ESU revokes protections for lesbians, gays
By Nancy Kwilas
As reported in the News-Telegraph

EMPORIA -- Non-discrimination policies and their inclusion of protections based on "sexual orientation" are a hot topic at institutes of higher learning in this region.
While the University of Missouri Board of Curators has recently opened the dialogue about the possibility of reinstating "sexual orientation" in its policy, the new administration at Emporia State University, without so much as a peep, had it stricken.

Joe Barron, legal counsel to ESU, said that he was asked by the administration about having "sexual orientation" in the non-discrimination policy. He advised them that there was "no legal basis" for including it since there are no state or federal laws to that effect.

Barron also said that he "didn't think it appropriate" for a state agency -- which the university is -- to take it upon itself to institute a policy which federal and state legislators did not decide to do.

Even though ESU's non-discrimination policy does not include "sexual orientation," Barron said that "didn't mean improper behavior would be tolerated."

People at ESU are upset about the change and especially the secrecy that seems to surround it.

The policy, which had been in effect since 1990, was changed in either July or August of this year. According to a source at ESU, many of the university's own documents still do not reflect the change, including admissions and application forms and the faculty policy and procedures manual.

One source, which requested anonymity, also notes that "sexual orientation" was removed from the non-discrimination policy in the undergraduate catalog by some unknown individual back in 1997.

The first real public discussion of the change seems to have happened just recently at a Nov. 12 meeting sponsored by the Women's Programming Board.
Gayle Meierhoff, assistant to the president on legal issues, called the change a "legal correction," according to an individual in attendance. Meierhoff also said the change would protect the university's finances from lawsuits.

Faculty members are also disturbed by the change, as they apparently no longer have recourse should they be discriminated against or fired on the basis of sexual orientation.

At the University of Kansas -- which has an inclusive non-discrimination policy and a reputation as one of the most supportive campuses in the area -- students are keeping a close eye on the happenings in Emporia for fear that the Board of Regents may revoke their protections.

Barron said, "their policy is still intact." But based on the lack of state or federal legislation to support it as mentioned previously, he does not believe there is any basis to uphold it should a case arise.

Whether or not there is a state or federal law on the books protecting lesbians and gays from discrimination, the students, staff and faculty are not taking the revocation idly.

An internet-spawned grass-roots letter writing and e-mailing campaign to try to get ESU President Kay Schallenkamp to reinstate the policy has been launched. Interested parties are being kept abreast of all activity via e-mailed updates and reports from ESU's student newspaper at www.esubulletin.com.