Policy Exceptions
Purpose
The purpose of this policy is to describe the justifiable conditions and authorities for approving Policy Exceptions for the Maryland Global Initiative Corporation (MGIC).
Background
MGIC is a non-profit affiliate of the University of Maryland, Baltimore (UMB) established to facilitate international research, education, and service programs. Currently, UMB provides MGIC services to other University System of Maryland (USM) institutions (referred to throughout these policies, for purposes of the policies only, as “Affiliate Entities”).
In the course of operations, a situation or scenario may arise that does not fall within the standards prescribed in MGIC Policies and Procedures. A staff member of IO or a Requesting Unit may suggest it is in the best interest of MGIC and UMB or an Affiliate Entity (hereafter collectively referred to as “UMB/Affiliate”) to deviate from MGIC Policies and Procedures in order to meet the needs of the Requesting Unit or the needs of a foreign collaborator or vendor, upon determination that such a deviation would not cause undue risk or violate applicable law.
MGIC’s policies are approved by the MGIC Board of Directors. The International Operations (IO) division of UMB’s Administration and Finance department administers MGIC and executes MGIC activity on behalf of the MGIC Board.
Policy Statement
- A Requesting Unit or a member of the IO division may request a policy exception for a specific instance, by submitting a MGIC Policy Exception Request Form for approval.
- Policy Exceptions will be considered for legitimate reasons of corporate and university risk management, legal compliance, and MGIC business and cost efficiency. Reasons for convenience, neglect, or ignorance of existing policy are not acceptable.
- All policy exceptions for the benefit of a Requesting Unit are approved or denied by the Assistant Vice President (AVP) - IO, in their capacity as MGIC Vice President – Policy and Administration.
- All policy exceptions for the benefit of the IO division, as well as certain policy exceptions relating to MGIC Corporate Bylaws that are specifically described in select MGIC policies, are approved or denied by the MGIC President when the requested Policy Exception benefits the IO division.
- A blanket MGIC Policy Exception covering multiple anticipated instances may be requested by the MGIC VP – Policy & Administration when it is determined that the existing MGIC policy is outdated or otherwise untenable due to changes in applicable laws, regulations, or operating contexts. Blanket Policy Exceptions may only be approved by the MGIC President and will remain effective until the MGIC policy in question is revised and approved through the normal process of the Board of Directors.
- No action may be undertaken in deviation of an MGIC policy without a duly approved Policy Exception in place prior to the action. Actions that deviate from MGIC policy without prior approval may be disallowed or reversed and may be subject to disciplinary action.
- The IO division will retain copies of policies exceptions and, when appropriate, attach the approved exception as supporting documentation for specific transactions.
Scope
This policy applies to all UMB personnel and affiliates who use or administer business operations and services through MGIC.
Responsibilities
- International Operations Division: Administer MGIC policies and procedures, and execute MGIC USA activity in line with those requirements. Advise Requesting Units on MGIC policy compliance and the Policy Exception procedure.
- MGIC VP – Policy & Administration: Approve MGIC Policy Exceptions benefitting the Requesting Unit, and prepare blanket Policy Exceptions for MGIC President approval. Maintain Policy Exceptions on file and ensure IO compliance.
- MGIC President: Approve blanket MGIC Policy Exceptions and Policy Exception Requests benefitting the IO Division or are uniquely related to Corporate bylaws as indicated in select policies.
- MGIC Board of Directors: Approve MGIC policies and revisions to policies.
- Requesting Units: Follow MGIC policies and procedures. Request Policy Exceptions for legitimate reasons only, and refrain from policy deviations unless and until an exception is approved by MGIC.
Procedures
See MGIC Standard Operating Procedures.
Documentation Requirements
- MGIC Policy Exception Request Form
- Supporting documents as necessary to justify need for an exception
References
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