BILL ANALYSIS Ó
SENATE COMMITTEE ON EDUCATION
Senator Carol Liu, Chair
2015 - 2016 Regular
Bill No: SCR 35
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|Author: |Stone |
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|Version: |March 26, 2015 Hearing |
| |Date: April 29, 2015 |
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|Urgency: |No |Fiscal: |No |
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|Consultant:|Kathleen Chavira |
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Subject: Anti-Semitism
SUMMARY
This bill urges each University of California (UC) campus to
adopt a resolution condemning all forms of anti-Semitism and
racism, including Islamophobia, and declares the Legislature's
condemnation of anti-Semitism augmenting education programs at
all publicly funded schools in the State of California.
BACKGROUND
Existing law prohibits the UC Regents, CSU Trustees, and CCD
governing boards from making or enforcing a rule subjecting a
student to disciplinary sanction solely on the basis of conduct
that is speech or other communication that, when engaged in
outside a campus of those institutions, is protected from
governmental restriction by the First Amendment to the United
States Constitution or Section 2 of Article I of the California
Constitution. Existing law authorizes a student to commence a
civil action against an institution that has made or enforced
such a rule. (EC § 66301)
Existing law clarifies that the aforementioned law does not
prohibit the imposition of discipline for harassment, threats,
or intimidation, unless constitutionally protected; nor does it
prohibit an institution from adopting rules and regulations
designed to prevent hate violence from being directed at
students in a manner that denies full participation in the
educational process, if the rules and regulations conform to
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constitutional rights.
(EC § 66301)
Existing law prohibits an employee from being dismissed,
suspended, disciplined, reassigned, transferred, or otherwise
retaliated against solely for acting to protect a student
engaged in conduct protected by the constitution or the
aforementioned laws, or for refusing to infringe upon conduct
that is protected by the constitution or the aforementioned
laws. (EC § 66301)
Existing law requests the UC Regents, the CSU Trustees, and
local community college governing boards, to adopt and publish
policies on harassment, intimidation, and bullying. (EC § 66302)
ANALYSIS
This bill urges each University of California campus to adopt a
resolution condemning all forms of anti-Semitism and racism,
including Islamophobia, and resolves the Legislature's
condemnation of any act of anti-Semitism augmenting education
programs at all publicly funded schools in the State of
California. Further, this resolution finds:
1. That the United States Department of State has defined
anti-Semitism as specified.
2. That there is clear evidence of increasing and alarming
incidents and expression of anti-Semitism throughout the
world and that one can witness the proliferation of
anti-Semitic activity.
3. That the Jewish Caucus of the Legislature held a related
press conference in February 2015 and an estimated 500
people gathered at the Capitol to protest anti-Semitic acts
across the nation.
4. That swastikas and other anti-Semitic sentiments have
increased on college campuses across the country and around
the world.
5. That record anti-Semitic acts around the world in 2014
included murders, attacks, death threats, arson, graffiti,
and other acts.
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6. That these acts extended to soccer stadiums, the internet,
editorial cartoons, Nazi salutes, and lead Jewish
individuals to conceal their religious and ethnic identity.
7. That the governments of France, Germany, Italy and the
United Kingdom, where the majority of European anti-Semitic
acts have occurred, have condemned anti-Semitism and
declared attacks on their Jewish communities intolerable.
8. That the State of California actively promotes tolerance of
all faiths and religions and the United States government
has played an active role in counteracting the resurgence
of anti-Semitism worldwide.
9. That the Legislature joins in the unequivocal condemnation
of all forms of anti-Semitism and rejects all forms of
anti-Semitism and attempts to justify anti-Jewish hatred or
violent attacks as an acceptable expression of disapproval
or frustration over political events in the Middle East or
elsewhere.
STAFF COMMENTS
1. Need for the bill. According to the author, this resolution
is prompted by the display of a Nazi swastika on top of an
American flag at a Sacramento home and the spraying of
swastikas on a Jewish fraternity building near the
University of California Davis campus. According to the
author, this resolution seeks to condemn the rise of
anti-Semitism that he opines has been seen across the state
and around the world.
2. Clarifying definitions. This resolution references a
definition of anti-Semitism issued by the United States
Department of State. Staff notes that this definition has
come under criticism as expanding beyond a definition of
anti-Semitism as hatred, violence, intimidation or
discrimination targeting Jews because of their ethnic and
religious identity to encompassing political speech and
activities critical of policies related to the state of
Israel.
Should the resolution be amended to refer to the Merriam Webster
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definition of anti-Semitism (hostility toward or discrimination
against Jews as a religious, ethnic, or racial group) in order
to ensure that there is no misinterpretation of the
Legislature's intent regarding this resolution?
3. Islamophobia. This bill calls for the adoption of a
resolution condemning anti-Semitism and racism, including
Islamophobia. According to the Council on American-Islamic
Relations' (CAIR) website, Islamophobia is closed-minded
prejudice against or hatred of Islam and Muslims. An
Islamophobe is an individual who holds a closed-minded view
of Islam and promotes prejudice against or hatred of
Muslims.
4. Religious tolerance versus content of educational programs?
This bill resolves the Legislature's condemnation of any
act of "anti-Semitism augmenting education programs" at all
public funded schools in the State of California. While
the Legislature may choose to clearly articulate its
condemnation of anti-Semitic acts and tolerance and
acceptance of all religious beliefs, it is unclear what
specifically would be seen as an "anti-Semitic augmentation
of an education program." Could this language be
interpreted as the Legislature's support of the restriction
of free speech activities on a college campus?
Staff recommends the bill be amended to delete "augmenting
education programs" on page 3, line 9. Staff further recommends
the bill be amended to insert, "Nothing in this resolution is
intended to diminish the rights of students or anyone else to
freely discuss or engage in any legal speech or other activity
protected by the Constitution of the United States."
5. Related UC activity. The UC reports several responses and
related policies:
A. In March 2015, the UC President and UC Board
of Regents Chairman issued a statement speaking out
against bigotry and hate in light of recent instances
of anti-Semitism on UC campuses. The statement
explained that anti-Semitic incidents, as well as
bigotry directed against any member of the UC
community because of their faith, ethnicity, gender or
sexual orientation, will not be tolerated and deserve
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condemnation.
B. Each of the UC campuses has their own policy
regarding the freedom of expression. In addition to
these individual policies, the Board of Regents has
also established a policy on employee and student
protections related to student press and student free
speech rights. These policies are based on the belief
that free expression, robust discourse, and the
vigorous debate over ideas and principles are
essential to the mission of the University.
C. In 2010, UC established a systemwide Campus
Climate Incidents Reporting System, a 24-hour hotline
for reporting incidents of bias, hate, intolerance,
and intimidation. The new hotline was integrated with
existing hotlines at the nine undergraduate campuses,
and is staffed by an outside vendor to ensure
confidentiality.
D. In 2011, based on deliberations with campus
administrations, students, and the UC President's
Advisory Council on Campus Climate, Culture, and
Inclusion, the University amended its policies on
student conduct which enhanced the capacity of campus
administrators to respond to acts of discrimination,
particularly where the victim was targeted because of
their identity.
E. In 2011, several members of the UC President's
Advisory Council on Campus Climate, Culture, and
Inclusion visited some UC campuses and met with
members of the Jewish community to engage in
fact-finding and identify ways to make campuses more
inclusive and welcoming for Jewish students.
Similarly, Council members also met with members of
the Muslim, Palestinian, and Arab communities, to gain
insight into the educational and co-curricular
experiences of Muslim and Arab students and identify
ways to make campuses more inclusive and welcoming for
them. Several recommendations that came out of these
meetings have been implemented, including collecting
data in a more inclusive way, addressing dietary and
living accommodation needs of Muslim and Jewish
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students, and providing student meditation or
reflection space on campuses.
F. Beginning fall of 2012, the University of
California surveyed its faculty and other academic
appointees, students, staff, trainees, and
post-doctoral scholars about their experiences and
perceptions of campus or workplace climate. In
response to the findings of the UC Campus Climate
Study, each UC campus has convened a group of
representatives to develop and execute action plans to
address key issues raised in the survey.
1. Related and prior legislation.
HR 35 (Halderman, 2012) called upon officials of California
public postsecondary educational institutions to increase
their efforts to condemn acts of anti-Semitism on their
campuses. This House Resolution was adopted by the Assembly
via a vote in the Assembly Higher Education Committee in
August 2012 of 8-1.
SUPPORT
None received.
OPPOSITION
Asian Law Caucus
Center for Constitutional Rights
Jewish Voice for Peace
National Lawyers Guild, Los Angeles
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