13B.01.02.06

.06 Prohibition of Sectarian Use of Funds.

A. Education Article, §17-107, Annotated Code of Maryland, prohibits recipient institutions from using State funds for sectarian purposes. That provision generally prohibits the use of State funds to support religious instruction, religious worship, or other activities of a religious nature.

B. Prohibited Uses.

(1) Listed in §B(2) of this regulation are several potential uses of State funds that would violate the sectarian use prohibition. The list is not intended to be all inclusive and, if an institution is in doubt whether any other possible use of the funds might violate the sectarian use prohibition, it may consult with and seek the advice of the Commission in advance.

(2) An institution may not use State funds for:

(a) Student aid if the:

(i) Institution imposes religious restrictions or qualifications on eligibility for student aid, or

(ii) Students are enrolled in a religious, seminarian, or theological academic program;

(b) The salary, in whole or in part, of an individual who:

(i) Is engaged in the teaching of religion or theology,

(ii) Serves as chaplain or director of the campus ministry, or

(iii) Administers or supervises a program of religious activities;

(c) The portion of the cost of maintenance or repair of a building or facility used for:

(i) The teaching of religion or theology,

(ii) Religious worship, or

(iii) A religious activity;

(d) Utility bills, if the institution has a building or facility that is used in whole or in part for the teaching of religion or theology, religious worship, or religious activity, unless the building is separately metered;

(e) Utility bills for a separately metered building or facility that is used in whole or in part for the teaching of religion or theology, religious worship, or religious activity; or

(f) The construction or renovation of a building or facility that is or will be used for the teaching of religion or theology, religious worship, or religious activity.

C. The Commission shall require an institution that violates the prohibition against sectarian usage set forth in this regulation to repay to the State all monies expended in violation of this prohibition. The institution is ineligible to receive further State aid until it has repaid these funds. If the Commission determines that an institution has violated the prohibition and that the responsible officers knew or reasonably should have known that it was doing so, then the Commission shall notify the institution, and the Commission may declare the institution ineligible to receive further State aid either for a specified number of years or permanently, and so notify the institution. The institution shall be given notice and an opportunity for a hearing before the Commission before any declaration of ineligibility. The hearing before the Commission shall be conducted in accordance with the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 13B.04.01.