EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. *sb0847* SENATE BILL 847 F2 5lr1956 CF 5lr1955 By: Senator Hettleman Introduced and read first time: January 28, 2025 Assigned to: Education, Energy, and the Environment 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 SENATE BILL 847 (A) (1) THE GOVERNING BODY OF EACH INSTITUTION OF HIGHER 1 EDUCATION SHALL ADOP T, ENFORCE, AND SUBMIT TO THE COMMISSION A POL ICY 2 TO ADDRESS RACIAL , ETHNIC, AND RELIGIOUS VIOLEN CE, HARASSMENT , AND 3 INTIMIDATION AT THE INSTITUTION. 4 (2) THE POLICY ADOPTED UN DER PARAGRAPH (1) OF THIS 5 SUBSECTION SHALL APP LY TO EACH STUDENT , FACULTY MEMBER , ADMINISTRATOR , 6 AND EMPLOYEE OF THE INSTITUTION AND INFORM THE STUDENTS, FACULTY 7 MEMBERS, ADMINISTRATORS , AND EMPLOYEES OF THE IR RIGHTS AND DUTIES 8 UNDER THE POLICY . 9 (B) THE POLICY ADOPTED UN DER SUBSECTION (A) OF THIS SECTION SHAL L 10 INCLUDE: 11 (1) TRAINING PROVIDED BY THE INSTITUTION TO A LL FACULT Y 12 MEMBERS, ADMINISTRATORS , AND EMPLOYEES ON : 13 (I) APPROPRIATE RESPONSES TO HATE INCIDENTS OR 14 INCIDENTS OF VIOLENC E, HARASSMENT , OR INTIMIDATION THAT OCCUR DURING A 15 CLASS OR AN EVENT HE LD AT THE INSTITUTIO N AT THE TIME AN INC IDENT OCCURS ; 16 AND 17 (II) PROCEDURES FOR INITIAT ING, FILING, INVESTIGATING , 18 AND ADJUDICATING COM PLAINTS AND ALLEGATI ONS 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 PRO CEDURE, 22 INCLUDING: 23 (I) AN OPTION TO SUBMIT C OMPLAINTS AND REPORT THREATS 24 ANONYMOUSLY ; 25 (II) DISCIPLINARY ACTIONS THAT MAY BE TAKEN AF TER AN 26 INVESTIGATION IS CON DUCTED; AND 27 (III) THE COMMUNICATIONS TH AT MUST BE MADE AT T HE 28 CONCLUSION OF THE CO MPLAINT ADJUDICATION PROCESS, REGARDLESS OF 29 WHETHER DISCIPLINARY ACTION IS TAKEN AGAI NST AN INDIVIDUAL TH AT IS THE 30 SUBJECT OF A COMPLAI NT, INCLUDING EDUCATIONA L INFORMATION ON THE 31 INSTITUTION’S POLICY AGAINST RAC IAL, ETHNIC, AND RELIGIOUS VIOLEN CE, 32 HARASSMENT , AND INTIMIDATION . 33 SENATE BILL 847 3 11–2002. 1 (A) THE GOVERNING BODY OF EACH INSTITUTION OF HIGHER EDUCATION 2 SHALL ADOPT AND PUBL ISH ON ITS WEBSITE A TIME, PLACE, AND MANNER POLICY 3 FOR THE EXPRESSIVE A CTIVITIES OF STUDENTS , FACULTY MEMBERS , 4 ADMINISTRATORS , AND EMPLOYEES AT THE INSTITUTION. 5 (B) THE POLICY REQUIRED U NDER SUBSECTION (A) OF THIS SECTION 6 SHALL INCLUDE PROCED URES FOR: 7 (1) INSTITUTIONAL PREPARA TION FOR AND RESPONS E TO 8 EXPRESSIVE ACTIVITY ON CAMPUS THAT DISRUPTS EDUCATIONAL ACTIVITI ES OR 9 THREATENS PUBLIC SAF ETY; 10 (2) NOTIFYING THE CAMPUS COMMUNITY ABOUT ANY DISRUPTIONS 11 TO EDUCATIONAL ACTIV ITIES OR THREATS TO PUBLIC SAFETY; AND 12 (3) INVOLVING ITS CAMPUS SECURITY OR POLICE F ORCE OR LAW 13 ENFORCEMENT IN RESPONSE TO SIGNIFICANT DISRU PTIONS. 14 (C) EACH INSTITUTION OF H IGHER EDUCATION SHAL L ENSURE THAT ITS 15 CAMPUS SECURITY OR P OLICE FORCE COLLABOR ATE WITH LOCAL LAW 16 ENFORCEMENT , THE MARYLAND STATE POLICE, AND STUDENT COMMUNIT IES OR 17 ORGANIZATIONS TO PROVIDE SECURITY FOR APPROVED STUDENT ORG ANIZATIONS 18 THAT HAVE RECEIVED T HREATS OF TERROR ATT ACKS OR VIOLENCE OR HAVE BEEN 19 SUBJECT TO HATE CRIM ES. 20 11–2003. 21 EACH YEAR, AN INSTITUTION OF HI GHER EDUCATION SHALL DESIGNATE A 22 SENIOR ADMINISTRATOR TO MEET WITH REPRESENTATIVES OF A PPROVED 23 STUDENT ORGANIZATION S, INCLUDING RELIGIOUSL Y AFFILIATED ORGANIZ ATIONS, 24 TO DISCUSS THE FOLLO WING POLICIES AND TO PICS: 25 (1) AN ANTIHATE AND ANTID ISCRIMINATION POLICY ADOPTED 26 UNDER § 11–2001 OF THIS SUBTITLE; 27 (2) ANY INCIDENTS OF RACI AL, ETHNIC, OR RELIGIOUS VIOLENC E, 28 HARASSMENT , OR INTIMIDATION AGAI NST ANY STUDENT , FACULTY MEMBER , 29 ADMINISTRATOR , OR EMPLOYEE THAT OCC URRED ON CAMPUS ; 30 4 SENATE BILL 847 (3) THE INSTITUTION’S TIME, PLACE, AND MANNER POLICY FO R THE 1 EXPRESSIVE ACTIVIT IES OF STUDENTS, FACULTY MEMBERS , ADMINISTRATORS , AND 2 EMPLOYEES ADOPTED UN DER § 11–2002 OF THIS SUBTITLE; AND 3 (4) ANY OTHER POLICY OR I SSUE IMPORTANT TO TH E INSTITUTION’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 INDI VIDUAL’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 M ISSION AND PROGR AMMING OF THE INSTIT UTION’S OFFICE 15 OF DIVERSITY AND INC LUSION OR ITS EQUIVA LENT, AT MINIMUM , THE FIVE 16 DEMOGRAPHIC GROUPS I N THE STATE SUBJECT TO THE HIGHEST PERCENTAGE O F 17 HATE BIAS–RELATED INCIDENTS AS DETERMINED UNDER PAR AGRAPH (2) OF THIS 18 SUBSECTION. 19 (2) THE FIVE DEMOGRAPHIC GROUPS UNDER PARAGRA PH (1) OF 20 THIS SUBSECTION SHAL L BE DETERMINED BY R EFERENCE TO THE SUBC ATEGORIES 21 IN THE BIAS MOTIVATI ON CHART WITH THE HI GHEST 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 DIMINISH 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 HIGHER EDUCATION SHA LL SUBMIT TO THE 31 COMMISSION A REPORT O N: 32 SENATE BILL 847 5 (I) ALL ALLEGATIONS OR CO MPLAINTS OF RACIAL , ETHNIC, 1 AND RELIGIOUS VIOLEN CE, HARASSMENT , OR INTIMIDATION REPO RTED TO THE 2 INSTITUTION; AND 3 (II) ANY OTHER DOCUMENTED INCIDENTS OF RACIAL , ETHNIC, 4 AND RELIGIOUS VIOLEN CE, HARASSMENT , OR INTIMIDATION AT T HE INSTITUTION 5 IN THAT YEAR. 6 (2) THE INFORMATIO N REPORTED UNDER PAR AGRAPH (1) OF THIS 7 SUBSECTION SHALL BE DISAGGREGATED BY : 8 (I) THE TARGETED DEMOGRAP HIC GROUP SUBCATEGOR Y 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 INCIDENT; 12 (IV) THE STATUS OF ALL INV ESTIGATIONS AND WHET HER THE 13 ALLEGATION OR COMPLA INT INITIATING AN IN VESTIGATION WAS SUBS TANTIATED; 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 PR IOR YEARS AND ANALYZ E THE PRIOR 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 SUBM IT A REPORT THAT SUM MARIZES THE 27 INFORMATION REPORTED BY INSTITUTIONS IN T HE REPORTS REQUIRED UNDER 28 SUBSECTION (A) OF THIS SECTION TO T HE GENERAL ASSEMBLY, IN ACCORDANCE 29 WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE. 30 11–2006. 31 6 SENATE BILL 847 (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 GR ANTS TO APPROVED STU DENT 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 ORG ANIZATIONS. 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 APPRO PRIATION 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 SENATE BILL 847 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 SENATE BILL 847 (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