Equal Employment Opportunity Policy, Complaint Procedure and Related Links

Equal Employment Opportunity Policy

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, genetic information, creed, political or religious opinion or affiliation, disability, veteran's status, or marital status, and to promote the full realization of equal employment opportunities for all within our University community. 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.

FSU Procedures for Pursuing Equal Employment Opportunity Complaints

Frostburg State University has developed the following procedure to provide prompt and equitable resolution of Equal Employment Opportunity (EEO) Complaints.

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

An EEO Complaint should be related to an alleged violation of Federal or State mandates or the University’s Equal Employment Opportunity Policy. Individuals who feel that they have experienced violation(s) Federal or State mandates or of the University’s EEO Policy are encouraged to promptly file a complaint no later than 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 employee complaint against a supervisor, the complaint must be brought within sixty (60) calendar days after the last day of the semester in which the incident occurred.

Employees wishing to submit a complaint may do so by using the Equal Employment Opportunity Complaint Form. or by contacting the Title IX/ADA/EEO Director, at titleix@frostburg.edu or 301-687-3035.

If a verbal complaint is made, the Title IX/ADA/EEO Director may work with the Complainant to complete the Frostburg State University Complaint Form and ask that the Complainant acknowledge its accuracy in writing.

Upon receipt of an EEO report or complaint, the Director will acknowledge receipt of the complaint by sending written notification to the Complainant. The Director will also schedule a time to meet with the complainant to conduct an initial review of the reported information.

During the initial review/intake meeting the Director will seek to determine whether the alleged behavior, if proven, would constitute a policy violation. The Director and complainant will also discuss interim measures and options for remedy, should it be determined that a policy violation may exist in the matter.

To the extent permitted by law, the confidentiality of all persons involved in an EEO 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.

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 or could be an outside attorney. However, if the advisor is an outside attorney, he/she/they cannot be present during any stage of the complaint process. The Director will be available for consultation with advisors and may assist a party in obtaining an advisor, if necessary.

The Title IX/ADA/EEO Director may implement appropriate Interim Measures while the matter is being resolved or investigated. Examples of Interim Measures include, but are not limited to, a referral to additional resources and supports, schedule adjustments, or changes in work location.

Should the Title IX ADA/EEO Director or the President be a Complainant or Respondent in an EEO complaint, a substitute will be duly appointed.

If the complaint has not been resolved within thirty (30) days of receipt of the complaint, The Director shall confer with the Complainant to determine if he/she/they want to proceed with a formal investigation of the EEO complaint. A formal investigation may also commence at the University’s discretion and without the consent of the Complainant.

Upon the decision to conduct a formal investigation, The Director 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 alleged conduct violates the University’s Non-Discrimination Policy.

In addition, and if applicable, the report will provide options for substantive resolution of the complaint and recommendations for corrective measures or sanctions, to be provided to either the Provost or Chief Human Resources Officer.

The University 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.

In cases in which the complaint involves faculty, The Provost (or 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.

In cases in which the compliant involves staff, The Chief Human Resources Officer (or 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.

In cases in which the complaint resides within either of the aforementioned offices, the President shall designate a party to act in the capacity of either the Provost or the Chief Human Resources Officer, respectively.

Appeal

If either the Complainant or Respondent is not satisfied with the decision of the Provost/ Chief Human Resources Officer (or the designee), the party may file a written appeal within thirty (30) calendar days of receipt of 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 and Respondent 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 to the Faculty Grievance Committee the procedures set forth in the Frostburg State University Policy on Appointment, Rank, and Tenure of Faculty.

Additional options for resolution

State law provides remedies for persons wishing to file an EEO complaint 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 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.

Equal Employment Opportunity Policy, Complaint Procedure and Related Links