BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SCR 35|
|Office of Senate Floor Analyses | |
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THIRD READING
Bill No: SCR 35
Author: Stone (R), et al.
Amended: 5/6/15
Vote: 21
SENATE EDUCATION COMMITTEE: 6-0, 4/29/15
AYES: Liu, Block, Hancock, Leyva, Mendoza, Pan
NO VOTE RECORDED: Runner, Monning, Vidak
SUBJECT: Anti-Semitism
SOURCE: Author
DIGEST: 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 at all publicly
funded schools in the State of California.
ANALYSIS:
Existing law:
1)Prohibits the UC Regents, California State University (CSU)
Trustees, and Community College District 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
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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)
2)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
constitutional rights. (EC § 66301)
3)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)
4)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)
This bill:
1)Urges each UC campus to adopt a resolution condemning all
forms of anti-Semitism and racism, including Islamophobia.
2)Resolves the Legislature's condemnation of any act of
anti-Semitism at all publicly funded schools in the State of
California.
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3)Clarifies that nothing in the 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 United State Constitution.
4)Makes the following findings:
a) That the United States Department of State has defined
anti-Semitism as specified.
b) 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.
c) 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.
d) That swastikas and other anti-Semitic sentiments have
increased on college campuses across the country and around
the world.
e) That record anti-Semitic acts around the world in 2014
included murders, attacks, death threats, arson, graffiti,
and other acts.
f) That these acts extended to soccer stadiums, the
internet, editorial cartoons, Nazi salutes, and lead Jewish
individuals to conceal their religious and ethnic identity.
g) 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.
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h) 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.
i) 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.
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 UC 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. Senate Education Committee 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.
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.
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4)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 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 UC.
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 UC
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
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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 students, and providing student
meditation or reflection space on campuses.
f) Beginning fall of 2012, the UC 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.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:NoLocal: No
SUPPORT: (Verified5/8/15)
The Lawfare Project
OPPOSITION: (Verified5/7/15)
Asian Law Caucus
Center for Constitutional Rights
Jewish Voice for Peace
National Lawyers Guild, Los Angeles
Prepared by:Kathleen Chavira / ED. / (916) 651-4105
5/8/15 16:51:55
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