While Penn State is not the only Pennsylvania university without a sexual orientation clause in its affirmative action policy, the University of Pennsylvania says its inclusion of the term works in curbing discrimination.

Under Penn's non-discrimination policy, employees and students can face disciplinary action for discrimination based on sexual orientation, said Neil Hamburg, assistant general counsel for the school.

"If an employee at the university is guilty of discriminating against someone based on sexual orientation they can face any kind of disciplinary action up to and including termination," Hamburg said. "A student may face any diciplinary action up to and including expulsion."

Penn State's non-discrimination policy protects students and employees from discrimination on the basis of race, religion, sex, handicap, age or status as a disabled or Vietnam-era veteran. But it does not cover discrimination based on sexual orientation.

Karen Lum, social equity specialist for the Office of the Chancellor for the Pennsylvania State System of Higher Education, said no university within the state's 14-school system is required to include sexual orientation in its affirmative action clause.

She said the schools were not required because gay men and lesbians do not need protection as a group, such as racial or religious groups protected by federal and state civil rights laws.

Although Hamburg said the University of Pennsylvania would have the clause anyway, the city of Philadelphia mandates that all agencies within its jurisdiction include sexual orientation in their non-discrimination policies.

Any employer, however, can require more of their employees than the state mandates, said Peter Smith, state inspector general.

A university employee can then be disciplined for discriminating on the basis of sexual orientation, even if the state does not require it, Hamburg said.

Since Penn adopted the policy more than seven years ago, a number of complaints of sexual orientation discrimination have been filed with the school's affirmative action office, Hamburg said.

Billie Willitis, Penn State's interim affirmative action officer, said the University has not added the term to its policy because legal counsel has advised that lawsuits could follow claiming discrimination on the basis of sexual orientation.

But gay rights activists on campus have said this is one of the reasons they want the term added to the clause.

No one has sued the University of Pennsylvania for not upholding the policy, Hamburg said. And reported incidents were investigated and appropriate discipline taken, he added.

Other universities in Pennsylvania which include sexual orientation in their non-discrimination policies include Temple University and the University of Pittsburgh.

Like Penn State, Mansfield University does not include sexual orientation in its affirmative action policy, said Lorraine Farr, assistant director of human resources for Mansfield University.