BILL ANALYSIS Ó
HR 35
Page 1
Date of Hearing: August 22, 2012
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Das Williams, Chair
HR 35 (Halderman) - As Introduced: August 6, 2012
SUBJECT : Anti-Semitism
SUMMARY : Calls upon officials of California public
postsecondary educational institutions to increase their efforts
to condemn acts of anti-Semitism on their campuses.
Specifically, this bill :
1)Includes numerous findings about the increase in
anti-Semitism, including the United States Commission on Civil
Rights' 2006 report that anti-Semitism exists on some college
campuses and is often cloaked as criticism of Israel and
recommended that colleges and universities ensure that
students are protected from actions that could create a
hostile anti-Semitic environment.
2)Notes that the United States Department of State, among
others, endorses the European Union Agency for Fundamental
Rights' working definition of anti-Semitism, which notes that
in context certain language or behavior demonizes and
delegitimizes Israel or attacks Israel with classic
anti-Semitic stereotypes.
3)States that some Jewish students have experienced physical
aggression, harassment, and intimidation by members of student
or community groups in student-sponsored protests and rallies
held on campus; speakers, films, and exhibits sponsored by
student, faculty, and community groups that engage in
anti-Semitic discourse or use anti-Semitic imagery and
language to falsely describe Israel, Zionists, and Jews;
swastikas and other anti-Semitic graffiti in residential
halls, public areas on campus, and Hillel houses; student- and
faculty-sponsored boycott, divestment, and sanction campaigns
against Israel that are a means of demonizing Israel and seek
to harm the Jewish state; student-led support for terrorist
organizations such as Hamas and Hezbollah; and suppression and
disruption of free speech that present Israel's point of view.
4)Commends the response by California postsecondary education
institutions to incidents of hate and intimidation, including
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anti-Semitism, and the University of California's (UC) refusal
to divest from companies doing business with Israel;
strengthening of its systemwide policies prohibiting student
conduct motivated by bias, including religious bias;
implementation of a campus climate reporting system for
reporting incidents of intolerance or bias and development of
a comprehensive UC systemwide campus climate assessment;
formation of an Advisory Council on Campus Climate, Culture
and Inclusion; and immediate condemnation by UC leaders of
specific acts of intolerance or bias when they occur.
5)Urges the UC leadership to continue to take action to address
anti-Semitism on its campuses while staying within the
constraints of the First Amendment to the United States
Constitution, noting that strong leadership from the top
remains an important priority so that no administrator,
faculty, or student group can be in any doubt that
anti-Semitic activity will not be tolerated in the classroom
or on campus and that no public resources will be allowed to
be used for anti-Semitic or intolerant agitation.
6)Resolves that the Legislature condemns all forms of
intolerance on public postsecondary educational institutions
and calls upon these institutions to increase their efforts to
condemn acts of anti-Semitism and to utilize existing
resources, such as the European Union Agency for Fundamental
Rights' working definition of anti-Semitism, to help guide
campus discussion about and promote educational programs for
combating anti-Semitism on their campuses.
FISCAL EFFECT : None
COMMENTS : Purpose of this resolution . According to the author,
"This resolution is not targeted at a specific deficiency in
current law, but is intended to draw attention to on-campus
anti-Semitism, a problem which requires additional serious
attention on both a campus and system-wide basis."
Background . Freedom of speech is a fundamental American
freedom, and many believe that nowhere should it be more valued
and protected than at colleges and universities. Concerns have
been raised that the intellectual vitality of campuses is
threatened when students and faculty fear punishment for
expressing unpopular views.
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The Assembly Higher Education Committee has convened several
oversight hearings on campus climate issues in recent years,
including Hate, Violence, and Bigotry on Public College and
University Campuses (June 2010) and two hearings on the
appropriate use of force in response to unlawful student protest
(December 2011 and May 2012). As witnesses at all hearings
observed, the underlying challenge is determining when speech or
action cross the line into violence or fear of violence or
infringes upon others' Constitutional rights.
The segments have systemwide policies that prohibit
discrimination, harassment and retaliation against students and
govern campus organizations and sponsored activities on campus,
as well as student and faculty codes of conduct.
UC campus climate report . In June 2010, President Yudof
established his Advisory Council on Campus, Climate, Culture,
and Inclusion to identify, evaluate and share "promising
practices." Led by President Yudof and UC Berkeley School of
Law Dean Christopher Edley, the Advisory Council commissioned a
fact-finding mission about the challenges and campus experiences
of Jewish students at UC and to identify steps needed to make
campuses more inclusive and welcoming. Released on July 9, the
report is under review by UC. Among its findings, the report
notes that for many Jewish students, their cultural and
religious identity cannot be separated from their identity with
Israel but understand the constraints that exist in prohibiting
discussion about a geopolitical conflict on a college campus.
More than 2,200 students, faculty, and alumni have signed a
petition asking President Yudof to set aside the report,
protesting its findings and recommendations.
Is this more appropriately an ACR ? This measure expresses the
opinion of the Legislature in several instances. Staff suggests
this measure be introduced as an ACR, which represents the views
of both houses and is appropriate considering this subject
matter, or amended to clarify that this resolution expresses the
intent of the Assembly, not the Legislature.
Author's amendments . The author has proposed amendments to make
clarifying changes and add the following:
WHEREAS, the Legislature urges both the University of
California and the California State University system to
take additional actions to confront anti-Semitism on its
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campuses, with due respect to the First Amendment of the
United States Constitution.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file.
Opposition
None on file.
Analysis Prepared by : Sandra Fried / HIGHER ED. / (916)
319-3960