Maryland 2025 Regular Session

Maryland House Bill HB1462 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb1462
6	6
7	7	HOUSE BILL 1462
8	8	F2 5lr1955
9	9	CF SB 847
10	10	By: Delegates Solomon, Boafo, Cardin, Ebersole, Edelson, Fair, Foley, Forbes,
11	11	D. Jones, Kaiser, Kaufman, Lehman, R. Lewis, Spiegel, and Vogel
12	12	Introduced and read first time: February 7, 2025
13	13	Assigned to: Appropriations
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	Higher Education – Antihate and Antidiscrimination Policies and Workgroup 2
20	20	(Maryland Campus Accountability and Modernization to Protect University 3
21	21	Students Act) 4
22	22
23	23	FOR the purpose of requiring institutions of higher education to adopt and enforce certain 5
24	24	policies regarding antihate and antidiscrimination and time, place, and manner 6
25	25	requirements for expressive conduct for certain individuals at the institution; 7
26	26	requiring institutions of higher education to conduct certain meetings with certain 8
27	27	approved student organizations for a certain purpose; establishing the Campus 9
28	28	Community Grant Program; establishing the Workgroup on Combating 10
29	29	Antisemitism, Islamophobia, and Other Forms of Racial, Ethnic, and Religious 11
30	30	Violence, Harassment, and Intimidation; and generally relating to antihate and 12
31	31	antidiscrimination policies at institutions of higher education. 13
32	32
33	33	BY adding to 14
34	34	Article – Education 15
35	35	Section 11–2001 through 11–2006 to be under the new subtitle “Subtitle 20. 16
36	36	Antihate and Antidiscrimination Policies” 17
37	37	Annotated Code of Maryland 18
38	38	(2022 Replacement Volume and 2024 Supplement) 19
39	39
40	40	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
41	41	That the Laws of Maryland read as follows: 21
42	42
43	43	Article – Education 22
44	44
45	45	SUBTITLE 20. ANTIHATE AND ANTIDISCRIMINATION POLICIES. 23
46	46
47	47	11–2001. 24 2 HOUSE BILL 1462
48	48
49	49
50	50
51	51	(A) (1) THE GOVERNING BODY OF EACH INSTITUTION OF HIGHE R 1
52	52	EDUCATION SHALL ADOP T, ENFORCE, AND SUBMIT TO THE COMMISSION A POLICY 2
53	53	TO ADDRESS RACIAL, ETHNIC, AND RELIGIOUS VIOLENCE, HARASSMENT , AND 3
54	54	INTIMIDATION AT THE INSTITUTION. 4
55	55
56	56	(2) THE POLICY ADOPTED UN DER PARAGRAPH (1) OF THIS 5
57	57	SUBSECTION SHALL APPLY TO EACH STUDENT, FACULTY MEMBER , ADMINISTRATOR , 6
58	58	AND EMPLOYEE OF THE INSTITUTION AND INFO RM THE STUDENTS , FACULTY 7
59	59	MEMBERS, ADMINISTRATORS , AND EMPLOYEES OF THE IR RIGHTS AND DUTIES 8
60	60	UNDER THE POLICY . 9
61	61
62	62	(B) THE POLICY ADOPTED UNDER SUBSEC TION (A) OF THIS SECTION SHAL L 10
63	63	INCLUDE: 11
64	64
65	65	(1) TRAINING PROVIDED BY THE INST ITUTION TO ALL FACULTY 12
66	66	MEMBERS, ADMINISTRATORS , AND EMPLOYEES ON: 13
67	67
68	68	(I) APPROPRIATE RESPONSES TO HATE INCIDENTS OR 14
69	69	INCIDENTS OF VIOLENCE, HARASSMENT , OR INTIMIDATION THAT OCCUR DURING A 15
70	70	CLASS OR AN EVENT HELD AT THE IN STITUTION AT THE TIM E AN INCIDENT OCCURS ; 16
71	71	AND 17
72	72
73	73	(II) PROCEDURES FOR INITIATING, FILING, INVESTIGATING , 18
74	74	AND ADJUDICATING COMPLAINTS AND ALLEG ATIONS OF RACIAL , ETHNIC, AND 19
75	75	RELIGIOUS VIOLENCE, HARASSMENT , OR INTIMIDATION AGAI NST ANY STUDENT , 20
76	76	FACULTY MEMBER, ADMINISTRATOR , OR EMPLOYEE ; AND 21
77	77
78	78	(2) A COMPLAINT, ADJUDICATION , AND DISCIPLINARY PROCEDURE , 22
79	79	INCLUDING: 23
80	80
81	81	(I) AN OPTION TO SUBMIT C OMPLAINTS AND REPORT THREATS 24
82	82	ANONYMOUSLY ; 25
83	83
84	84	(II) DISCIPLINARY ACTIONS THAT MAY BE TAKEN AFTER A N 26
85	85	INVESTIGATION IS CON DUCTED; AND 27
86	86
87	87	(III) THE COMMUNICATIONS THAT MUST BE MADE AT THE 28
88	88	CONCLUSION OF THE CO MPLAINT ADJUDICATION PROCESS, REGARDLESS OF 29
89	89	WHETHER DISCIPLINARY ACTION IS TAKEN AGAINST AN INDIVIDUA L THAT IS THE 30
90	90	SUBJECT OF A COMPLAI NT, INCLUDING EDUCATIONAL INFORMAT ION ON THE 31
91	91	INSTITUTION’S POLICY AGAINST RAC IAL, ETHNIC, AND RELIGIOUS VIOLENCE, 32
92	92	HARASSMENT , AND INTIMIDATION . 33 HOUSE BILL 1462 3
93	93
94	94
95	95
96	96	11–2002. 1
97	97
98	98	(A) THE GOVERNING BODY OF EACH INSTITUTION OF HIGHER EDUCATION 2
99	99	SHALL ADOPT AND PUBLISH ON ITS WEBSITE A TIME , PLACE, AND MANNER POLICY 3
100	100	FOR THE EXPRESSIVE A CTIVITIES OF STUDENT S, FACULTY MEMBERS , 4
101	101	ADMINISTRATORS , AND EMPLOYEES AT THE INSTITUTION. 5
102	102
103	103	(B) THE POLICY REQUIRED U NDER SUBSECTION (A) OF THIS SECTION 6
104	104	SHALL INCLUDE PROCEDURES FOR : 7
105	105
106	106	(1) INSTITUTIONAL PREPARA TION FOR AND RESPONS E TO 8
107	107	EXPRESSIVE ACTIVITY ON CAMPUS THAT DISRU PTS EDUCATIONAL ACTI VITIES OR 9
108	108	THREATENS PUBLIC SAF ETY; 10
109	109
110	110	(2) NOTIFYING THE CAMPUS COMMUNITY ABOUT ANY DISRUPTIONS 11
111	111	TO EDUCATIONAL ACTIV ITIES OR THREATS TO PUBLIC SAFE TY; AND 12
112	112
113	113	(3) INVOLVING ITS CAMPUS SECURITY OR POLICE FORCE OR LAW 13
114	114	ENFORCEMENT IN RESPONSE TO SIGNIFICANT DISRUPTIONS. 14
115	115
116	116	(C) EACH INSTITUTION OF HIGHER EDUCATION SHALL ENSURE THAT IT S 15
117	117	CAMPUS SECURITY OR POLICE FORCE COLLABORATE WITH LOCAL LAW 16
118	118	ENFORCEMENT , THE MARYLAND STATE POLICE, AND STUDENT COMMUNIT IES OR 17
119	119	ORGANIZATIONS TO PROVIDE SECURITY FOR APPROVED STUDENT ORGANIZATION S 18
120	120	THAT HAVE RECEIVED THREATS OF TERROR AT TACKS OR VIOLENCE OR HAVE BEEN 19
121	121	SUBJECT TO HATE CRIMES. 20
122	122
123	123	11–2003. 21
124	124
125	125	EACH YEAR, AN INSTITUTION OF HIGHE R EDUCATION SHALL DESIGNATE A 22
126	126	SENIOR ADMINISTRATOR TO MEET WITH REPRESENTA TIVES OF APPROVED 23
127	127	STUDENT ORGANIZATION S, INCLUDING RELIGIOUSL Y AFFILIATED ORGANIZAT IONS, 24
128	128	TO DISCUSS THE FOLLOWING POLICIES AND TOPICS: 25
129	129
130	130	(1) AN ANTIHATE AND ANTI DISCRIMINATION POLICY ADOPTED 26
131	131	UNDER § 11–2001 OF THIS SUBTITLE; 27
132	132
133	133	(2) ANY INCIDENTS OF RACIAL, ETHNIC, OR RELIGIOUS VIOLENCE , 28
134	134	HARASSMENT , OR INTIMIDATION AGAI NST ANY STUDENT , FACULTY MEMBER, 29
135	135	ADMINISTRATOR , OR EMPLOYEE THAT OCCURRED ON CAM PUS; 30
136	136	4 HOUSE BILL 1462
137	137
138	138
139	139	(3) THE INSTITUTION’S TIME, PLACE, AND MANNER POLICY FOR THE 1
140	140	EXPRESSIVE ACTIVITIE S OF STUDENTS, FACULTY MEMBERS, ADMINISTRATORS , AND 2
141	141	EMPLOYEES ADOPTED UNDER § 11–2002 OF THIS SUBTITLE; AND 3
142	142
143	143	(4) ANY OTHER POLICY OR I SSUE IMPORTANT TO THE INS TITUTION’S 4
144	144	STUDENT COMMUNITY . 5
145	145
146	146	11–2004. 6
147	147
148	148	(A) IN THIS SECTION, “STATE OF MARYLAND HATE BIAS REPORT” MEANS 7
149	149	THE REPORT PUBLISHED EACH YEAR BY THE MARYLAND STATE POLICE, IN 8
150	150	PARTNERSHIP WITH THE MARYLAND COORDINATION AND ANALYSIS CENTER, 9
151	151	UNDER § 2–307 OF THE PUBLIC SAFETY ARTICLE THAT PROVIDES AN OVERVIEW OF 10
152	152	TRENDS IN HATE BIAS –RELATED INCIDENTS WI THIN THE STATE SEEMINGLY 11
153	153	MOTIVATED BY AN INDIVIDUAL ’S RACE, COLOR, RELIGIOUS BELIEFS , SEXUAL 12
154	154	ORIENTATION , GENDER, DISABILITY, NATIONAL ORIGIN , OR HOMELESSNESS . 13
155	155
156	156	(B) (1) EACH INSTITUTION OF H IGHER EDUCATION SHAL L RECOGNIZE 14
157	157	AND INCLUDE IN THE MISSION AND P ROGRAMMING OF THE IN STITUTION’S OFFICE 15
158	158	OF DIVERSITY AND INC LUSION OR ITS EQUIVA LENT, AT MINIMUM , THE FIVE 16
159	159	DEMOGRAPHIC GROUPS IN THE STATE SUBJECT TO THE HIGHEST PERCENTAGE O F 17
160	160	HATE BIAS–RELATED INCIDENTS AS DETERMIN ED UNDER PARAGRAPH (2) OF THIS 18
161	161	SUBSECTION. 19
162	162
163	163	(2) THE FIVE DEMOGRAPHIC GROUPS UNDER PARAGRAPH (1) OF 20
164	164	THIS SUBSECTION SHAL L BE DETERMINED BY REFERENCE TO THE SUBCATEGO RIES 21
165	165	IN THE BIAS MOTIVATI ON CHART WITH THE HIGHEST PERCENTAGE OF HATE 22
166	166	BIAS–RELATED INCIDENTS IN THE STATE OF MARYLAND HATE BIAS REPORT. 23
167	167
168	168	(C) NOTHING IN THIS SECTI ON MAY BE CONSTRUED TO DIMI NISH OR 24
169	169	INFRINGE ON ANY RIGH T PROTECTED UNDER TH E FIRST AMENDMENT TO THE U.S. 25
170	170	CONSTITUTION, ANY PROVISION OF THE MARYLAND CONSTITUTION OR THE 26
171	171	MARYLAND DECLARATION OF RIGHTS, OR ANY FEDERAL LAW A PPLICABLE TO 27
172	172	INSTITUTIONS OF HIGH ER EDUCATION . 28
173	173
174	174	11–2005. 29
175	175
176	176	(A) (1) ON OR BEFORE DECEMBER 1, 2025, AND EACH DECEMBER 1 30
177	177	THEREAFTER , EACH INSTITUTION OF HIGHE R EDUCATION SHALL SU BMIT TO THE 31
178	178	COMMISSION A REPORT ON: 32
179	179	HOUSE BILL 1462 5
180	180
181	181
182	182	(I) ALL ALLEGATIONS OR COMPLAINTS OF RACIAL, ETHNIC, 1
183	183	AND RELIGIOUS VIOLENCE, HARASSMENT , OR INTIMIDATION REPORTED TO THE 2
184	184	INSTITUTION; AND 3
185	185
186	186	(II) ANY OTHER DOCUMENTED INCIDENTS OF RACIAL, ETHNIC, 4
187	187	AND RELIGIOUS VIOLENCE, HARASSMENT , OR INTIMIDATION AT THE INSTITUTION 5
188	188	IN THAT YEAR. 6
189	189
190	190	(2) THE INFORMATION REPOR TED UNDER PARAGRAPH (1) OF THIS 7
191	191	SUBSECTION SHALL B E DISAGGREGATED BY : 8
192	192
193	193	(I) THE TARGETED DEMOGRAPHIC GROUP SUBCATEGORY 9
194	194	FROM THE CATEGORIES LISTED IN THE STATE OF MARYLAND HATE BIAS REPORT; 10
195	195
196	196	(II) THE TYPE OF INCIDENT ; 11
197	197
198	198	(III) THE LOCATION OF THE I NCIDENT; 12
199	199
200	200	(IV) THE STATUS OF ALL INVEST IGATIONS AND WHETHER THE 13
201	201	ALLEGATION OR COMPLAINT INITIATING AN INVEST IGATION WAS SUBSTANTIATED ; 14
202	202	AND 15
203	203
204	204	(V) ANY CHANGES TO INSTIT UTIONAL POLICY AS A RESULT OF 16
205	205	AN ALLEGATION , A COMPLAINT, OR AN INVESTIGATION . 17
206	206
207	207	(3) AN INSTITUTION’S REPORT UNDER THIS SUBSECTION SHALL 18
208	208	INCLUDE DATA FROM PRIOR YEARS AND ANALYZE THE PRIO R DATA TO IDENTIFY 19
209	209	TRENDS OR ANY OTHER NOTABLE DEVELOPMENTS . 20
210	210
211	211	(B) BEGINNING IN 2026, THE REPORT REQUIRED UNDER SUBSECTION (A) 21
212	212	OF THIS SECTION SHAL L INCLUDE A SUMMARY OF THE INSTITUTION ’S DISCUSSIONS 22
213	213	WITH STUDENT ORGANIZ ATIONS AND ANY CHANG ES TO INSTITUTIONAL POLICIES 23
214	214	RESULTING FROM THE D ISCUSSIONS CONDUCTED UNDER § 11–2003 OF THIS 24
215	215	SUBTITLE. 25
216	216
217	217	(C) ON OR BEFORE DECEMBER 31, 2025, AND EACH DECEMBER 31 26
218	218	THEREAFTER , THE COMMISSION SHALL SUBMIT A REPORT THAT SUMMARIZES THE 27
219	219	INFORMATION REPORTED BY INSTITUTIONS IN T HE REPORT S REQUIRED UNDER 28
220	220	SUBSECTION (A) OF THIS SECTION TO THE GENERAL ASSEMBLY, IN ACCORDANCE 29
221	221	WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE. 30
222	222
223	223	11–2006. 31
224	224	6 HOUSE BILL 1462
225	225
226	226
227	227	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 1
228	228	INDICATED. 2
229	229
230	230	(2) “CHANCELLOR ” MEANS THE CHANCELLOR OF THE UNIVERSITY 3
231	231	SYSTEM OF MARYLAND. 4
232	232
233	233	(3) “PROGRAM” MEANS THE CAMPUS COMMUNITY GRANT 5
234	234	PROGRAM. 6
235	235
236	236	(B) THE CHANCELLOR SHALL ESTA BLISH AND ADMINISTER A CAMPUS 7
237	237	COMMUNITY GRANT PROGRAM TO PROVIDE GRANTS TO APPROVED STUDENT 8
238	238	ORGANIZATIONS AT PUB LIC INSTITUTIONS OF HIGHER EDUCATION TO SUPPORT 9
239	239	INTERGROUP AND INTER FAITH OUTREACH AND C ULTURAL COMPETENCY B ETWEEN 10
240	240	APPROVED STUDENT ORGANIZATION S. 11
241	241
242	242	(C) THE CHANCELLOR SHALL ADOP T GUIDELINES AND PRO CEDURES FOR 12
243	243	THE PROGRAM, INCLUDING AN APPLICA TION PROCESS , CRITERIA FOR AWARDS , 13
244	244	AND A METHOD TO DETE RMINE THE DISTRIBUTI ON OF AWARDS . 14
245	245
246	246	(D) FOR FISCAL YEAR 2027, THE GOVERNOR SHALL INCLUD E IN THE 15
247	247	ANNUAL BUDGET BILL AN APPROPRIATIO N OF $500,000 TO THE PROGRAM. 16
248	248
249	249	SECTION 2. AND BE IT FURTHER ENACTED , That: 17
250	250
251	251	(a) The Secretary of Higher Education shall convene a Workgroup on Combating 18
252	252	Antisemitism, Islamophobia, and Other Forms of Racial, Ethnic, and Religious Violence, 19
253	253	Harassment, and Intimidation. 20
254	254
255	255	(b) The Workgroup shall consist of the following members: 21
256	256
257	257	(1) the Chancellor of the University System of Maryland , or the 22
258	258	Chancellor’s designee; 23
259	259
260	260	(2) the President of Morgan State University, or the President’s designee; 24
261	261
262	262	(3) the President of St. Mary’s College of Maryland, or the President’s 25
263	263	designee; 26
264	264
265	265	(4) the following members, appointed by the Secretary of Higher 27
266	266	Education: 28
267	267
268	268	(i) at least one representative of the Maryland Independent College 29
269	269	and University Association; 30
270	270	HOUSE BILL 1462 7
271	271
272	272
273	273	(ii) at least one representative of the Maryland Association of 1
274	274	Community Colleges; 2
275	275
276	276	(iii) at least one representative of an office of legal counsel or the 3
277	277	equivalent office at an institution of higher education; 4
278	278
279	279	(iv) at least one representative of an office of student life or the 5
280	280	equivalent office at an institution of higher education; 6
281	281
282	282	(v) at least one representative of an approved student organization 7
283	283	at an institution of higher education; 8
284	284
285	285	(vi) at least one representative of an organization representing 9
286	286	faith–based communities; and 10
287	287
288	288	(vii) at least one representative of an organization representing racial 11
289	289	and ethnic communities; and 12
290	290
291	291	(5) any other stakeholders chosen by the Secretary of Higher Education. 13
292	292
293	293	(c) The Workgroup shall develop model policies, guidance, best practices, and 14
294	294	recommendations for the policies and requirements established under Title 11, Subtitle 20 15
295	295	of the Education Article, as enacted under Section 1 of this Act, that includes: 16
296	296
297	297	(1) a review of current complaint investigation and adjudication 17
298	298	procedures and recommendations to increase transparency of processes in accordance with 18
299	299	State and federal laws; 19
300	300
301	301	(2) model requirements for the training provided by institutions of higher 20
302	302	education to administrators, faculty members, and staff on appropriate responses to hate 21
303	303	crimes or incidents of racial, ethnic, or religious violence, harassment, or intimidation that 22
304	304	occur during a class or event held at the institution at the time an incident occurs; 23
305	305
306	306	(3) best practices for collaboration with local, State, and federal law 24
307	307	enforcement to enhance security for students that face threats of terror attacks or violence 25
308	308	and hate crimes; 26
309	309
310	310	(4) a framework to promote an institution of higher education’s conduct 27
311	311	policies; 28
312	312
313	313	(5) recommended definitions for harassment, intimidation, and bullying; 29
314	314	and 30
315	315
316	316	(6) model procedures for investigating complaints submitted to an 31
317	317	institution of higher education regarding incidents of racial, ethnic, and religious violence, 32
318	318	harassment, or intimidation against any student, faculty member, administrator, or 33
319	319	employee. 34 8 HOUSE BILL 1462
320	320
321	321
322	322
323	323	(d) On or before January 1, 2026, the Secretary of Higher Education shall submit 1
324	324	a report on the findings and recommendations of the Workgroup to the Governor and, in 2
325	325	accordance with § 2–1257 of the State Government Article, the General Assembly. 3
326	326
327	327	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 4
328	328	1, 2025. Section 2 of this Act shall remain effective for a period of 1 year and, at the end of 5
329	329	June 30, 2026, Section 2 of this Act, with no further action required by the General 6
330	330	Assembly, shall be abrogated and of no further force and effect. 7