HB2 Letter and Documents

8/17/2019 HB2 Letter and Documents

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2015-16 Executive CommitteeS. Leonard UNCCH, Chair P. Williams NCSU, 5 delegate Caucus

G. Lugo UNCW, Chair-Elect S. Jovanovic UNCG, 4 delegate Caucus

A. Morehead ECU, Vice Chair R. Barrett NCCU, 3 delegate Caucus

D. Green NCCU, Secretary L. Dohse, 2 delegate Caucus

J. Martin NCSU, Parliamentarian J. Porto UNCCH, At-largeH. McMurray NCCU, HMI Caucus Chair S. Chao FSU, At-Large

UNC Faculty Assembly

Established 1972

8 April 2016

Governor McCrory:

The appended materials are faculty governance actions resolved in response to House Bill 2, Session

Law 2016-3. (Included here are actions of the UNC system Faculty Assembly, and 11 campuses --

ASU, ECU, UNCA, UNCC, UNCCH, UNCG, UNCP, UNCSA, UNCW, WCU, WSSU; actions are pending at

NCATSU, NCCU, and NCSSM, and communications with the faculty leadership of ECSU, FSU, and

NCSU are still in progress.)

It is the considered judgment of the UNC Faculty Assembly that the provisions of House Bill 2

constitute an ill-advised legislative intervention in the governance of the University of North

Carolina and its constituent institutions.

The people of North Carolina expect the authorities of the University – its faculty, administration,

and appointed governing bodies – to determine and carry out the responsibilities of promoting

excellence in public higher education in this state. It is not in the interest of the public for the

legislative authorities of this state to usurp the prerogatives of shared governance in institutions of

public education. The extant structures of University governance are, in this regard, a testament to

the wisdom of our predecessors and the long traditions of practical experience that have for several

centuries regulated public higher education in North Carolina.

There is no evident need or improvement in public higher education that is served by this

legislation. On the contrary, it is widely recognized that the provisions of HB2 are antithetical to the

recruitment, retention, and success of talented students, staff, faculty, and administrators of the

University, and it promotes deleterious effects on intellectual innovation, creativity, andentrepreneurial achievement.

The Chief Executive of the State of North Carolina has a solemn duty to encourage the effective

performance of the state’s public institutions. The Governor is given wide prerogative authority for

that purpose. In this instance, the wise use of that prerogative authority counsels action that will

allow the governance bodies of the University to manage the mission of the institution in a way

consistent with their knowledge, expertise, and practical experience.

House Bill 2 undermines the principles the office of the Governor is duty-bound to uphold. It is the

considered advice and counsel of the UNC Faculty Assembly that you make every effort to mitigate,

if not negate, the effects of this ill-advised and unnecessary interference in the governance of theUniversity.

Sincerely,

For the UNC system Faculty Assembly,

Stephen Leonard, Chair


2/18

2015-16 Executive CommitteeS. Leonard UNCCH, Chair P. Williams NCSU, 5 delegate Caucus

G. Lugo UNCW, Chair-Elect S. Jovanovic UNCG, 4 delegate Caucus

A. Morehead ECU, Vice Chair R. Barrett NCCU, 3 delegate Caucus

D. Green NCCU, Secretary L. Dohse, 2 delegate Caucus

J. Martin NCSU, Parliamentarian J. Porto UNCCH, At-large

H. McMurray NCCU, HMI Caucus Chair S. Chao FSU, At-Large

UNC Faculty Assembly Established 1972

Resolution 2016-1.

On Legislative Abrogation of University Responsibilities

Approved by the UNC Faculty Assembly 8 April 2016

The UNC Faculty Assembly resolves:

It is the responsibility of the faculty of the University to promote the public interest of the people of North Carolina

through the unfettered pursuit of teaching, research, and service. Discrimination against students, staff, faculty, and

administrators for reasons “not relevant to valid University decision making” (UNC Code 101.3.III.B), including “race,

color, religion, sex, sexual orientation, gender identity, national origin, age, disability, genetic information, or veteran

status” (UNC Code 103), is antithetical to the freedoms required for the pursuit of academic excellence, may entail

biases prohibited by due process provisions in University employment and reappointment decisions (UNC Code

101.1.604.B), and compromises the public mission of the University.

The amendments of North Carolina Statutes promulgated in North Carolina Session Law 2016-3, defining [in §G.S.

143-422.2 (a)] protected classes as “race, religion, color, national origin, age, biological sex or handicap,” defining

[in G.S. §143-760 (a) (1)] “biological sex” as “The physical condition of being male or female, which is stated on a

person's birth certificate,” requiring [in G.S. § 143-760 (b), (c)] that state institutions limit the use of any “multiple

occupancy bathroom or changing facility” to persons defined as “male or female” as “stated on a person’s birth

certificate,” and [in §G.S. 143-422.2 (c)] enforcing the supersession and preemption of “any ordinance, regulation,

resolution, or policy adopted or imposed by a unit of local government or other political subdivision of the State that

regulates or imposes any requirement upon an employer pertaining to the regulation of discriminatory practices in

employment,” will vacate many of the essential protections of the University Code, and authorizes newly defined

forms of discrimination against some members of the University community.

Veteran status, genetic information, sex, sexual orientation, and gender identity would now be excluded from

protection under the University Code, and the University could act against numerous students, staff, faculty, and

administrators for whom the assignment of “male or female” status at birth is inadequate for identifying significant

variation from dimorphic norms of sexuality that result from differences in brain structure, hormones, chromosomes,

reproductive organs, genitalia, and psychological dispositions, those for whom sexual identity has been mutable over

time, and those from political jurisdictions that recognize sexual identities other than male or female.*

This will of necessity abrogate the conditions required to realize the public benefits of academic freedom, engender

potential violations of University due process provisions, risk possible loss of federal funds for noncompliance with

Title IX and other federally mandated nondiscrimination requirements, and diminish the capacity of the University

to fulfill its obligations to the people of North Carolina.

The UNC Faculty Assembly is therefore resolved in its continued commitment to the nondiscrimination protections of

the UNC Code, and commends all efforts on the part of UNC General Administration and the UNC Board of Governors

to uphold those provisions and the solemn duties of the University.

*These currently include but may not be limited to: New Zealand, Germany, Australia, India, Pakistan, Bangladesh, Nepal, and several

Native American tribes subscribing to Two-Spirit gender categories.


3/18

Resolution on HB2

Whereas, the North Carolina Legislature recently passed House Bill 2, the Public Facilities Privacy and

Security Act, and this bill was signed into law on March 23, 2016, by Governor Pat McCrory;

Whereas, this bill discriminates against, and places severe limits on, the civil rights of all people in our

state, including lesbian, gay, bisexual, and transgender people; and

Whereas, Appalachian State University values diversity and supports making our campus a safe,

inclusive space for all, regardless of sexual orientation or gender identity;

Whereas, this bill clearly creates more safety issues than it addresses; therefore

Be it resolved , that the Appalachian State Faculty Senate does not support the discriminatory intent of

House Bill 2, and will continue to make our campus as safe and inclusive as possible for all faculty, staff,

and students.


4/18

Resolution of support for the current Nondiscrimination policy at East Carolina University

Whereas, North Carolina House Bill 2 [1] states that Public agencies shall require every multiple-occupancy bathroom or changing facility to be designated for and only used by persons based on their

biological sex; and

Whereas, North Carolina House Bill 2 defines biological sex as “The physical condition of being male

or female, which is stated on a person's birth certificate;” and

Whereas, North Carolina House Bill 2 excludes sexual orientation, gender identity, and military statusin the regulation of discriminatory practices; and

Whereas, the North Carolina Senate Judiciary IV Committee considering House Bill 2 could not agree[2] on the definition of gender identity, with one of the bill sponsors claiming that gender identity refers

to one's biological sex based on the birth certificate; and

Whereas, The U. S. Employment Non-Discrimination Act of 2013 prohibits covered entities(employers, employment agencies, labor organizations, or joint labor-management committees) from

engaging in employment discrimination on the basis of an individual's actual or perceived sexual

orientation or gender identity; and

Whereas, The U. S. Equal Employment Opportunity Commission [3] considers it discriminatory to

deny an employee equal access to a common restroom corresponding to the employee's gender identity;and

Whereas, transgender youth have a high suicide rate that is exacerbated by lack of access to bathroom

facilities corresponding to their gender identity [4], and in the Charlotte area there have been two recentsuicides of transgender youth ages 16 and 18; and

Whereas, North Carolina may lose considerable economic benefits including the possible loss of

federal funds due to violations of Title IX of the Education Amendments of 1972 and/or Title VII ofthe Civil Rights Act of 1964; and

Whereas, East Carolina University, as an institution dedicated to the free and respectful exchange ofideas and the ideal that a diversity of experiences and perspectives enriches our community, has a

moral mandate to protect our entire community;

Therefore, Be It Resolved That

The Faculty Senate recommends that in its Nondiscrimination policy, East Carolina University uses the

definition of gender identity as one's inner sense of one's own gender, which may or may not match the

sex assigned at birth, and

Be It Further Resolved That

The Faculty Senate recommends that sexual orientation, gender identity, and veteran status continue to be included as protected classes in the East Carolina University Nondiscrimination policy, which

includes in part as quoted here:

9.1.1. East Carolina University prohibits unlawful discrimination based on the following

http://www.eeoc.gov/decisions/0120133395.txthttp://www.eeoc.gov/decisions/0120133395.txthttp://www.eeoc.gov/decisions/0120133395.txthttp://www.eeoc.gov/decisions/0120133395.txt


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protected classes: race/ethnicity, color, genetic information, national origin, religion, sex

(including pregnancy and pregnancy related conditions), sexual orientation, gender identity,

age, disability, political affiliation, and veteran status.

1. http://www.ncleg.net/Sessions/2015E2/Bills/House/PDF/H2v4.pdf 2. http://www.wral.com/news/state/nccapitol/video/15596204/

3. http://www.eeoc.gov/eeoc/newsroom/wysk/enforcement_protections_lgbt_workers.cfm 4. Kristie L. Seelman, “Transgender Adults’ Access to College Bathrooms and Housing and theRelationship to Suicidality”, Journal of Homosexuality, Feb. 25 (2016).

http://www.ncleg.net/Sessions/2015E2/Bills/House/PDF/H2v4.pdfhttp://www.ncleg.net/Sessions/2015E2/Bills/House/PDF/H2v4.pdfhttp://www.ncleg.net/Sessions/2015E2/Bills/House/PDF/H2v4.pdfhttps://www.piratemail.ecu.edu/owa/redir.aspx?SURL=rQQZ0HHHv76sNZjTQr41trCHS3JD3VgOHdJokbrHQiBAOb2aTFbTCGgAdAB0AHAAOgAvAC8AdwB3AHcALgB3AHIAYQBsAC4AYwBvAG0ALwBuAGUAdwBzAC8AcwB0AGEAdABlAC8AbgBjAGMAYQBwAGkAdABvAGwALwB2AGkAZABlAG8ALwAxADUANQA5ADYAMgAwADQALwA.&URL=http%3A%2F%2Fwww.wral.com%2Fnews%2Fstate%2Fnccapitol%2Fvideo%2F15596204%2Fhttps://www.piratemail.ecu.edu/owa/redir.aspx?SURL=rQQZ0HHHv76sNZjTQr41trCHS3JD3VgOHdJokbrHQiBAOb2aTFbTCGgAdAB0AHAAOgAvAC8AdwB3AHcALgB3AHIAYQBsAC4AYwBvAG0ALwBuAGUAdwBzAC8AcwB0AGEAdABlAC8AbgBjAGMAYQBwAGkAdABvAGwALwB2AGkAZABlAG8ALwAxADUANQA5ADYAMgAwADQALwA.&URL=http%3A%2F%2Fwww.wral.com%2Fnews%2Fstate%2Fnccapitol%2Fvideo%2F15596204%2Fhttps://www.piratemail.ecu.edu/owa/redir.aspx?SURL=rQQZ0HHHv76sNZjTQr41trCHS3JD3VgOHdJokbrHQiBAOb2aTFbTCGgAdAB0AHAAOgAvAC8AdwB3AHcALgB3AHIAYQBsAC4AYwBvAG0ALwBuAGUAdwBzAC8AcwB0AGEAdABlAC8AbgBjAGMAYQBwAGkAdABvAGwALwB2AGkAZABlAG8ALwAxADUANQA5ADYAMgAwADQALwA.&URL=http%3A%2F%2Fwww.wral.com%2Fnews%2Fstate%2Fnccapitol%2Fvideo%2F15596204%2Fhttp://www.eeoc.gov/eeoc/newsroom/wysk/enforcement_protections_lgbt_workers.cfmhttp://www.eeoc.gov/eeoc/newsroom/wysk/enforcement_protections_lgbt_workers.cfmhttp://www.eeoc.gov/eeoc/newsroom/wysk/enforcement_protections_lgbt_workers.cfmhttp://www.eeoc.gov/eeoc/newsroom/wysk/enforcement_protections_lgbt_workers.cfmhttps://www.piratemail.ecu.edu/owa/redir.aspx?SURL=rQQZ0HHHv76sNZjTQr41trCHS3JD3VgOHdJokbrHQiBAOb2aTFbTCGgAdAB0AHAAOgAvAC8AdwB3AHcALgB3AHIAYQBsAC4AYwBvAG0ALwBuAGUAdwBzAC8AcwB0AGEAdABlAC8AbgBjAGMAYQBwAGkAdABvAGwALwB2AGkAZABlAG8ALwAxADUANQA5ADYAMgAwADQALwA.&URL=http%3A%2F%2Fwww.wral.com%2Fnews%2Fstate%2Fnccapitol%2Fvideo%2F15596204%2Fhttp://www.ncleg.net/Sessions/2015E2/Bills/House/PDF/H2v4.pdf


6/18


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8/18

UNC Charlotte Faculty Council Draft Resolution

A RESOLUTION AFFIRMING THE DIGNITY OF LESBIAN, GAY, BISEXUAL, AND

TRANSGENDER PEOPLE AND CALLING FOR THE REPEAL OF SESSION LAW2016-3/HOUSE BILL 2

WHEREAS, on February 22, 2016, the Charlotte City Council demonstrated admirableleadership by approving a local ordinance that adds marital status, familial status,sexual orientation, gender identity, and gender expression to its list of categoriesprotected from discrimination in city contracting and public accommodations; and

WHEREAS, on March 23, 2016, in response to the Charlotte ordinance, the NorthCarolina General Assembly in special session ratified, and Governor Pat McCrorysigned, House Bill 2 (Session Law 2016-3), the Public Facilities Privacy & Security Act;

and

WHEREAS, House Bill 2 appears to repeal the Charlotte ordinance by establishing newstatewide standards for what constitutes discriminatory practice in employment andpublic accommodations; and by establishing new statewide requirements for bathroomsand changing facilities in all public agencies, including schools; and

WHEREAS, the omission of sexual orientation, gender identity, gender expression, andother categories from the statewide list of categories protected from discriminationmeans that not only do protections on these bases appear to be unavailable under statelaw, but further, that local governments appear to be preempted from offering theseprotections to their residents; and

WHEREAS, the legislation also appears to eliminate the right of any person to bring acivil action in a North Carolina court for a claim of discrimination in employment or publicaccommodations on account of race, religion, color, national origin, age, or biologicalsex (as well as handicap for employment only); and

WHEREAS, by enacting House Bill 2, our state’s political leaders have restricted thelegislative authority of local governments, and have used the laws of the State of NorthCarolina to codify discrimination and division rather than to advance the civil rights anddignity of North Carolinians; and

WHEREAS, the legislation, its brief twelve-hour legislative history, and lawmakers’public statements clearly demonstrate a discriminatory intent; a lack of knowledge andunderstanding of the experiences of transgender people; and a lack of respect for thedignity of lesbian, gay, bisexual, and transgender (LGBT) people on the part of theGeneral Assembly and Governor McCrory; and


9/18

WHEREAS, UNC Charlotte is a public institution of higher learning dedicated to theprinciples of equality, nondiscrimination, and full inclusion of students, staff, faculty, andadministrators;

NOW, THEREFORE, BE IT RESOLVED:

SECTION 1. The Faculty Council of UNC Charlotte supports the protection andadvancement of the constitutional rights and equitable treatment of all persons in ouruniversity community and reaffirms our opposition to discrimination, prejudice,homophobia, and transphobia.

SECTION 2. The Faculty Council of UNC Charlotte urges the North Carolina General Assembly to repeal House Bill 2 immediately..This the 21st day of April, 2016.


10/18

Resolution 2016-08. On Affirming the University of North Carolina at Chapel Hill’s

Current Non-Discrimination Policy and Calling for the Repeal of N.C. Sess. Laws 2016-3.

The General Faculty resolves:

The faculty of the University of North Carolina at Chapel Hill affirms and recognizes theUniversity’s Policy Statement on Non-Discrimination (as revised October 2, 2015) as in full

force and effect, and urges the North Carolina General Assembly and the Governor of North

Carolina to repeal N.C. Sess. Laws 2016-3.

Comment: UNC-Chapel Hill is a world-class research university that serves the

people of the State of North Carolina by attracting and retaining the very best

faculty, staff, and students from around the state, the country, and the world. The

provisions of the recently passed House Bill 2 (HB2) purport to “supersede and

preempt any ordinance, regulation, resolution, or policy” ( N.C. Gen. Stat. § 143-

422.2 as amended by Sess. Laws 2016-3) concerning discrimination in employmentand contracting that exists in a unit of local government or political subdivision of

the State, and therefore appear to be inconsistent with UNC-CH’s current non-

discrimination policy, which is “not to discriminate on the basis of age, color,

disability, gender, gender expression, gender identity, genetic information, national

origin, race, religion, sex, sexual orientation or veteran status.” Nullification of non-

discrimination policies in municipalities surrounding UNC-CH would make our

mission and interests impossible. Therefore, repeal of HB2 is the only possible

course of action if the State of North Carolina will continue to maintain its world-

class university. The text of the current policy on non-discrimination is posted at

http://policies.unc.edu/policies/nondiscrim/ .

Submitted by Profs. Hassan Melehy and Paul Jones

http://policies.unc.edu/policies/nondiscrim/http://policies.unc.edu/policies/nondiscrim/http://policies.unc.edu/policies/nondiscrim/


11/18

FS Resolution #050416-04

Resolution to Reaffirm University Non-Discrimination Policies and Endorse UNCFaculty Assembly Resolution 2016-01, "On Legislative Abrogation of UniversityResponsibilities"

Presented by Anne Wallace, John Lepri, and Spoma Jovanovic

WHEREAS, the UNCG Policy on Discriminatory Conduct states that "UNCG iscommitted to equal opportunity in education and employment for all persons and willnot tolerate any discrimination against or harassment of persons on the basis of race,color, religion, sex, sexual orientation, gender identity, national origin, politicalaffiliation, genetic information, veteran status, disabling condition, or age," and

WHEREAS, the UNCG Policy on Sexual Discrimination opens with the declaration that

"Sexual harassment and discrimination are illegal and endanger the environment oftolerance, civility, and mutual respect that must prevail if the University is to fulfill itsmission," and

WHEREAS, the UNC Faculty Assembly's Resolution 2016-01 affirms the commitment ofthe University of North Carolina to non-discrimination, stating that "Discriminationagainst students, staff, faculty, and administrators for reasons 'not relevant to validUniversity decision making' (UNC Code 101.3.III.B), including 'race, color, religion, sex,sexual orientation, gender identity, national origin, age, disability, genetic information,or veteran status' (UNC Code 103), is antithetical to the freedoms required for the

pursuit of academic excellence, may entail biases prohibited by due process provisionsin University employment and reappointment decisions (UNC Code 101.1.604.B), andcompromises the public mission of the University," and

WHEREAS, North Carolina Session Law 2016-3, commonly known as "House Bill 2,""will vacate many of the essential protections of the University Code, and authorizesnewly defined forms of discrimination against some members of the Universitycommunity" (UNC FA Resolution 2016-01), therefore,

BE IT RESOLVED, That the Faculty Senate of the University of North Carolina atGreensboro affirms its continued commitment to the non-discrimination policies ofUNCG and of the University of North Carolina, and endorses the UNC FacultyAssembly's Resolution 2016-01, "On Legislative Abrogation of UniversityResponsibilities.

BE IT FURTHER RESOLVED, That we commend all efforts by Chancellor Franklin D.Gilliam and other members of the UNCG community to uphold the integrity of ouruniversity mission and its ongoing commitment to non-discrimination.


12/18


13/18


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15/18

Motion 2016-04-M01

Title: Resolution on Affirming the University of North Carolina’s Current Non-

Discrimination Policy and Calling for the Repeal of N.C. Sess. Laws 2016-3

Status: Passed on April 19, 2016

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16/18

Resolution against North Carolina House Bill 2 and in support of the current Western Carolina

University Policy #10 on Non-Discrimination and Equal Opportunity

Whereas, North Carolina House Bill 2 [1] states that Public agencies shall require every multiple-occupancy bathroom or changing facility to be designated for and only used by persons based on their

biological sex; and

Whereas, North Carolina House Bill 2 defines biological sex as “The physical condition of being maleor female, which is stated on a person's birth certificate;” and

Whereas, North Carolina House Bill 2 excludes sexual orientation, gender identity, gender expression,

and veteran status in the regulation of discriminatory practices; and

Whereas, gender identity and gender expression are not reducible to biological sex as listed on birthcertificates; and

Whereas, The U. S. Employment Non-Discrimination Act of 2013 prohibits covered entities

(employers, employment agencies, labor organizations, or joint labor-management committees) fromengaging in employment discrimination on the basis of an individual's actual or perceived sexual

orientation or gender identity; and

Whereas, The U. S. Equal Employment Opportunity Commission [2] considers it discriminatory todeny an employee equal access to a common restroom corresponding to the employee's gender identity;

and

Whereas, transgender youth have a high suicide rate that is exacerbated by lack of access to bathroomfacilities corresponding to their gender identity [3] and has been apparently exacerbated by House Bill

2 [4]; and

Whereas, North Carolina may lose considerable economic benefits including the possible loss offederal funds due to violations of Title IX of the Education Amendments of 1972 and/or Title VII of

the Civil Rights Act of 1964; and

Whereas, Western Carolina University, as an institution claiming a core value of cultural diversity andequal opportunity, has a moral mandate to protect our entire community; and

Whereas, the current climate calls for a reaffirmation of our respect for all members of the Western

community, regardless of gender identity or expression, and of our desire to attract and retain qualityfaculty, staff and students, regardless of gender identity or expression; and

Whereas, the implications of the combination of HB2, Executive Order No. 93 and pending challenges

in the courts are less than clear; and

Whereas, the U.S. Court of Appeals for the 4th Circuit deferred to the U.S. Education Department’s position that transgender students should have access to the bathrooms that match their gender

identities rather than being forced to use bathrooms that match their biological sex.

Whereas, the chorus calling for the repeal of House Bill 2 includes not only academic institutions,university faculties and regional chambers of commerce, but also relevant medical professionals [5], at


17/18

least one legislator who voted for it and the President of the United States;

Therefore, Be It Resolved That

The Faculty Senate recommends that sexual orientation, gender identity, gender expression, andveteran status continue to be included as protected classes in the Western Carolina University Policy

#10 on Non-Discrimination and Equal Opportunity, as quoted here:

Western Carolina University (the “University”) is committed to the principle that admission to,

employment by, and promotion in the University should be based on merit. The University

prohibits unlawful discrimination based on arbitrary considerations of such characteristics as

race, color, religion, sex, sexual orientation, gender identity or expression, national origin, age,

disability, genetic information, and veteran status, consistent with applicable federal, state and

local laws, regulations, and policies, and the policies of The University of North

Carolina. Additionally, the University promotes the realization of equal employment

opportunity for minorities, women, persons with disabilities, and veterans through its

affirmative action program.

And Be It Further Resolved That,

The faculty of Western Carolina University calls for the repeal of this statute.

1. House Bill 2

2. U.S. Equal Employment Opportunity Commission, “What You Should Know About EEOC and the

Enforcement Protections for LGBT Workers,”

3. Kristie L. Seelman, “Transgender Adults’ Access to College Bathrooms and Housing and theRelationship to Suicidality”, Journal of Homosexuality, Feb. 25 (2016).

4. Colin Campbell, “Transgender suicide hotline reports spike in calls following House Bill 2,” The News & Observer , Apr. 20, 2016.

5. Eric Frederick, “NC pediatric specialists say HB2 ‘flawed’ and ‘harmful,’ call for repeal,” The News

& Observer , Apr. 18, 2016.


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WSSU ENDORSEMENT OF UNC FACULTY ASSEMBLY RESOLUTION 2016-1

Ludovic M. Kovalik, Chair, WSSU Faculty Senate, reported that on 14 April 2016

the WSSU Senate approved an endorsement UNC Faculty Assembly Resolution2016-1.

Stephen Leonard

Chair, UNC system Faculty Assembly