's attorney and any other appropriate University officials as necessary and required.

The written decision shall be forwarded within 10 days of the conclusion of the investigation to the Complainant and the Respondent. The Complainant and the Respondent will also be informed of their rights to accept the decision of the ADA/EEO Compliance Director or to request a formal hearing. If neither the Complainant nor the Respondent requests a formal hearing within the time stipulated below, the decision of the Director shall be implemented as the final decision of the University.

3. Hearing

If either the Complainant or Respondent disagrees with any conclusion reached by the Director, either may request a formal hearing. The request must be made in writing within 15 days of the date of the Director’s written decision. The hearing request must identify the finding(s) that are disputed and the reason(s) for the disputes.

(A) Pre-Hearing Procedures

1. The Director will promptly notify the Chair of the ADA/EEO Committee to convene a Hearing Panel consisting of five voting members of the ADA/EEO Committee. No member of the Hearing Panel may have served as an investigator, witness or party in connection with the complaint in question. The Director shall provide to the Chair a copy of the Complaint, the response, and the request for a hearing.

2. The Chair, in consultation with committee members will establish a hearing date and time. Every effort will be made to conduct the hearing within 15 days of the request. The Chair will notify the Complainant and Respondent of the date, time and place of the hearing in writing at least 10 working days prior to the hearing.

3. The Chair also will notify the Complainant and Respondent of their right to produce witnesses and present documentation supporting their positions at the hearing. The Complainant and Respondent will be asked to submit the names of any witnesses to appear at the hearing at least 7 working days prior to the hearing date, but the parties are responsible for securing the attendance of their witnesses at the hearing.

(B) Hearing Procedures

1. The Chair will focus the hearing so that it concerns solely those issues or aspects of the decision of the Director about which the parties disagree.

2. The Complainant and the Respondent will be present throughout the hearing unless they voluntarily choose not to participate.

3. Witnesses supporting the Complainant or Respondent will be present at the hearing only while making their own statements and responding to any questions from the Hearing Panel.

4. Advisors may be present during the hearing. Both the Complainant and the Respondent may confer with their respective advisors, but may not participate in general discussion during the proceedings or ask questions of any persons appearing before the Hearing Panel.

5. The Director will serve as a resource to the Hearing Panel and shall be in attendance during all proceedings.

6. University counsel may be present to advise the Committee.

7. During the hearing the Chair may exclude irrelevant or unduly repetitious testimony.

8. The parties and the Hearing Panel may question the witnesses, including the parties. The Chair may decide that the parties may not directly question each other; instead, they may convey their questions to the Chair who then will ask them.

9. The Hearing Panel may consider any other evidence that the Chair decides is relevant and helpful.

(C) Order of Hearing

1. The Chair will ask the Complainant to begin the proceeding with an oral or written presentation of his/her complaint. The Complainant then may be questioned.

2. The witnesses appearing on behalf of the Complainant will then present statements, and may be questioned.

3. The Chair will ask the Respondent to give an oral or written presentation of his/her response to the Complainant. The Respondent then may be questioned.

4. The witnesses appearing on behalf of the Respondent will then present statements, and may be questioned.

5. The decision of the Director shall be introduced as evidence but is entitled to no presumption of correctness.

6. The Complainant and then the Respondent may each present a summary statement at the conclusion of the hearing.

7. The Chair may suspend the hearing and convene it later if additional evidence must be sought.

4. Resolution

1. Within fifteen (15) days of the conclusion of the hearing, the Hearing Panel will submit a written report to the President containing its findings, conclusions and recommendations, and will send a copy to the Director. The Chair will forward a letter summarizing the findings of the Hearing Panel to the Complainant and Respondent.

2. Within fifteen (15) days following the receipt of the report of the Hearing Panel, the President shall issue a final written decision which may accept, reject, or modify the recommendations of the Panel. The final decision shall be mailed to the Complainant, the Respondent, the ADA/EEO Compliance Director and the members of the Hearing Panel.

5. Additional Options for Resolution

State law provides remedies for persons who claim to be victims of discrimination or sexual harassment, outside of the procedures described above.

Employees may file an employment discrimination complaint with the President pursuant to Title 5, Subtitle 2 of the State Personnel and Pensions Article of the Annotated Code of Maryland.

Nonexempt employees may bring discrimination or sexual harassment complaints in the form of a grievance under the procedures set forth in Title 13, Subtitle 2 of the Education Article of the Annotated Code of Maryland as set forth in the Memorandum of Understanding between Frostburg State University and the American Federation of State, County and Municipal Employees, Article 17, Grievance procedure.

Individuals may file a complaint with the federal Equal Employment Opportunity Commission, the Maryland Commission on Human Relations or the United States Department of Education. Should an individual wish to file a formal complaint with an external agency, additional information on the procedures can be obtained from the Office of Human Resources or from the Director. A person wishing to file a complaint with an external agency should promptly contact that agency to verify the time periods and other requirements for filing. In addition, it is important to note that filing an internal complaint under the University's own procedures or under the optional internal procedures referenced above, does not extend the time period for filing a complaint with any of the external agencies.