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  The Digital Collegian - Published independently by students at Penn State OPINIONS
[ Tuesday, Feb. 21, 2006 ]

Letter to the Editor
Courts should hold PSU to its nondiscrimination policy

We have Penn State women's basketball coach Rene Portland to thank for clarifications by Penn State about its nondiscrimination policy ("Arguments filed in case," Feb. 10).

In the federal lawsuit brought against Portland by former Lady Lion Jen Harris, university attorneys filed motions to dismiss complaints related to violating university policy prohibiting discrimination based on sexual orientation. They argue that "general policy statements" are not legally binding, and, "Mere administrative provisions in a personnel handbook or policy handbook simply do not rise to the level of agreement by which an employee must abide." This would surprise employees who think Penn State's policies require abiding. If the lawyers are right, we have been led to believe the nondiscrimination policy provided protection not just as do federal and state laws, but also for sexual orientation, as of 1991. The revised policy was never presented as optional, and it appears on many Penn State documents. Does an institution print a "mere administrative provision" on all of its documents? The attorneys' statements mean they think Penn State's policy imposes no legal obligation to prohibit discrimination based on sexual orientation. I hope the courts think otherwise.

Anthony R. D'Augelli
Professor, human development
 

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Updated: Monday, February 20, 2006  10:21:42 PM  -4
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Created: Wednesday, May 07, 2008  6:55:55 PM  -4