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Las Vegas Sun
2009-04-28

UNLV moves to fix anti-bias policy (new window)

The Chancellor of the Nevada higher education system is calling on UNLV to re-write its proposed anti-bias policy, which was rightly criticized by the Nevada ACLU last week.

The anti-bias policy states that,
“’Bias Incidents’ refers to verbal, written, or physical acts of intimidation, coercion, interference, frivolous claims, discrimination, and sexual or other harassment motivated, in whole or in part, by bias based on actual or perceived race, ethnicity, color, religion, creed, sex (including gender identity or expression, or a pregnancy related condition), sexual orientation, national origin, military status or military obligations, disability (including veterans with service-connected disabilities), age, marital status, physical appearance, political affiliation, or on the basis of exercise of rights secured by the First Amendment of the United States Constitution. Such acts, although in violation of applicable University codes of employee and/or student conduct may or may not violate state or federal statutes. Bias incidents do not include statements made on controversial issues that serve to promote intellectual inquiry into those issues.”

With such an expansive definition, the proposed policy restricts protected speech.  Fortunately, rather than digging in their heels, the administration for the higher education system seems to agree.  Recommending that lawyers and law professors who understand the First Amendment re-write the policy, Chancellor Rogers stated, "My initial reaction is that I'm very, very uncomfortable with it. I think it is far too restrictive. I think it really will impede freedom of speech."