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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 (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 priority 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. These procedures may be obtained from the Title IX/ADA/EEO Coordinator.

  1. Inquiries from students concerning an allegation of discrimination against: 
    another student should be directed to the University Title IX/ADA/EEO Coordinator, located in the Office of Gender Equity;

  2. A University employee should be directed to Title IX/ADA/EEO Coordinator.

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, 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 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, disability, genetic information, creed, 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.

Procedures for Filing Complaints of Discrimination

Note: This information is only a summary. Complete details necessary for filing complaints are available in the text of “Procedures for Filing Complaints of Discrimination.” Copies are available online at www.frostburg.edu, the Office of ADA/EEO, 126 Hitchens Administration Building, Frostburg, Maryland (301)687-3135.

An allegation of discrimination should be related to a violation of Federal or State mandates or University policy based on race, color, national origin, ethnic background, sex/gender, sexual orientation, age, creed, political or religious opinion or affiliation, disability, veteran’s status, or marital status. A complaint may be filed by any student or former student or by any employee or former employee. Members of the campus community may at any time discuss matters involving allegations of discrimination in an informal and confidential manner with the Title IX/ADA/EEO Coordinator.

University policy requires all University employees, and students are encouraged to report knowledge of discriminatory situations to the Director of the ADA/EEO and Immigration Compliance prior to taking any action to investigate or resolve the matter. A complaint should be registered with the ADA/EEO Office within 60 calendar days of reasonable knowledge of the occurrence of the alleged act(s). When an allegation of discrimination is brought to the Title IX/ADA/EEO Coordinator will either act as mediator to resolve the issue or make a recommendation for resolution.

Office of ADA/EEO
(Revised 06/20)
(Internal)

FSU Procedures for Pursuing Complaints of Discrimination

1) Introduction

Frostburg state University 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 Frostburg State University may use this procedure.

All discrimination complaints will be promptly investigated.

Complaints may be submitted by using the Frostburg State University Complaint Form located online at https://www.frostburg.edu/compliance/_files/pdfs/complaint-form.pdf
 
or by contacting:

Title IX/ADA/EEO Coordinator, at titleix@frostburg.edu or 301 687 3035

Individuals who experience violations of this Policy are encouraged to promptly file a complaint not 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.

Written complaints are encouraged, but not required.

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

To the extent permitted by law, the confidentiality of all persons involved in a discrimination 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.

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 Coordinator will be available for consultation with advisors and to help a party obtain one, if necessary.

The Title IX/ADA/EEO Coordinator 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 additional resources and supports, schedule adjustments, or changes in work location.

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

The Coordinator 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, The Coordinator shall confer with the Complainant to determine if he/she/they want to proceed with a formal investigation of the discrimination complaint. A formal investigation may also commence at the University’s discretion.

The Coordinator 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.

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 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.

In cases in which a student is the Complainant and the complaint is of an academic nature, 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 is of a fair practices of employment nature, 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.

3) 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.

4.) Additional options for resolution

State law provides remedies for persons who claim to be victims of discrimination 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.