FACULTY HANDBOOK July 2009 - Morgan State University

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PAGE 114 * Morgan State University Faculty HandbookE. Findings of Fact and Recommendations for ActionThe written findings of fact derived from the investigation andrecommendations for action by the Equal Opportunity Officer or such otherperson designated by the President shall be confidentially reported to thePresident (or the President's designee). The written findings of fact shall alsobe confidentially reported to the relevant vice president, dean or chairperson orsupervisor as determined by the Equal Opportunity Officer upon priorconsultation with the General Counsel. Recommended sanctions foremployees accused of sexual harassment include, but are not limited to,reprimand and termination. Recommended sanctions for students accused ofsexual harassment include, but are not limited to, suspension and expulsion.The Equal Opportunity Officer may advise the Complainant and the Accusedof the result of the investigation (that is, whether harassment has beenconfirmed). Neither the Complainant nor the alleged harasser are entitled toreceive a copy of the findings of fact and recommendations for action; exceptwhere disciplinary action is involved, the accused shall be provided withnotice of the findings of fact which resulted in the recommendation fordisciplinary action. Upon written request, however, both parties may receive asummary of the findings of fact.In instances where the Equal Opportunity Officer’s findings of fact sustain anyof the Complainant’s allegations and a recommendation for disciplinary actionis made, the procedure employed to proceed with disciplinary action shalldepend upon the employment category of the Accused and the policies andprocedures governing an employee within that employment category.Examples of procedures include, but are not limited to:• a recommendation for termination of a tenured or tenure track facultymember which may be handled in accordance with the faculty terminationpolicy;• a recommendation of disciplinary action less than termination of a tenuredor tenure track faculty member which may be referred to the applicableDean or the Vice President for Academic Affairs for action which theAccused may appeal (to the Vice President for Academic Affairs whenaction is taken by the Dean and to the Executive Assistant to the Presidentwhen the action is taken by the Vice President for Academic Affairs) withinfive (5) working days after receiving notice of the disciplinary action.• a recommendation for termination of a classified employee may be handledin accordance with State law and the classified employees’ policies andprocedure manual.• a recommendation for disciplinary action against a student may be handledin accordance with the Code of Student Conduct.• recommendations for action based upon a finding of sexual harassmentcommitted against a member of the University community (employee or student)
PAGE 115 * Morgan State University Faculty HandbookV. CONFIDENTIALITYby a person external to the University (an independent contractor, a vendor, athird party) will depend upon the circumstances of each case and may include,but are not limited to termination of a contractor's contract with the University;referral to officials of the criminal justice system; and advisement of trespassfrom the University.Sexual harassment is a matter of grave concern for both the Complainant and theAccused. Therefore, information gathered during the investigation of sexualharassment complaints will be handled discreetly and with the utmost sensitivity andcare. Notwithstanding the above, in the course of any investigation, the release ofsome information is necessary in order to gather relevant information.VI.OTHER RESOURCESPersons who feel they are the victims of sexual harassment may pursue the matterwith an external organization which may include but is not limited to: the MarylandCommission on Human Relations and/or the Equal Employment OpportunityCommission. In addition, the circumstances of the case may warrant theconsideration of the filing of a complaint pursuant to the Code of Student Conductand the Classified Employee's grievance procedures. Other civil and criminal causesof action may be available to the Complainant.VII.RETALIATIONAny member of the University community who attempts to interfere, restrain, coerce,discriminate against, or harass any individual for participation in the procedures setforth in this policy will be subject to disciplinary action including but not limited to:for employees - termination, suspension, or formal reprimand; and for students -suspension or expulsion.VIII.FALSE AND MALICIOUS CHARGESThe use of this Policy for false or malicious purposes is strictly prohibited. Anystudent, faculty member, or staff member who exercises bad faith and brings a falseor malicious charge of sexual harassment against another member of the Universitycommunity may be subject to disciplinary action including but not limited to: foremployees - termination, suspension, or formal reprimand; and for students -suspension or expulsion.IX.EDUCATION PROGRAMSEducational efforts are essential to the establishment of a campus environment that isas free as possible of sexual harassment. There are at least four goals to be achievedthrough education: ensuring that all victims (and potential victims) are aware of theirrights; notifying individuals of conduct that is proscribed; informing administratorsabout the proper way to address complaints of violations of this Policy, and helpingeducate the insensitive about the problems this Policy addresses. Copies of thisPolicy shall be made available to all members of the campus community. Training
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