Dear Members of the UMBC Community,
Several USM institutions, including UMBC, have received requests for information and access to campus administrators from an individual who is conducting a research study for a dissertation on Maryland’s Historically Black Colleges and Universities. As part of the study, the researcher seeks participation by university administrators, faculty administrators, and administrative support staff in surveys and focus groups to elicit their views on issues relating to historically black institutions, academic program duplication and its effects, potential transfer of programs to HBIs, and related issues. These issues, among others, are the subject of an ongoing case in which the State of Maryland is a party, Coalition for Equity and Excellence v. Maryland Higher Education Commission, in the U.S. District Court for the District of Maryland. The research study seeks to analyze the lawsuit by obtaining the perspectives of higher education administrators at Maryland HBIs and non-HBIs.
While the UMBC Institutional Review Board has approved the protocol for this research, the Office of the Attorney General and UMBC’s Office of the General Counsel generally advise our client institutions not to comment on ongoing litigation or specific issues that are the subject of ongoing litigation. To the extent that this research project seeks the views of current university administrators on issues relating specifically to their institutions, any responses on those issues on the part of administrators could suggest an institutional position, and therefore a State position, on those issues.
Individuals are, of course, entitled to express their views as private citizens on matters of public importance. However, where such communications are made in the context of their public employment, it becomes very difficult to distinguish between private and institutional positions. As such, the campus should be mindful of potential impact on the State’s legal position that could result from institutional participation in this activity.
Please feel free to contact the Office of the General Counsel, 410-455-2870, if you have any questions.
David Gleason, General Counsel
Several USM institutions, including UMBC, have received requests for information and access to campus administrators from an individual who is conducting a research study for a dissertation on Maryland’s Historically Black Colleges and Universities. As part of the study, the researcher seeks participation by university administrators, faculty administrators, and administrative support staff in surveys and focus groups to elicit their views on issues relating to historically black institutions, academic program duplication and its effects, potential transfer of programs to HBIs, and related issues. These issues, among others, are the subject of an ongoing case in which the State of Maryland is a party, Coalition for Equity and Excellence v. Maryland Higher Education Commission, in the U.S. District Court for the District of Maryland. The research study seeks to analyze the lawsuit by obtaining the perspectives of higher education administrators at Maryland HBIs and non-HBIs.
While the UMBC Institutional Review Board has approved the protocol for this research, the Office of the Attorney General and UMBC’s Office of the General Counsel generally advise our client institutions not to comment on ongoing litigation or specific issues that are the subject of ongoing litigation. To the extent that this research project seeks the views of current university administrators on issues relating specifically to their institutions, any responses on those issues on the part of administrators could suggest an institutional position, and therefore a State position, on those issues.
Individuals are, of course, entitled to express their views as private citizens on matters of public importance. However, where such communications are made in the context of their public employment, it becomes very difficult to distinguish between private and institutional positions. As such, the campus should be mindful of potential impact on the State’s legal position that could result from institutional participation in this activity.
Please feel free to contact the Office of the General Counsel, 410-455-2870, if you have any questions.
David Gleason, General Counsel
