- Joined
- Oct 7, 2012
- Messages
- 41,071
VCU fires volleyball coach after 25-6 season, because he's gay.
http://espn.go.com/college-sports/story ... -fired-gay
http://espn.go.com/college-sports/story ... -fired-gay
DukeNukem05
All American
- Joined
- Oct 10, 2012
- Messages
- 7,904
Sexual orientation is not exactly a protected class in the eyes of federal law. Not sure what relevant laws may be out there in VA, but I wouldn't go so far as to say it's not allowed.rhfarmer said:
rhfarmer
Legend
- Joined
- Oct 8, 2012
- Messages
- 14,710
I think sexual orientation is protected for the state school system. The reason I think this is because when Bob McDonnell (Christian right Republican) was elected Governor of Virginia, he instructed he AG (Ken Cuccinelli, also Christian right republican) to have the sexual orientation protection struck from UVa's hiring guidelines. I would imagine that all of the public universities in Va have similar hiring practices/guidelines. FWIW, the chancellor at Uva told McDonnell to go fuck himself.
rhfarmer
Legend
- Joined
- Oct 8, 2012
- Messages
- 14,710
From Wiki:
Gay rights
On March 4, 2010, one month after Governor Bob McDonnell issued an Executive Order which did not include protections for gays and lesbians employed by the Commonwealth, Cuccinelli issued a letter to Virginia's public colleges and universities that said, in part, "It is my advice that the law and public policy of the Commonwealth of Virginia prohibit a college or university from including 'sexual orientation,' 'gender identity,' 'gender expression,' or like classification as a protected class within its non-discrimination policy absent specific authorization from the General Assembly,"[25] He then advised that the schools should "take appropriate actions to bring their policies in conformance with the law and public policy of Virginia."[26] According to the Washington Post, "leaders of academia attacked the state directive on several fronts"[27] including criticisms from the American Association of University Professors and Cuccinelli's own alma mater, the University of Virginia.[27]
On March 10, 2010, McDonnell issued Executive Directive One (a statement of executive policy) to all state agency heads directing them not to fire employees based on sexual orientation.[28] Despite the controversy, Cuccinelli stood by his letter, saying state universities are governed by the Dillon rule and had inadvertently circumvented state law.[29] In a letter written to the University of Virginia community (Cuccinelli's alma mater), state senators Creigh Deeds, Mark Herring and Ralph Northam pointed out that McDonnell's directive was only a directive and did not "carry any weight of law" and would still prevent students or employees "who are discriminated against because of their sexual orientation" from seeking "a course of action". They further added, "the University of Virginia is more than capable of deciding what policies advance its mission, and should do so without meddling from Attorney General Cuccinelli."[30] The Washington Post also noted that the Directive was not "legally-binding".[31] Governor McDonnell stated in a subsequent interview that though he supported the acknowledged the legal reasoning of Cuccinelli's letter, he would not permit colleges or other state agencies to practice discrimination on the basis of sexual orientation. Despite Cuccinelli's lack of support on college campuses, support came to him through other groups: the Family Foundation of Virginia emailed supporters with the subject reading "AG Follows Law, Gets Ripped" opposed any push to have the legislature address the issue.[27]
So, the Universities themselves have the anti discriminatory hiring practices, and the AG attempted to force them to remove anti discriminatory language regarding sexual orientation as they are not a protected class under state law. So, it would remain to be seen if VCU violated it's own hiring/firing policies, but he who was fired would likely only have recourse in a civil trial.
Gay rights
On March 4, 2010, one month after Governor Bob McDonnell issued an Executive Order which did not include protections for gays and lesbians employed by the Commonwealth, Cuccinelli issued a letter to Virginia's public colleges and universities that said, in part, "It is my advice that the law and public policy of the Commonwealth of Virginia prohibit a college or university from including 'sexual orientation,' 'gender identity,' 'gender expression,' or like classification as a protected class within its non-discrimination policy absent specific authorization from the General Assembly,"[25] He then advised that the schools should "take appropriate actions to bring their policies in conformance with the law and public policy of Virginia."[26] According to the Washington Post, "leaders of academia attacked the state directive on several fronts"[27] including criticisms from the American Association of University Professors and Cuccinelli's own alma mater, the University of Virginia.[27]
On March 10, 2010, McDonnell issued Executive Directive One (a statement of executive policy) to all state agency heads directing them not to fire employees based on sexual orientation.[28] Despite the controversy, Cuccinelli stood by his letter, saying state universities are governed by the Dillon rule and had inadvertently circumvented state law.[29] In a letter written to the University of Virginia community (Cuccinelli's alma mater), state senators Creigh Deeds, Mark Herring and Ralph Northam pointed out that McDonnell's directive was only a directive and did not "carry any weight of law" and would still prevent students or employees "who are discriminated against because of their sexual orientation" from seeking "a course of action". They further added, "the University of Virginia is more than capable of deciding what policies advance its mission, and should do so without meddling from Attorney General Cuccinelli."[30] The Washington Post also noted that the Directive was not "legally-binding".[31] Governor McDonnell stated in a subsequent interview that though he supported the acknowledged the legal reasoning of Cuccinelli's letter, he would not permit colleges or other state agencies to practice discrimination on the basis of sexual orientation. Despite Cuccinelli's lack of support on college campuses, support came to him through other groups: the Family Foundation of Virginia emailed supporters with the subject reading "AG Follows Law, Gets Ripped" opposed any push to have the legislature address the issue.[27]
So, the Universities themselves have the anti discriminatory hiring practices, and the AG attempted to force them to remove anti discriminatory language regarding sexual orientation as they are not a protected class under state law. So, it would remain to be seen if VCU violated it's own hiring/firing policies, but he who was fired would likely only have recourse in a civil trial.
DukeNukem05
All American
- Joined
- Oct 10, 2012
- Messages
- 7,904
Yeah, that's sort of my point. It's a matter of the university system's policy, not a state law (you used the phrase "against the law"). That's a pretty interesting tidbit though about the VA governor. Executives always try to meddle with their orders.
rhfarmer
Legend
- Joined
- Oct 8, 2012
- Messages
- 14,710
Yeah, I copied that to show that I was mistaken, it wasn't a state law, but a practice adhered to by the state schools. I just remembered the dust up between UVA and the AG and assumed that it was over state law.
It would be hard to argue that firing someone because they were gay isn't discriminatory though.
It would be hard to argue that firing someone because they were gay isn't discriminatory though.
rhfarmer
Legend
- Joined
- Oct 8, 2012
- Messages
- 14,710
For some personal backstory. I watched three heats. The commentator, Todd Kline is an old friend of mine. In one of the heats, I watched an acquaintance, Fred Patacchia, who I met in Mexico, in a heat with Mark Occhilupo, who I've met a few times and is the same age as me, compete. In the next heat, I watched a pro from Hawaii who's father's art we sell in my store. And every heat has this personal intrigue for me, so it fires me up to watch this stuff.
And rarely, do you turn on a webcast and the lighting is just perfect, and the waves are big and glassy. And, yeah, pro's fall. Sunset is one of the trickiest waves to surf in the world, and there are people in the contest who may have never even surfed it before who are going to be in a heat against a high school kid from Pupukea who surfs there every day and it could literally be the highlight of his life to beat these guys who he has posters of on his bedroom wall.
I'm sure there is something in your life that you are this connected to and passionate about, and even if it does bore me, I would be more respectful to you.
And rarely, do you turn on a webcast and the lighting is just perfect, and the waves are big and glassy. And, yeah, pro's fall. Sunset is one of the trickiest waves to surf in the world, and there are people in the contest who may have never even surfed it before who are going to be in a heat against a high school kid from Pupukea who surfs there every day and it could literally be the highlight of his life to beat these guys who he has posters of on his bedroom wall.
I'm sure there is something in your life that you are this connected to and passionate about, and even if it does bore me, I would be more respectful to you.
Pantone287
Legend
- Joined
- Oct 7, 2012
- Messages
- 13,410
BTW, I thought it was freaking gorgeous. Thanks for posting.
rhfarmer
Legend
- Joined
- Oct 8, 2012
- Messages
- 14,710
