An overwhelming majority of United States higher education institutions claim diversity and free expression as hallmarks to the college experience. These higher education institutions are places where students are challenged to think and act as individuals. No longer under pressure to conform to the societal standards of their hometowns, school districts or families, students are encourage to experiment with who they might want to be and to establish individual identities. For many young people, their college experience may be the first time they can truly express who they are.
For invisible minorities like lesbian, gay, bisexual and transgender individuals (LGBT), the above statements may be even more accurate. However, many LGBT campus community members, including students, faculty and staff, often have to hide salient parts of their identities in fear of harassment and discrimination. Susan R. Rankin’s Campus climate for gay, lesbian, bisexual, and transgender people: A national perspective (2003) indicates that 20 percent of LGBT identified students, faculty and staff on college campuses “fear for their physical safety due to their perceived sexual orientation and/or gender identity.” Higher education institutions can calm the fears of LGBT individuals by adding sexual orientation and/or gender identity to their nondiscrimination policies. A university’s nondiscrimination policy stands as a visible commitment to and public statement of institutional values for individuality and diversity.
If diversity is a cornerstone and an espoused value of the vast majority of higher education institutions in the United States, then sexual orientation, gender identity and gender expression should be included in college nondiscrimination policies. Several Virginia higher education institutions, including the College of William and Mary, George Mason University, James Madison University and the University of Virginia, added sexual orientation to their nondiscrimination policies to support LGBT identified individuals on their campuses. However, Virginia Attorney General Kenneth T. Cuccinelli II, a republican who took office in January, sent a letter on March 4, 2010 expressing his opinion and giving legal advice to the presidents, rectors and visitors (board of trustees) of Virginia’s public colleges and universities. Cuccinelli’s letter said higher education institutions in the state of Virginia do not have the authority to add sexual orientation, gender identity and/or gender expression to their nondiscrimination policies without the approval of the state’s General Assembly.
Cuccinelli explained that Boards of the state’s public higher education institutions only “have the authority to make needful rules and regulations and generally direct the affairs of the college.” In his letter, he also highlighted the Virginia Human Rights Act, which lists race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, or disability as the protected categories of the state. Cuccinelli advised “Boards of each college (that list sexual orientation in their nondiscrimination policies) to take appropriate actions to bring their policies in conformance with the law and public policy of Virginia.”
If Boards of Virginia colleges have the right to make “needful rules and regulations and generally direct the affairs of the college,” then why is adding sexual orientation to nondiscrimination policies considered to be violating the authority of the Virginia General Assembly? Protecting university community members from harassment and discrimination seems needful to me. Colleges and universities should have the autonomy to protect their students, faculty and staff from harassment and discrimination.
I encourage all people, who support diversity and equity in higher education, to become active in this issue. As of July 1, 2009, only 21 states had laws banning discrimination on the basis of sexual orientation and/or gender identity/expression. If Virginia sets a precedent, this issue could arrive at many campuses in the near future.
http://www.washingtonpost.com/wp-srv/metro/Cuccinelli.pdf
http://www.thetaskforce.org/downloads/reports/issue_maps/non_discrimination_7_09_color.pdf
Posts
Nice post Charlie! I agree no one should be discriminated against based on their sexual orientation, gender identity and gender expression. Like you shared, for people in favor of "diversity and equity" now is the time to make sure their voices are heard!
ReplyDeleteI totally agree! If we support diversity and equity in higher education, then we must be vocal about the disparities in our system.
ReplyDelete