This file was prepared for electronic distribution by the inforM staff. Questions or comments should be directed to inform-editor@umail.umd.edu. GLOSSARY Affirmative Action Plan or Procedure. A formal plan or procedure developed to eliminate, limit, or prevent discriminatory treatment on the basis of race, ethnicity, and sex by employers and educational institutions. Agent. A person authorized by another to act on his/her behalf. Breach of Contract. A breach is the breaking or violation of a law, right, or duty. A complainant may file a civil suit for breach of contract when sexual harassment occurs in the workplace. Civil Suit. Civil suits are municipal legal actions filed in court for the declaration, enforcement, and protection of rights, or for the redress or prevention of a wrong. Specific statutes or sections of the federal constitution or state constitutions give particular parties the right to file civil suits against sexual harassers. Note: In some instances when a complainant wins a civil suit, the Court may order the accused to pay the complainant's attorney's fees and court costs. Code of Student Conduct. A UMCP document of prohibited student conduct and disciplinary guidelines. Complaint. An informal or formal allegation of misconduct against an individual. The original or initial pleading by which an action is commenced. A formal complaint is a written complaint filed in an appropriate office which requires action on the behalf of the sexually harassment complainant. An informal complaint a verbal allegation of objectionable behavior by acomplainant. Conciliation. The process of seeking to resolve a discrimination complaint through informal negotiations without resorting to a formal hearing or Court action. Contract. An agreement, written, oral, or implied by law, between two or more parties. Criminal Suits. Action instituted or filed to punish an infraction of the criminal law. Touching, fondling, physical assaults, and attempted rape fall within the realm of criminal acts. Dean. An administrator who heads a division within a college or university. Director. The head of an administrative unit. A personen trusted with the overall direction of a particular department. Discrimination. An act, policy, or practice which unlawfully differentiates against a person on the basis of their race, sex, creed, color, religion, etc. Discrimination may involve a single act or may be a continuing policy or practice. Discrimination may be intentional or unintentional. *** Discrimination may be overt (discriminating openly on the basis of sex or race) or covert (using a mechanism indirectly related to sex or race to discriminate). EEOC Guidelines. The EEOC guidelines specify that "unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when: 1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; 2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting the individual; or 3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment." Employee. A staff member, agent, or student who has been hired or selected to perform a service for wages. Employer. A manager, head, director, or supervisor who provides jobs that pay wages or a person who directs salaried and/or non-salaried personnel to perform a particular service or activity. Equal Employment Opportunity. Equal access to all available jobs and training, under equal terms and conditions, and with equal benefits and services in the absence of actions, policies, and practices which illegally differentiate among applicants and employees on the basis of race, color, national origin, sex, age, and religion. This includes equality in recruitment, hiring, layoff, discharge, recall, promotion, training, wages, sick leave, vacation, overtime, insurance, retirement, and pension benefits. Equal Employment Opportunity Commission (EEOC). The Federal agency which, under the Civil Rights Act of 1964, administers federal laws and regulations which relate to discrimination in employment. The Commission is the enforcement agency for Title VII. Grievance. An injury, injustice, or wrong which provides grounds for complaint because it is unjust, discriminatory and against university policies on procedures. Guidelines. Interpretations of legal or administrative regulations. Human Relations Code. Adopted by The University of Maryland, College Park in 1976, prohibits harassment & discrimination on the basis of race, color, sex, marital status, personal appearance, age, national origin, political affiliation, or on the basis of the exercise of rights secured by the First Amendment of the United States Constitution. Injunction. An injunction is a court order forbidding a certain type of action by an individual or institution. An injunction prevents the initiation or continuation of a wrong. Jurisdiction. It is the authority by which campus grievance systems and court accept and decide cases. Legal Action. A civil or criminal suit filed in a court by a prosecutor, an enforcing agency or department, an aggrieved person, several persons (class action), or an organization. Office of Human Relations Programs (OHRP). The University of Maryland Human Relations Office is part of the President's Office. HRO sponsors Campus-wide programs, workshops, seminars, forums, and services to increase awareness and appreciation of individual and group differences. One of the primary functions of the Office is to administer the UMCP Human Relations Code. The Code is the Campus' legal document that sets forth the process for dealing with complaints of discrimination. *** Discrimination complaints may be filed with the Campus Compliance Officer in the Human Relations Office, the Equity Administrators, the Personnel Office, or one's Supervisor. Policy. A policy is a method of management, actions, or conditions used to guide and determine present and future decisions. It is an overall plan embracing the general goals and procedures of a body, an agency, or an organization. Reasonable Person Standard. The reasonable person standard is a phrase used to denote a hypothetical person who exercises "those ordinary qualities of attention, knowledge, intelligence and judgement which society requires of its members for the protection of their own interest and the interest of others." The phrase does not apply to a person's ability to reason, but rather the prudence with which s/he acts under the circumstances. Similar terms are reasonably prudent person or the ordinary prudent person. Reprisal. In general, any action taken by one person either in spite or as a retaliation for an assumed or real wrong by another. Retaliation. To repay in kind, return like for like, or to get revenge. The infliction upon an actual or perceived "wrong doer" the same, or another injury, which the "wrong doer" has caused to another. Rights. That which one is entitled to have, or to do, or to receive from others within the limits prescribed by law. Sex Discrimination. Defined as acts of preferential treatment and failure to provide equal opportunity based on a person's gender. For example, giving rewards, punishments, assignments, promotions, and bonus funds based on reasons other than a person's performance and merit. Sexual Harasser. A person perceived or accused by another person of engaging in actions which the accuser/complainant perceives as sexual harassment. Sexual Harassment Complaint. An informal or a formal allegation against a person. Sexual Harassment Complainant. A person who files a complaint of sexual harassment in a formal legal or quasi-legal process, or in an informal process. Sexual Pollution. Sexual pollution is an act (or continuous acts) that has (have) the potential for being offensive and should be considered improper if it is (they are) not job related. Examples of sexual pollution are: remarks of a sexual nature, open displays of written and pictorial erotica, or nude photographs or posters that are not job related or are not being displayed for educational purposes. Statute. A statute is a law, enacted by a legislature, which declares, commands, or prohibits certain actions. A permanent rule established by an organization, corporation, etc, to govern. Federal statues apply to the entire country. State and local statues apply only to that particular jurisdiction. Student. A person who attends classes at the University of Maryland College Park, on a full-time or part-time basis. This includes a person auditing a course. Please note the following changes under the new University System effective July 1, 1988. 1. The title of Chancellor, has been changed to President; The Title of Vice Chancellor, has been changed to Vice President; The Title of Assistant to the Chancellor, has been changed to Assistant to the President. The Title of President has been changed to Chancellor.