Maryland 2025 Regular Session

Maryland House Bill HB1462 Latest Draft

Bill / Introduced Version Filed 02/07/2025

                             
 
EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. 
        [Brackets] indicate matter deleted from existing law. 
          *hb1462*  
  
HOUSE BILL 1462 
F2   	5lr1955 
    	CF SB 847 
By: Delegates Solomon, Boafo, Cardin, Ebersole, Edelson, Fair, Foley, Forbes, 
D. Jones, Kaiser, Kaufman, Lehman, R. Lewis, Spiegel, and Vogel 
Introduced and read first time: February 7, 2025 
Assigned to: Appropriations 
 
A BILL ENTITLED 
 
AN ACT concerning 1 
 
Higher Education – Antihate and Antidiscrimination Policies and Workgroup  2 
(Maryland Campus Accountability and Modernization to Protect University 3 
Students Act) 4 
 
FOR the purpose of requiring institutions of higher education to adopt and enforce certain 5 
policies regarding antihate and antidiscrimination and time, place, and manner 6 
requirements for expressive conduct for certain individuals at the institution; 7 
requiring institutions of higher education to conduct certain meetings with certain 8 
approved student organizations for a certain purpose; establishing the Campus 9 
Community Grant Program; establishing the Workgroup on Combating 10 
Antisemitism, Islamophobia, and Other Forms of Racial, Ethnic, and Religious 11 
Violence, Harassment, and Intimidation; and generally relating to antihate and 12 
antidiscrimination policies at institutions of higher education. 13 
 
BY adding to 14 
 Article – Education 15 
Section 11–2001 through 11–2006 to be under the new subtitle “Subtitle 20.  16 
Antihate and Antidiscrimination Policies” 17 
 Annotated Code of Maryland 18 
 (2022 Replacement Volume and 2024 Supplement) 19 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20 
That the Laws of Maryland read as follows: 21 
 
Article – Education 22 
 
SUBTITLE 20. ANTIHATE AND ANTIDISCRIMINATION POLICIES. 23 
 
11–2001. 24  2 	HOUSE BILL 1462  
 
 
 
 (A) (1) THE GOVERNING BODY OF EACH INSTITUTION OF HIGHE R 1 
EDUCATION SHALL ADOP T, ENFORCE, AND SUBMIT TO THE COMMISSION A POLICY 2 
TO ADDRESS RACIAL, ETHNIC, AND RELIGIOUS VIOLENCE, HARASSMENT , AND 3 
INTIMIDATION AT THE INSTITUTION. 4 
 
 (2) THE POLICY ADOPTED UN DER PARAGRAPH (1) OF THIS 5 
SUBSECTION SHALL APPLY TO EACH STUDENT, FACULTY MEMBER , ADMINISTRATOR , 6 
AND EMPLOYEE OF THE INSTITUTION AND INFO RM THE STUDENTS , FACULTY 7 
MEMBERS, ADMINISTRATORS , AND EMPLOYEES OF THE IR RIGHTS AND DUTIES 8 
UNDER THE POLICY . 9 
 
 (B) THE POLICY ADOPTED UNDER SUBSEC TION (A) OF THIS SECTION SHAL L 10 
INCLUDE: 11 
 
 (1) TRAINING PROVIDED BY THE INST ITUTION TO ALL FACULTY 12 
MEMBERS, ADMINISTRATORS , AND EMPLOYEES ON: 13 
 
 (I) APPROPRIATE RESPONSES TO HATE INCIDENTS OR 14 
INCIDENTS OF VIOLENCE, HARASSMENT , OR INTIMIDATION THAT OCCUR DURING A 15 
CLASS OR AN EVENT HELD AT THE IN STITUTION AT THE TIM E AN INCIDENT OCCURS ; 16 
AND 17 
 
 (II) PROCEDURES FOR INITIATING, FILING, INVESTIGATING , 18 
AND ADJUDICATING COMPLAINTS AND ALLEG ATIONS OF RACIAL , ETHNIC, AND 19 
RELIGIOUS VIOLENCE, HARASSMENT , OR INTIMIDATION AGAI NST ANY STUDENT , 20 
FACULTY MEMBER, ADMINISTRATOR , OR EMPLOYEE ; AND 21 
 
 (2) A COMPLAINT, ADJUDICATION , AND DISCIPLINARY PROCEDURE , 22 
INCLUDING: 23 
 
 (I) AN OPTION TO SUBMIT C OMPLAINTS AND REPORT THREATS 24 
ANONYMOUSLY ; 25 
 
 (II) DISCIPLINARY ACTIONS THAT MAY BE TAKEN AFTER A N 26 
INVESTIGATION IS CON DUCTED; AND 27 
 
 (III) THE COMMUNICATIONS THAT MUST BE MADE AT THE 28 
CONCLUSION OF THE CO MPLAINT ADJUDICATION PROCESS, REGARDLESS OF 29 
WHETHER DISCIPLINARY ACTION IS TAKEN AGAINST AN INDIVIDUA L THAT IS THE 30 
SUBJECT OF A COMPLAI NT, INCLUDING EDUCATIONAL INFORMAT ION ON THE 31 
INSTITUTION’S POLICY AGAINST RAC IAL, ETHNIC, AND RELIGIOUS VIOLENCE, 32 
HARASSMENT , AND INTIMIDATION . 33   	HOUSE BILL 1462 	3 
 
 
 
11–2002. 1 
 
 (A) THE GOVERNING BODY OF EACH INSTITUTION OF HIGHER EDUCATION 2 
SHALL ADOPT AND PUBLISH ON ITS WEBSITE A TIME , PLACE, AND MANNER POLICY 3 
FOR THE EXPRESSIVE A CTIVITIES OF STUDENT S, FACULTY MEMBERS , 4 
ADMINISTRATORS , AND EMPLOYEES AT THE INSTITUTION. 5 
 
 (B) THE POLICY REQUIRED U NDER SUBSECTION (A) OF THIS SECTION 6 
SHALL INCLUDE PROCEDURES FOR : 7 
 
 (1) INSTITUTIONAL PREPARA TION FOR AND RESPONS	E TO 8 
EXPRESSIVE ACTIVITY ON CAMPUS THAT DISRU PTS EDUCATIONAL ACTI VITIES OR 9 
THREATENS PUBLIC SAF ETY; 10 
 
 (2) NOTIFYING THE CAMPUS COMMUNITY ABOUT ANY DISRUPTIONS 11 
TO EDUCATIONAL ACTIV ITIES OR THREATS TO PUBLIC SAFE TY; AND 12 
 
 (3) INVOLVING ITS CAMPUS SECURITY OR POLICE FORCE OR LAW 13 
ENFORCEMENT IN RESPONSE TO SIGNIFICANT DISRUPTIONS. 14 
 
 (C) EACH INSTITUTION OF HIGHER EDUCATION SHALL ENSURE THAT IT S 15 
CAMPUS SECURITY OR POLICE FORCE COLLABORATE WITH LOCAL LAW 16 
ENFORCEMENT , THE MARYLAND STATE POLICE, AND STUDENT COMMUNIT IES OR 17 
ORGANIZATIONS TO PROVIDE SECURITY FOR APPROVED STUDENT ORGANIZATION S 18 
THAT HAVE RECEIVED THREATS OF TERROR AT TACKS OR VIOLENCE OR HAVE BEEN 19 
SUBJECT TO HATE CRIMES. 20 
 
11–2003. 21 
 
 EACH YEAR, AN INSTITUTION OF HIGHE R EDUCATION SHALL DESIGNATE A 22 
SENIOR ADMINISTRATOR TO MEET WITH REPRESENTA TIVES OF APPROVED 23 
STUDENT ORGANIZATION S, INCLUDING RELIGIOUSL Y AFFILIATED ORGANIZAT IONS, 24 
TO DISCUSS THE FOLLOWING POLICIES AND TOPICS: 25 
 
 (1) AN ANTIHATE AND ANTI DISCRIMINATION POLICY ADOPTED 26 
UNDER § 11–2001 OF THIS SUBTITLE; 27 
 
 (2) ANY INCIDENTS OF RACIAL, ETHNIC, OR RELIGIOUS VIOLENCE , 28 
HARASSMENT , OR INTIMIDATION AGAI NST ANY STUDENT , FACULTY MEMBER, 29 
ADMINISTRATOR , OR EMPLOYEE THAT OCCURRED ON CAM PUS;  30 
  4 	HOUSE BILL 1462  
 
 
 (3) THE INSTITUTION’S TIME, PLACE, AND MANNER POLICY FOR THE 1 
EXPRESSIVE ACTIVITIE S OF STUDENTS, FACULTY MEMBERS, ADMINISTRATORS , AND 2 
EMPLOYEES ADOPTED UNDER § 11–2002 OF THIS SUBTITLE; AND 3 
 
 (4) ANY OTHER POLICY OR I SSUE IMPORTANT TO THE INS TITUTION’S 4 
STUDENT COMMUNITY . 5 
 
11–2004. 6 
 
 (A) IN THIS SECTION, “STATE OF MARYLAND HATE BIAS REPORT” MEANS 7 
THE REPORT PUBLISHED EACH YEAR BY THE MARYLAND STATE POLICE, IN 8 
PARTNERSHIP WITH THE MARYLAND COORDINATION AND ANALYSIS CENTER, 9 
UNDER § 2–307 OF THE PUBLIC SAFETY ARTICLE THAT PROVIDES AN OVERVIEW OF 10 
TRENDS IN HATE BIAS –RELATED INCIDENTS WI THIN THE STATE SEEMINGLY 11 
MOTIVATED BY AN INDIVIDUAL ’S RACE, COLOR, RELIGIOUS BELIEFS , SEXUAL 12 
ORIENTATION , GENDER, DISABILITY, NATIONAL ORIGIN , OR HOMELESSNESS . 13 
 
 (B) (1) EACH INSTITUTION OF H IGHER EDUCATION SHAL L RECOGNIZE 14 
AND INCLUDE IN THE MISSION AND P ROGRAMMING OF THE IN STITUTION’S OFFICE 15 
OF DIVERSITY AND INC LUSION OR ITS EQUIVA LENT, AT MINIMUM , THE FIVE 16 
DEMOGRAPHIC GROUPS IN THE STATE SUBJECT TO THE HIGHEST PERCENTAGE O F 17 
HATE BIAS–RELATED INCIDENTS AS DETERMIN ED UNDER PARAGRAPH (2) OF THIS 18 
SUBSECTION. 19 
 
 (2) THE FIVE DEMOGRAPHIC GROUPS UNDER PARAGRAPH (1) OF 20 
THIS SUBSECTION SHAL L BE DETERMINED BY REFERENCE TO THE SUBCATEGO RIES 21 
IN THE BIAS MOTIVATI ON CHART WITH THE HIGHEST PERCENTAGE OF HATE  22 
BIAS–RELATED INCIDENTS IN THE STATE OF MARYLAND HATE BIAS REPORT. 23 
 
 (C) NOTHING IN THIS SECTI ON MAY BE CONSTRUED TO DIMI NISH OR 24 
INFRINGE ON ANY RIGH T PROTECTED UNDER TH E FIRST AMENDMENT TO THE U.S. 25 
CONSTITUTION, ANY PROVISION OF THE MARYLAND CONSTITUTION OR THE 26 
MARYLAND DECLARATION OF RIGHTS, OR ANY FEDERAL LAW A PPLICABLE TO 27 
INSTITUTIONS OF HIGH ER EDUCATION . 28 
 
11–2005. 29 
 
 (A) (1) ON OR BEFORE DECEMBER 1, 2025, AND EACH DECEMBER 1 30 
THEREAFTER , EACH INSTITUTION OF HIGHE R EDUCATION SHALL SU BMIT TO THE 31 
COMMISSION A REPORT ON: 32 
   	HOUSE BILL 1462 	5 
 
 
 (I) ALL ALLEGATIONS OR COMPLAINTS OF RACIAL, ETHNIC, 1 
AND RELIGIOUS VIOLENCE, HARASSMENT , OR INTIMIDATION REPORTED TO THE 2 
INSTITUTION; AND  3 
 
 (II) ANY OTHER DOCUMENTED INCIDENTS OF RACIAL, ETHNIC, 4 
AND RELIGIOUS VIOLENCE, HARASSMENT , OR INTIMIDATION AT THE INSTITUTION 5 
IN THAT YEAR. 6 
 
 (2) THE INFORMATION REPOR TED UNDER PARAGRAPH (1) OF THIS 7 
SUBSECTION SHALL B E DISAGGREGATED BY : 8 
 
 (I) THE TARGETED DEMOGRAPHIC GROUP SUBCATEGORY 9 
FROM THE CATEGORIES LISTED IN THE STATE OF MARYLAND HATE BIAS REPORT; 10 
 
 (II) THE TYPE OF INCIDENT ; 11 
 
 (III) THE LOCATION OF THE I NCIDENT; 12 
 
 (IV) THE STATUS OF ALL INVEST IGATIONS AND WHETHER THE 13 
ALLEGATION OR COMPLAINT INITIATING AN INVEST IGATION WAS SUBSTANTIATED ; 14 
AND 15 
 
 (V) ANY CHANGES TO INSTIT UTIONAL POLICY AS A RESULT OF 16 
AN ALLEGATION , A COMPLAINT, OR AN INVESTIGATION . 17 
 
 (3) AN INSTITUTION’S REPORT UNDER THIS SUBSECTION SHALL 18 
INCLUDE DATA FROM PRIOR YEARS AND ANALYZE THE PRIO R DATA TO IDENTIFY 19 
TRENDS OR ANY OTHER NOTABLE DEVELOPMENTS . 20 
 
 (B) BEGINNING IN 2026, THE REPORT REQUIRED UNDER SUBSECTION (A) 21 
OF THIS SECTION SHAL L INCLUDE A SUMMARY OF THE INSTITUTION ’S DISCUSSIONS 22 
WITH STUDENT ORGANIZ ATIONS AND ANY CHANG ES TO INSTITUTIONAL POLICIES 23 
RESULTING FROM THE D ISCUSSIONS CONDUCTED UNDER § 11–2003 OF THIS 24 
SUBTITLE. 25 
  
 (C) ON OR BEFORE DECEMBER 31, 2025, AND EACH DECEMBER 31 26 
THEREAFTER , THE COMMISSION SHALL SUBMIT A REPORT THAT SUMMARIZES THE 27 
INFORMATION REPORTED BY INSTITUTIONS IN T HE REPORT S REQUIRED UNDER 28 
SUBSECTION (A) OF THIS SECTION TO THE GENERAL ASSEMBLY, IN ACCORDANCE 29 
WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE. 30 
 
11–2006. 31 
  6 	HOUSE BILL 1462  
 
 
 (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 1 
INDICATED. 2 
 
 (2) “CHANCELLOR ” MEANS THE CHANCELLOR OF THE UNIVERSITY 3 
SYSTEM OF MARYLAND. 4 
 
 (3) “PROGRAM” MEANS THE CAMPUS COMMUNITY GRANT 5 
PROGRAM. 6 
 
 (B) THE CHANCELLOR SHALL ESTA BLISH AND ADMINISTER A CAMPUS 7 
COMMUNITY GRANT PROGRAM TO PROVIDE GRANTS TO APPROVED STUDENT 8 
ORGANIZATIONS AT PUB LIC INSTITUTIONS OF HIGHER EDUCATION TO SUPPORT 9 
INTERGROUP AND INTER FAITH OUTREACH AND C ULTURAL COMPETENCY B ETWEEN 10 
APPROVED STUDENT ORGANIZATION S. 11 
 
 (C) THE CHANCELLOR SHALL ADOP T GUIDELINES AND PRO CEDURES FOR 12 
THE PROGRAM, INCLUDING AN APPLICA TION PROCESS , CRITERIA FOR AWARDS , 13 
AND A METHOD TO DETE RMINE THE DISTRIBUTI ON OF AWARDS . 14 
 
 (D) FOR FISCAL YEAR 2027, THE GOVERNOR SHALL INCLUD E IN THE 15 
ANNUAL BUDGET BILL AN APPROPRIATIO N OF $500,000 TO THE PROGRAM. 16 
 
 SECTION 2. AND BE IT FURTHER ENACTED , That: 17 
 
 (a) The Secretary of Higher Education shall convene a Workgroup on Combating 18 
Antisemitism, Islamophobia, and Other Forms of Racial, Ethnic, and Religious Violence, 19 
Harassment, and Intimidation. 20 
 
 (b) The Workgroup shall consist of the following members: 21 
 
 (1) the Chancellor of the University System of Maryland , or the 22 
Chancellor’s designee; 23 
 
 (2) the President of Morgan State University, or the President’s designee; 24 
 
 (3) the President of St. Mary’s College of Maryland, or the President’s 25 
designee; 26 
 
 (4) the following members, appointed by the Secretary of Higher 27 
Education: 28 
 
 (i) at least one representative of the Maryland Independent College 29 
and University Association; 30 
   	HOUSE BILL 1462 	7 
 
 
 (ii) at least one representative of the Maryland Association of 1 
Community Colleges; 2 
 
 (iii) at least one representative of an office of legal counsel or the 3 
equivalent office at an institution of higher education; 4 
 
 (iv) at least one representative of an office of student life or the 5 
equivalent office at an institution of higher education; 6 
 
 (v) at least one representative of an approved student organization 7 
at an institution of higher education; 8 
 
 (vi) at least one representative of an organization representing  9 
faith–based communities; and 10 
 
 (vii) at least one representative of an organization representing racial 11 
and ethnic communities; and 12 
 
 (5) any other stakeholders chosen by the Secretary of Higher Education. 13 
 
 (c) The Workgroup shall develop model policies, guidance, best practices, and 14 
recommendations for the policies and requirements established under Title 11, Subtitle 20 15 
of the Education Article, as enacted under Section 1 of this Act, that includes: 16 
 
 (1) a review of current complaint investigation and adjudication 17 
procedures and recommendations to increase transparency of processes in accordance with 18 
State and federal laws; 19 
 
 (2) model requirements for the training provided by institutions of higher 20 
education to administrators, faculty members, and staff on appropriate responses to hate 21 
crimes or incidents of racial, ethnic, or religious violence, harassment, or intimidation that 22 
occur during a class or event held at the institution at the time an incident occurs; 23 
 
 (3) best practices for collaboration with local, State, and federal law 24 
enforcement to enhance security for students that face threats of terror attacks or violence 25 
and hate crimes; 26 
 
 (4) a framework to promote an institution of higher education’s conduct 27 
policies; 28 
 
 (5) recommended definitions for harassment, intimidation, and bullying; 29 
and 30 
 
 (6) model procedures for investigating complaints submitted to an 31 
institution of higher education regarding incidents of racial, ethnic, and religious violence, 32 
harassment, or intimidation against any student, faculty member, administrator, or 33 
employee. 34  8 	HOUSE BILL 1462  
 
 
 
 (d) On or before January 1, 2026, the Secretary of Higher Education shall submit 1 
a report on the findings and recommendations of the Workgroup to the Governor and, in 2 
accordance with § 2–1257 of the State Government Article, the General Assembly. 3 
 
 SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 4 
1, 2025. Section 2 of this Act shall remain effective for a period of 1 year and, at the end of 5 
June 30, 2026, Section 2 of this Act, with no further action required by the General 6 
Assembly, shall be abrogated and of no further force and effect. 7