University revises guidelines for student groups

COLUMBUS – In an effort to balance the rights of all students and following an extensive review, The Ohio State University has revised its policies governing student organizations to allow those groups formed to foster or affirm sincerely held religious beliefs to adopt a nondiscrimination statement consistent with those beliefs.

William H. Hall, vice president for student affairs, said the revised guidelines, which also deal with establishing student organizations and the criteria for awarding them funding and other benefits, were developed in large part by the Committee on Student Organization Classification and Resource Eligibility, an ad-hoc committee of the Council on Student Affairs (CSA). Students, faculty and other concerned individuals provided input through several avenues, including participation in open forums last spring.

“It is one of the most difficult decisions I have had to make,” Hall said. “I am personally and professionally committed to nondiscrimination in every aspect of university life. I also respect those with sincere religious beliefs and their rights to organize in accordance with those beliefs.”

Hall emphasized that the revision of student organization guidelines, which is supported by university administration, does not represent a reversal of any other Ohio State stance on discrimination, nor does it affect anything other than student organizations formed to foster or affirm sincerely held religious beliefs.

“Most of our religiously oriented student organizations embrace diversity and have no qualms adopting the university’s nondiscrimination policy,” Hall said. “But, for those few who truly and sincerely believe that open membership would violate their religious beliefs, I believe we need to allow them the option of following their faith.”

In examining the guidelines, the issue that raised the most concern and discussion among religious groups in particular was the requirement that student organizations include in their constitutions a statement of nondiscrimination based on age, color, disability, gender identity or expression, national origin, race, religion, sex, sexual orientation or veteran status, Hall said. Some argued that the prior policy infringed on the groups’ rights of religious expression and/or free association, objecting particularly to the sexual orientation and gender identity clauses as being incompatible with their religious beliefs.

Hall had directed CSA to appoint the ad-hoc committee during the 2003-04 academic year, the first year in which the university charged a student activity fee. After revising and then accepting the committee’s report, CSA made its recommendations to Hall in June. Throughout the summer, Hall and other university administrators, including legal counsel, continued to study the issue.

In addition to some minor revisions, Hall accepted all the committee’s recommendations with the exception of that seeking to maintain the current requirement of nondiscrimination according to the university’s overall policy. “I do respect the time, effort and careful consideration CSA gave to this process,” Hall said. “But I understand that there is legal support for both sides on this issue, so I believe that, at this time, this decision is the better way to go.”

In fall 2003 a series of conversations took place between members of two law student organizations regarding the ability of one of the groups, the Christian Legal Society (CLS), to restrict membership in its organization.

CLS leadership indicated that it still wished to be recognized as a student organization but refused to include in its constitution the religion or sexual orientation portions of the university’s non-discrimination policy. The university recognized CLS on a provisional basis while the new student organization policy was under consideration, yet CLS filed a lawsuit in March, asserting that the university had infringed upon its members’ free exercise of religion and their right to free association.

Student organizations are supported mainly by their own dues and fund-raising, and may be allocated funds by CSA from the student activity fee. A group’s funding level depends on its size and longevity as well as the merits of its application. The maximum allocation is $200 annually in operating expenses and $1,000 to $2,500 annually in programming expenses. Registered student organizations are also permitted to use some university facilities and resources not available to unregistered groups or individuals.

Additional highlights of the revised guidelines are:

· Student organizations are categorized according to several criteria, including size, longevity and purpose.

· Funding and other benefits vary by category.

· A minimum of five Ohio State students are needed to create an organization, up from three.

· A student may not serve as an officer of more than three organizations, and a faculty member may not serve as the adviser for more than three organizations.

· Requests for funding are to be made quarterly, and funding decisions are to be made on a viewpoint-neutral basis, taking into account objective, evaluative and comparative criteria.

The complete revised guidelines can be found at http://studentaffairs.osu.edu.