Home / Regents / Bylaws / SectionVII / VII230 
VII - 2.30 - USM POLICY ON EMPLOYEE AND APPLICANT DISCLOSURE OF
        MISCONDUCT FOR EXEMPT AND NONEXEMPT STAFF EMPLOYEES AND
        APPLICANTS FOR USM STAFF JOBS

(Approved by the Board of Regents, December 13, 1996; Amended
February 21, 2003)


I.   PURPOSE AND APPLICABILITY
     
     The purpose of this policy is to set forth the University System
     of Maryland (USM) policy on employee and applicant disclosure of
     misconduct, and to protect employees and applicants from
     retaliation in the form of an adverse personnel action for
     disclosing what the employee or applicant believes evidences
     certain unlawful, wasteful or hazardous practices. This policy
     is applicable to all Exempt, and Nonexempt Staff employees of
     the USM and to applicants for USM jobs in these categories
     
II.  DEFINITIONS

     The following terms and definitions shall apply for purposes of
     this policy:
     
     "Applicant" - Means any USM or other state of Maryland employee
     who is an applicant for a USM job.
     
     "Adverse Personnel Action" - means any such actions as: a
     disciplinary suspension; a decision not to promote; a decision
     not to grant a salary increase; a decision not to hire; a
     termination; an involuntary demotion; rejection during
     probation; a performance evaluation in which the employee's
     performance is generally evaluated as unsatisfactory; an
     involuntary resignation; an involuntary retirement; an
     involuntary reassignment to a position with demonstrably less
     responsibility or status as the one held prior to the
     reassignment; or an unfavorable change in the general terms and
     conditions of employment.
     
III. STATEMENT OF POLICY
     
     It is the policy of the University System of Maryland that any
     Exempt or Nonexempt Staff employee or applicant may, without
     fear of retaliation, make known allegations of alleged
     misconduct existing within the USM that he/she reasonably
     believes evidences:
     
  ·    An abuse of authority, gross misconduct, or gross waste of money; or
       A substantial and specific danger to public health or safety; or
       A violation of law.
     
     A representative of the USM shall not take any adverse personnel
     action as retaliation against an employee or applicant who
     discloses information regarding misconduct under this policy or
     who, following such disclosure, seeks a remedy provided under
     this policy or any law or other USM policy.
     This policy does not apply to a disclosure that is specifically
     prohibited by law unless such disclosure is made in accordance
     with Section IV.E. of this policy.
     
     This policy does not prohibit a personnel action that would have
     been taken regardless of a disclosure of information.
     
IV.  PROCESS FOR DISCLOSURE
     
     A. An employee or applicant who chooses to disclose information
        regarding misconduct, shall disclose all relevant information
        regarding misconduct, as described in Section III, to the Chief
        Executive Officer (CEO) or designee of the applicable USM institution
        in a signed written document within one-year of the day on which
        he/she knew or reasonably should have known of the misconduct.
     
     B. In consultation with the Maryland Attorney General's Office, the
        CEO or designee shall consider the disclosure and take whatever
        action he/she determines to be appropriate under the law and
        circumstances of the disclosure.
     
     C. In the case of disclosure of misconduct involving the CEO of an
        USM institution, the disclosure shall be directed to the CEO of the
        University System of Maryland (Chancellor) or designee.  In
        consultation with the Maryland Attorney General's Office and the
        Board of Regents, the Chancellor or designee shall consider the
        disclosure and take whatever action he/she determines to be
        appropriate under the law and circumstances of the disclosure.
     
     D. In the case of disclosure of misconduct involving the CEO of the
        USM (Chancellor), the disclosure shall be directed to the Chair of
        the USM Board of Regents.  In consultation with the Maryland Attorney
        General's Office the Chair shall consider the disclosure and take
        whatever action he/she determines to be appropriate under the law and
        the circumstances of the disclosure.
     
     E. The disclosure of information, which is otherwise prohibited by
        law, shall be disclosed to the Assistant Attorney General designated
        by the Maryland Attorney General to receive such information.
     
V.   COMPLAINTS OF RETALIATION AS A RESULT OF DISCLOSURE
     
     If an employee or applicant believes that he or she has been
     retaliated against in the form of an adverse personnel action
     for disclosing information regarding misconduct under this
     policy he/she may file a written complaint requesting an
     appropriate remedy.
     
VI.  PROCESS FOR ADJUDICATION OF COMPLAINTS STEMMING FROM DISCLOSURE
     
     A. An employee may file a complaint with the appropriate CEO or
        designee within thirty (30) calendar days from the effective date of
        the adverse personnel action or from the date on which the employee
        or applicant should reasonably have had knowledge of the adverse
        personnel action.
     
     B. Complaints shall be filed in writing and shall include:
       1. name and work address of the complainant;
       2. name and title of USM official(s) against whom the complaint is
          made;
       3. the specific type(s) of adverse personnel action(s) taken;
       4. the specific date(s) on which the adverse personnel  action(s)
          wAS(Were) taken;
       5. a clear and concise statement of the facts that form the basis
          of the complaint;
       6. a clear and concise statement of the complainant's  explanation
          of how his/her previous disclosure of misconduct is related to the
          adverse personnel action; and
       7. a clear and concise statement of the remedy sought by the
          complainant.
     
     C. A complaint shall not be accepted, or continue to be resolved
        under this Section VI., which is substantially the same as a
        complaint that is currently being considered or has previously been
        determined under this policy, under another USM policy, or by an
        external agency.
     
     D. Within sixty (60) calendar days of receipt of the complaint, the
        CEO or designee shall consider the written complaint, shall conduct
        an investigation which, in his/her judgment, is consistent with the
        circumstances of the complaint and disclosure, and shall provide the
        complainant with a determination regarding the complaint.
     
        The determination shall be in writing and shall include the
        findings of fact, the conclusions of the investigation and,
        if applicable, a specific and timely remedy consistent with
        the findings.
     
        For purposes of this policy a remedy may include back pay,
        promotion, reinstatement,  reassignment, removal of
        detrimental material from institutional files, a written
        correction of institutional records, appointment, a change in
        the terms and conditions of employment, or any other action
        considered by the CEO or designee to be consistent with the
        findings.
     
        Irrespective of a complainant's appeal of the determination,
        if it is determined that an employee or applicant has been
        retaliated against for his/her prior disclosure of
        misconduct, in consultation with the Maryland Attorney
        General's Office, the CEO shall initiate appropriate and
        immediate disciplinary and/or legal action consistent with
        the circumstances of the complaint and the disclosure against
        the perpetrator(s) of the retaliation.
       
     E. In the event the complainant takes exception to the
        determination issued by the CEO or designee, or if the
        determination is not issued within sixty (60) days, then the
        complainant, if eligible, may file a grievance.
     
VII. FILING OF A COMPLAINT WITH DBM

     An employee may file a complaint with the Secretary of the
     Department of Budget and Management (DBM) in accordance with DBM
     regulations, provided that a complaint may not be filed with DBM
     as to any matter which is the subject of a grievance filed by
     the employee under USM Policy VII - 8.00.

VIII. DISCIPLINARY ACTION AGAINST THOSE RESPONSIBLE FOR THE
      RETALIATION

     If it is determined that an employee or applicant has been
     retaliated against for his/her prior disclosure of misconduct,
     appropriate disciplinary action shall be initiated against those
     responsible for the retaliation.

IMPLEMENTATION PROCEDURE:

     Each Chief Executive Officer shall identify his/her designee(s),
     if appropriate, for this policy; shall develop procedures as
     necessary to implement this policy; and shall forward a copy of
     such procedures to the Chancellor.

REFERENCES:

     State Personnel and Pensions Article, Section 5-302 and 5-307,
     October 1, 2002.

REPLACEMENT FOR:

     UM BOR III - 20.00, June 25, 1985, Policy on Protection of
     Certain Classified Employee Disclosures.

     UM Personnel Policies and Rules for Classified Employees,
     Section VIII, Conduct and Discipline, Page VIII-4.

     Additionally, this policy supersedes, in whole, or in part, any
     policy(ies) and/or procedures(s) established by the Regents,
     Trustees, Presidents, or their designees, of the former
     institutions of the University of Maryland, and of the former
     State Universities and Colleges, and of the Regents of the
     University of Maryland System that are in conflict with this
     policy's purpose, applicability, or intent, that may have been
     overlooked and not included as a specific citation under
     "Replacement for."
Email iconEmail this Page to a Colleague Print iconPrinter Friendly Version
Questions? Comments? Contact Us