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How nondiscriminating can you be?

It struck me in reading Lanita Withers' Campus Notebook column today that institutions sometimes set policies in order to satisfy people but don't necessarily intend to carry them out in all instances.

My theory might not apply to Guilford College, which has expanded its Nondiscriminatory Policy Statement to include "gender identity" and "gender expression" after a lobbying effort by student David Norton. But if this means, as the policy implies, that "access to programs or activities for its student population" can't be denied on the basis of "gender identity," then it seems to me that a man would be allowed to identify as a woman for the purpose of playing on the women's basketball team. But, of course, in reality he wouldn't be allowed to do that. For one reason, if it included a male in its lineup, the women's basketball team wouldn't be allowed to compete against other women's teams. Nor would a man be allowed to prowl women's restrooms if he claimed to be feeling feminine at that particular time.

The policy also rejects discrimination in hiring and admission of students on the basis of "mental disability." But, in selecting faculty and students, mental ability is an important qualifying characteristic. While this doesn't refer only to intelligence, some mental disabilities clearly warrant evaluation with discrimination. For example, if Virginia Tech had been fully aware of the mental disabilities of Seung-Hui Cho, it likely would have sought his removal from campus. That would have been discriminatory, but it could have saved 33 lives.

Enforcing a nondiscriminatory policy on the basis of religion also could be awkward in regard to hiring a campus ministries coordinator. Would it really be helpful to have an atheist in that position?

I'm not trying to pick on Guilford, because almost all colleges have similar policies. I just question whether such policies are practical in all possible applications.

Comments (6)

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brian444 [TypeKey Profile Page] said:

The main thing for colleges like GC is to have new modes of not discriminating against X that put them a cut above the repressive schools that haven't seen the light ("psst, look at the neanderthals over at Greensboro college who don't not discriminate against 'gender expression' What savages"). Look for that list to keep expanding.

And Doug, you're right, most of time such lists don't mean anything much over run-of-the-mill fairness and common sense. But "mental disability" is the tough one. That we should not discriminate on the basis of "mental disability" is itself crazy, and you'll see more and more lawsuits, I predict, wherein the obvious problems with the current practices provide grist for the legal mill.

Doug said:

Thanks, brian. I understand you can draw some silly what-ifs regarding some of these nondiscrimination scenarios, but the Va.Tech shootings exposed some serious issues regarding the psychological condition of potentially dangerous students. How do you balance privacy against safety, the rights of the student in question against the rights of the college community as a whole?

These situations cry out for discrimination (by the common definition of the word), not nondiscrimination.

dave ribar said:

The word discriminate has several meanings. The policy language used by Guilford College and other institutions almost certainly follows the definition:

to make a distinction in favor of or against a person or thing on the basis of the group, class, or category to which the person or thing belongs rather than according to actual merit or qualifications.

Some of the more ridiculous examples from you and Brian444, such as the boys trying out for the girls team, the mental ability example, and the campus minister example, come from alternative uses of the word. Unfortunately, Guilford College leaves itself open to this kind of ridicule by not including a glossary of terms in its policy documents.

The issue of gender identity is actually a very tough one for schools to deal with. Trans-gendered people are generally instructed to change their dress and appearance and live that way for some period of time before drug or surgical changes will be made.

Doug said:

I'm not trying to ridicule Guilford College, and I appreciate its partnership with us in the Oct. 17 One Guilford program.

I also noticed the lack of definition regarding its policy, so it's impossible to tell by reading it what the possible applications are. I assume it's explained in detail to new students.

I don't want to dwell on the restroom issue, although I suppose it's out there. Lanita sent me a link to a Raleigh N&O story reporting on a rally by some State students who want unisex bathrooms on campus:

http://www.newsobserver.com/news/higher_education/v-print/story/688062.html

That might be OK at Guilford, except possibly in Dana Auditorium where patrons of the Eastern Music Festival and other community events might object.

I know it's ridiculous, but isn't it making a distinction, based on your definition, to require men to play on the men's team and women to play on the women's team? Based on merit or qualifications, perhaps a woman couldn't earn a spot on the men's team, but a man likely could earn a place on the woman's team if given the opportunity.

brian444 said:

Unlike Doug, I was trying to ridicule the policy.

Re: Dave's definion of discrimination: "to make a distinction in favor of or against a person or thing on the basis of the group, class, or category to which the person or thing belongs rather than according to actual merit or qualifications."

This posits a false opposition between categories and individual merits. If we are talking about mental disability and merit is determined according to a criterion of demonstrated mental ability, then what is one to do? Some people's brains work better than other people's. But if you're white and middle class and have the right kind of parents, you can get a diagnosis that will force accomodations. I see no reason why ADD should receive preferential treatment relative to low IQ.

Nor, if I have the "disease" of alcoholism, should I be allowed to show up drunk to teach a class. But if I claim a disability based on my "disease," you can't just fire me or deny me tenure because my disease caused my lack of what would, for others, be regarded as merit.

In these ways and myriad others, mental disability opens a Pandora's box.


Doug said:

All I know is this sage advice from the Car Talk guys: If you don't think too good, don't think too much.

We're maybe not meant to think too much about these policies.

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