Whether or not the Reserve Officer Training Corp (ROTC) should be allowed back to Columbia's campus has been an issue that has been debated throughout the university recently since the US Congress repealed the military policy of "Don't Ask, Don't Tell" that was enacted during the Clinton adminstration.
At arguably the heart of the argument and where most of the opposition against a return of ROTC is centered around Columbia's non-discrimination policy. Opponents argue that the military still does not allow transgender individuals to join despite the repeal of Don't Ask, Don't Tell-- in the school's Equal Educational Opportunity and Student Nondiscrimination Policies and Procedures on Discrimination and Harrassment, it states that "Columbia University is committed to providing a learning environment free from unlawful discrimination and harassment and to fostering a nurturing and vibrant community founded upon the fundamental dignity and worth of all of its members." It goes on to say that all members of the community are "expected to adhere to the applicable policies." Depending on whether the accused discriminator is a student, faculty member or staff, or a student organization, the procedures seem to differ and are, moreover, left vague, but could include action and punishment by the dean of the appropriate school.
Columbia's University Senate, which has taken up the issue of whether ROTC should be allowed back to its campus and of what its overall relationship with the military should be, took a poll of students in the five schools that have had a student participate in an ROTC program in the last five years-- CC, SEAS, GS, Barnard, and SIPA. The poll provides demographical insight into how a portion of the Columbia student body feels about the issue.
In it, one of the questions asked students:
I am ___ current US military practice in relation to Columbia's non-discrimination policy
- Supportive of
- Somewhat supportive of
- Neither supportive of nor unsupportive of
- Somewhat unsupportive of
- Unsupportive of
- Don't know
Of those that responded to the survey, 37% said that they supported or somewhat supported, 13% neither, 39% some shade of unsupportive, and 11% not knowing. In reviewing the internals of the data, SIPA, GS, and SEAS overall saw more alignment between the US military and Columbia's non-discrimination policy while CC and Barnard the opposite. The 25% turnout from CC was significantly higher than the other schools, which appears to have dragged down support (or raised the unsupportive figure).
ROTC would co-exist fine with the non-discrimination policy
Question: Can ROTC, under current law, co-exist on campus with Columbia's non-discrimination policy, as currently written?
My answer: Yes.
It does not appear from a plain reading of Columbia's non-discrimination policy that hosting ROTC on campus, under current law, would in fact violate Columbia's non-discrimination policy.
Read COLUMBIA UNIVERSITY EQUAL EDUCATIONAL OPPORTUNITY AND STUDENT NONDISCRIMINATION POLICIES AND PROCEDURES ON DISCRIMINATION AND HARASSMENT.
From opening paragraph: Columbia University is committed to providing a learning environment free from unlawful discrimination and harassment . . . Consistent with this commitment and with applicable laws, it is the policy of the University not to tolerate unlawful discrimination . . .
**Key phrasing is "unlawful discrimination". Whatever is one's personal opinion of it, military personnel policy is lawful, not unlawful.
From opening paragraph: Consistent with this commitment and with applicable laws . . .
**Key phrasing is "applicable laws". Anti-discrimination laws for ordinary civilian employers have sometimes been cited in the case against ROTC at Columbia. However, for obvious reasons, laws that regulate ordinary civilian employers do not apply to military personnel policy, which is regulated by separate federal statutes and case law.
From third paragraph: Nothing in this policy shall abridge academic freedom or the University’s educational mission.
**The superseding provision in Columbia’s non-discrimination policy retains the University's discretion to promote the “University's educational mission” notwithstanding any other provision of the non-discrimination policy. The University Senate is deciding whether ROTC will be included in the University’s educational mission. While Columbia can decide to exclude ROTC, the same discretion allows Columbia to add ROTC to the University's educational mission without compromise.
From second paragraph: Columbia University does not discriminate against any person in the administration of its educational policies, admissions policies, scholarship and loan programs, and athletic and other University-administered programs . . .
**Key phrasing is "its [Columbia's] ... policies". Military personnel policy is set by the federal government and is not Columbia's policy. Military personnel policy is limited to a defined jurisdiction. A distinction can be made between the military's commissioning requirements and the academic program on campus. In order to serve its wider pedagogical function, much of the ROTC program normally is open to the general student body. Other universities that host ROTC with non-discrimination policies similar to Columbia's policy are able to distinguish between university policy and federal policy. President Bollinger, as the former provost of Dartmouth AROTC and former president of UMichigan AROTC, AFROTC, and NROTC, is well-suited to manage the ROTC relationship on campus.
From Definitions: Discrimination is defined as: • treating members of a protected class less favorably because of their membership in that class; or • having a policy or practice that has a disproportionately adverse impact on protected class members.
**Lawful accomodations, such as Barnard's admissions policy, do not infringe the protection of a legally "protected class". As a practical matter, ROTC enhances the course offerings for Columbia students, while the addition of ROTC on campus would not subtract nor replace anything that currently exists for students. Nor would ROTC require Columbia to rewrite the non-discrimination policy. "Military status" enumerated as a legally protected class in Columbia's non-discrimination policy also ensures that members of ROTC would be protected and raises the question of the University's responsibility to Columbia's ROTC students.
From Definitions: Discriminatory Harassment - Discriminatory harassment is defined as substantially interfering with an individual's educational experience by subjecting him or her to severe or threatening conduct or to repeated humiliating or abusive conduct, based on his or her membership in a protected class.
**ROTC and its manifestations on campus (office, classes, training, etc.) would not be a separate zone on campus that allows discriminatory harassment. ROTC cadre and participating students would be held to the same standards of behavior as all Columbians. Columbia students should feel as safe in ROTC offices as anywhere else on campus.
hi
policy "Do not Ask, Do not Tell" is a way seems to be for too many people or corporations. I wonder now, what remains to be done?
Inchirieri Masini
hi
policy "Do not Ask, Do not Tell" is a way seems to be for too many people or corporations. I wonder now, what remains to be done?
Inchirieri Masini
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