Gov. Bob McDonnell pledged to the folks at the Washington Post that he would not tolerate any form of discrimination in his administration, hoping to quell the controversy surrounding Attorney General Ken Cuccinelli's advice to state supported colleges and universities that they don't have the power to protect gays and lesbians from discrimination.
McDonnell said this week that he agrees with Cuccinelli's legal reasoning that only the 140-member General Assembly has the authority to expand on the state's existing list of folks protected from discrimination.
McDonnell had this to say to the Post.
In an interview Monday, Gov. Robert F. McDonnell (R) supported the legal reasoning of Cuccinelli's letter but stressed that he would allow neither colleges nor other state agencies to discriminate.
"There's a long list of opinions. It's all separation-of-powers issues," he said. "But that doesn't mean that a governor can't say to his managers, 'I will not tolerate discrimination in this administration.' "
McDonnell indicated Monday that he might sign legislation extending legal protections on the basis of sexual orientation if it were to pass the General Assembly. "I'd consider it," he said. "I'd have to look at the legal arguments for it."
And as far back as 2007, when he was still Virginia attorney general, McDonnell weighed in as the Christopher Newport University's board of visitors was considering protecting sexual orientation on the Peninsula campus. And it seems that McDonnell's 2007 legal reasoning was identical to Cuccinelli's in 2010.
"In a Feb. 13 letter, the state attorney general's office said CNU's Board of Visitors did not have the authority to add sexual orientation to its nondiscrimination policy.
The letter was in response to a request for legal advice from the board.
The letter signed by Attorney General Bob McDonnell notes: "It is my advice that the law and public policy of the commonwealth of Virginia prohibit the Board of Visitors of a college or university from including 'sexual orientation' as a protected class absent specific authorization from the General Assembly."
Click below the link to read the whole 2007 CNU story - we're trying to track down a copy of the full letter.
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Daily PressGAYS GUARDED AT CNUDate: Saturday, February 24, 2007 Section: Local News Edition: Final Page: C1 BY ANGELA FOREST aforest@dailypress.com | 247-7863
A look at today's top stories from the communities around you.
Staff photos (b&w) by ADRIN SNIDER
Listing sexual orientation as a protected class bucks advice from the attorney general's office.
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| For more than three years, students at Christopher Newport University formally requested, silently protested and petitioned the Board of Visitors to offer gay and lesbian students, staff and faculty the same protections from discrimination that other groups at the school receive.
On Friday, the board finally agreed, unanimously deciding to add sexual orientation to the list of protected groups on campus. However, the vote contrasts with legal advice from the state attorney general, who says that college boards lack the authority to expand discrimination protections. The board's decision generated a standing ovation from about 100 people -- mostly students -- who gathered in the David Student Union ballroom. It also generated relief from students like Jessica Shaker, a senior who heads the Gay Lesbian Bisexual Transgender group at CNU. "I'm just ecstatic that all the people coming behind me can come here and know they won't be discriminated against based on their sexual orientation," she said. In June 2004, a majority of the board voted to table the issue, saying members needed more information before making a decision. At the time, board members James "Jay" Joseph and Mary Elizabeth Hoinkes wanted to include sexual orientation. Since then, Joseph has become vice rector and new members have joined the 14-member board, namely Jane Susan Frank, who has been a vocal supporter of including gays and lesbians in the policy. "I think the board saw that this was an issue they needed to support, to support the students," said Frank, who is the wife of Newport News mayor Joe S. Frank. "These students have earned the respect of the board. We could find no reason not to pass it." Hoinkes said she was especially pleased that the vote was unanimous. "I think the vote speaks for itself," she said. While it remains unknown whether some board members disagreed with including gays and lesbians in the policy before the final vote, other opposing voices were much clearer. Joshua Dermer, a 2006 CNU graduate and president of Concerned Alumni for CNU, a group of about 20 university alumni, said the university's decision would negatively affect students involved in clubs that are against homosexuality. He was a member of such a group, the Young Constitutionalists, when he was at the university. "I'm doing this on behalf of my fellow students that are still here and that have to face the tyranny of political correctness on virtually every sphere," Dermer said. In a Feb. 13 letter, the state attorney general's office said CNU's Board of Visitors did not have the authority to add sexual orientation to its nondiscrimination policy. The letter was in response to a request for legal advice from the board. The letter signed by Attorney General Bob McDonnell notes: "It is my advice that the law and public policy of the commonwealth of Virginia prohibit the Board of Visitors of a college or university from including 'sexual orientation' as a protected class absent specific authorization from the General Assembly." At least 14 public and private colleges in the state -- including the College of William and Mary, Old Dominion University, Norfolk State University and Hampton University -- include gays and lesbians in their anti- discrimination policies. |
Just make it a part of the Honor Code. The Honor Code carries teeth, too....
The CNU Honor Code
“On my honor, I will maintain the highest possible standards of honesty, integrity and personal responsibility. That means I will not lie, cheat, or steal and as a member of this academic community, I am committed to creating an environment of respect and mutual trust.”
Under the Honor Code of Christopher Newport University it is expected that all members of the University community will demonstrate honesty and integrity in their conduct. Lying, stealing or cheating are violations of the Code that will result in sanctioning.
List explicitly acts of discrimination. Make it contractual. There are ALWAYS ways around the "law".
Posted by: Dean | Tuesday, March 09, 2010 at 07:21 PM