Repository: UIHistories Project: Board of Trustees Minutes - 1988 [PAGE 270]

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BOARD OF TRUSTEES

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invidious discrimination in all its forms; (b) to foster programs within the law which will ameliorate or eliminate, where possible, the effects of historic societal discrimination; and (c) to comply fully in all University activities and programs with applicable Federal and State laws relating to nondiscrimination and equal opportunity. This policy was not designed to address any specific form of discrimination, be it prohibited by law, as in the case of discrimination on the basis of race and sex, or discrimination not prohibited by law, as in the case of sexual orientation. The policy grew out of the need created by the issuance of the Bakke decision for the Board of Trustees to make a restatement of board policy against discrimination. It is apparent that many members of the University community are not, or were not, aware of the 1978 statement of board policy. Moreover, many do not understand the policy to apply both to discrimination prohibited by law and invidious discrimination not necessarily prohibited by law. Aware of this confusion, University Counsel Byron Higgins called to the attention of the president, the chancellors, and other general officers of the University the existence of the 1978 policy and its coverage and application. The Urbana chancellor provided a copy of the 1978 policy to the president of the Student Government Association in response to an SGA resolution on discrimination based on sexual orientation. Following a study of discrimination based on sexual orientation at the Urbana campus, the Urbana chancellor issued a clarifying statement on April 27, copies of which were mailed to members of the Board of Trustees and released to the University community and the press. The chancellor again restated the general principle that "All individuals enrolled at or employed by this campus deserve an environment free from harassment in order to live with dignity and to study, to learn and to work with maximum effectiveness." To clarify further the non-discrimination, non-harassment policy for all members of the campus community, the Urbana chancellor has asked that the Code on Campus Affairs, the Academic Staff Handbook, and the Campus Administrative Manual be modified in accord with the following clarification: All individuals enrolled at or employed by this campus shall be entitled to freedom from invidious discrimination and harassment, whether or not prohibited by law, regardless of their race, color, sex, sexual orientation, religious or political beliefs, age or handicap, except as specifically exempted by law. It is University policy to comply fully with all State and Federal laws. Existing campus complaint and grievance procedures may be used when discrimination or harassment in any of these categories is perceived to have occurred. Since the issuance of that statement, further questions have arisen regarding its implications. One aspect of this questioning relates to coverage. In accord with past practice, all students enrolled at the Urbana campus, whether enrolled in academic programs under the authority of the Urbana chancellor or not, are covered by the campus code, including students enrolled in medicine at the Urbana campus. All members of the University community, on both campuses and in other locations, are reminded of the 1978 policy of the Board of Trustees against discrimination. The policy adopted by the Board of Trustees forbids discrimination, including harassment, by the University against students and employees, both current and prospective, on the basis of their sexual orientation. Therefore, employees of the University, including employees associated with the central administration of the University, employees and students at the Urbana and Chicago campuses, and students and employees at other locations, are protected against discrimination by the University, including discrimination based on sexual orientation.