(Name-mce) ListServ Christopher Newport Bars Anti-Gay Bias

[Anselmo Villanueva]

For related stories, go to:

http://insidehighered.com/news/2007/02/28/cnu

February 28, 2007

Christopher Newport Bars Anti-Gay Bias

The Christopher Newport University board voted Friday to add sexual
orientation to the list of qualities on which the Newport News, Va.,
institution bars discrimination in admissions and employment
decisions. The move follows a five-year campaign by students and
professors, who previously saw the board table resolutions to expand
the equity policy.

In November, several hundred students showed up at a meeting of the
Board of Visitors and greeted arriving board members at committee
meetings with a silent protest. The board then agreed to reconsider
the issue this month, leading to Friday's vote.

The student government led a lobbying campaign on behalf of the
change. "This is all about protecting students and protecting faculty
and staff, regardless of their sexual orientation, so that everyone on
campus feels safe," said Molly Buckley, student body president. "This
is a somewhat conservative campus and some gay students say that they
don't feel safe speaking up in the classroom or walking at night."

Buckley noted that Virginia is a conservative state on social issues
and that voters there just backed a measure to strengthen the ban on
gay marriage. "We needed to tell the board that this isn't about gay
marriage. It's about protecting students and faculty," Buckley said.

Virginia's attorney general, Robert M. McDonnell, however, thinks the
gay marriage ban is relevant. He wrote this month to the Christopher
Newport board saying that it would not be legal for the university (or
other public institutions in the state, which have done the same
thing) to bar discrimination based on sexual orientation.

McDonnell argued that under Virginia law, divisions of the state
cannot adopt their own policies on issues on which the General
Assembly has taken its own position. McDonnell noted that Virginia law
bars discrimination based on a variety of measures, but not sexual
orientation. He also noted the gay marriage vote and the failure of 17
measures introduced in the legislature since 1997 to bar anti-gay
bias. In light of this record, he said, the state has a position that
agencies cannot bar discrimination based on sexual orientation.

A spokeswoman for the university said that the board took the letter
under advisement, but did not feel bound by it. The spokeswoman noted
that Gov. Tim Kaine issued an executive order in which he barred the
agencies he supervises from discrimination based on sexual orientation
(among other qualities). The spokeswoman said that the board
discussion of the issue was closed to the public, so she did not have
details on the board's thinking, except that the vote was unanimous.

Dyana Mason, executive director of Equality Virginia, a gay-rights
group, said that someone trying to challenge the anti-bias rules at a
public university could cite the attorney general's views, but that
other public universities had similar policies in place for years,
without difficulty. "We believe universities do have the authority to
set policy for internal purposes," she said.

— Scott Jaschik

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Executive Order 1 (2006)

Equal Opportunity

http://www.governor.virginia.gov/Initiatives/ExecutiveOrders/2006/EO_1.cfm

By virtue of the authority vested in me as Governor, I hereby declare
that it is the firm and unwavering policy of the Commonwealth of
Virginia to assure equal opportunity in all facets of state
government.

This policy specifically prohibits discrimination on the basis of
race, sex, color, national origin, religion, sexual orientation, age,
political affiliation, or against otherwise qualified persons with
disabilities. The policy permits appropriate employment preferences
for veterans and specifically prohibits discrimination against
veterans.

State appointing authorities and other management principals are
hereby directed to take affirmative measures, as determined by the
Director of the Department of Human Resource Management, to emphasize
the recruitment of qualified minorities, women, disabled persons, and
older Virginians to serve at all levels of state government. This
directive does not permit or require the lowering of bona fide job
requirements, performance standards, or qualifications to give
preference to any state employee or applicant for state employment.

Allegations of violations of this policy shall be brought to the
attention of the Office of Equal Employment Services of the Department
of Human Resource Management. No state appointing authority, other
management principal, or supervisor shall take retaliatory actions
against persons making such allegations.

Any state employee found in violation of this policy shall be subject
to appropriate disciplinary action.

The Secretary of Administration is directed to review annually state
procurement, employment, and other relevant policies for compliance
with the non-discrimination mandate contained herein, and shall report
to the Governor his or her findings together with such recommendations
as he or she deems appropriate. The Director of the Department of
Human Resource Management shall assist in this review.

This Executive Order supersedes and rescinds Executive Order Number
One (2002), Equal Opportunity, issued by Governor Mark R. Warner on
January 12, 2002, and revised on December 16, 2005.

This Executive Order shall become effective upon its signing and shall
remain in full force and effect until amended or rescinded by further
executive order.
Given under my hand and under the Seal of the Commonwealth of Virginia
this 14th day of January 2006.

Timothy M. Kaine, Governor

Attest: Secretary of the Commonwealth