2130

LAWS OF MARYLAND

Ch. 723

PRESIDENT OF THE UNIVERSITY OR HIS DESIGNATED REPRESENTATIVE
WITHIN 10 DAYS AFTER THE RECEIPT OF THE WRITTEN DECISION AT
STEP THREE. THE PRESIDENT OR HIS DESIGNATED REPRESENTATIVE
SHALL HOLD A CONFERENCE WITH THE AGGRIEVED OR HIS DESIGNATED
REPRESENTATIVE WITHIN 10 DAYS OF RECEIPT OF THE WRITTEN
GRIEVANCE APPEAL AND RENDER A WRITTEN DECISION WITHIN 15
DAYS AFTER THE CONCLUSION OF THE CONFERENCE.

(F) STEP FIVE. IN THE CASE OF ANY STILL UNRESOLVED
GRIEVANCE BETWEEN AN EMPLOYEE AND THE UNIVERSITY, THE
AGGRIEVED EMPLOYEE, AFTER HE HAS EXHAUSTED ALL AVAILABLE
PROCEDURES PROVIDED BY THE UNIVERSITY, MAY SUBMIT THE
GRIEVANCE TO EITHER ARBITRATION OR TO THE SECRETARY OF
PERSONNEL. IN EITHER CASE, THE APPEAL SHALL BE SUBMITTED
WITHIN 15 DAYS AFTER THE RECEIPT OF ANY WRITTEN DECISION
PERTAINING TO THAT GRIEVANCE AND ISSUED BY THE UNIVERSITY.
IF THE GRIEVANCE IS ARBITRATED, THE PARTIES SHALL SELECT AN
ARBITRATOR BY MUTUAL AGREEMENT. IF THEY ARE UNABLE TO REACH
A MUTUAL AGREEMENT, AN ARBITRATOR SHALL BE SUPPLIED BY THE
AMERICAN ARBITRATION ASSOCIATION BY THEIR PROCEDURES. ANY
FEES RESULTING FROM ARBITRATION ARE ASSESSED BY THE
ARBITRATOR EQUALLY BETWEEN THE TWO PARTIES. THE ARBITRATION
AWARD IS ADVISORY TO THE SECRETARY OF PERSONNEL AND AN
ADDITIONAL APPEAL OR HEARING MAY NOT BE CONSIDERED. THE
SECRETARY OF PERSONNEL SHALL MAKE THE FINAL DECISION WHICH
IS BINDING ON ALL PARTUS.

13-1A-04.

A DECISION MAY NOT BE MADE AT ANY STEP OF THE GRIEVANCE
PROCEDURE WHICH CONFLICTS WITH OR MODIFIES A POLICY APPROVED

BY THE BOARD OF REGENTS OF THE UNIVERSITY OR WITH ANY

APPLICABLE STATUTE OR WITH ANY ADMINISTRATIVE REGULATION
ISSUED UNDER APPROPRIATE STATUTORY AUTHORITY OR WHICH
OTHERWISE DELIMITS THE LAWFULLY DELEGATED AUTHORITY OF
UNIVERSITY OFFICIALS UNLESS PRIOR APPROVAL HAS BEEN OBTAINED
FROM THE RESPONSIBLE OFFICIAL.

58 13-1A-05.

(A) SUSPENSIONS PENDING REMOVAL. WITHIN 5 DAYS FROM
THE DATE ON WHICH THE CAMPUS DIRECTOR OF PERSONNEL, THE

DESIGNATED REPRESENTATIVE OF THE CHANCELLOR, OR HIS

DESIGNATED REPRESENTATIVE RECEIVES THE RETURN RECEIPT OR
OTHER EVIDENCE OF DELIVERY OF THE CHARGES TO THE EMPLOYEE AN
EMPLOYEE WHO IS SUSPENDED UNDER CHARGES FOR REMOVAL MAY
REQUEST AN OPPORTUNITY TO BE HEARD IN HIS OWN DEFENSE,
WITHIN 10 DAYS IF POSSIBLE AND NO LATER THAN 90 DAYS AFTER

RECEIPT, THE CAMPUS DIRECTOR OF PERSONNEL OR HIS DESIGNEE

CHANCELLOR OR HIS DESIGNATED REPRESENTATIVE SHALL
INVESTIGATE THE CHARGES AND GIVE THE EMPLOYEE AN OPPORTUNITY
TO BE HEARD. TESTIMONY SHALL BE TAKEN UNDER OATH AND BOTH
THE DEPARTMENT HEAD OR CHAIRMAN AND THE EMPLOYEE HAS THE
RIGHT OF REPRESENTATION BY COUNSEL AND THE RIGHT TO PRESENT
WITNESSES AND GIVE EVIDENCE. IN THE CASE OF APPEALS FROM
CHARGES PENDING REMOVAL, THE DEPARTMENT HEAD OR CHAIRMAN MAY
REQUEST THROUGH APPROPRIATE CHANNELS THE ATTORNEY GENERAL'S
REPRESENTATIVE TO THE UNIVERSITY TO SERVE AS COUNSEL. AFTER