CMS-Implementation of a Data Collection Survey to Include Self-Identification of Lesbian, Gay, Bisexual, Transgendered (LGBT), and Disability Status

AS-3077-12/APEP

RESOLVED: That the Academic Senate of the California State University (ASCSU) request that the Common Management System (CMS) include a data collection survey, administered after admission and before enrollment, to request: self-identification of disability status as well as Lesbian, Gay, Bisexual and Transgendered status; and be it further

RESOLVED: That the ASCSU align itself with, and appreciate the Legislature’s acknowledgement
of the significance of the collection of LGBT status (e.g., Assembly Bill 620 [Block]) in assessing the needs for and adequacy of services provided; and be it further

RESOLVED: That the ASCSU encourage the Office of the Chancellor to pursue efficiencies in tying (a) the CMS modifications required to collect data on self-identified student disability and LGBT status with (b) the opportunity to collect data on emergency contact information and permission for parent advocacy.

RESOLVED: That the ASCSU distribute this resolution to the Chancellor, Campus Presidents, Campus vice-presidents of Student Affairs, Campus equity and diversity officers, Campus senate chairs, Admissions Advisory Committee, and Services to Students with Disabilities Advisory Committee.

RATIONALE: The CSU has prided itself with strong performances in reaching out to under-represented groups of students and working on avenues of assistance and resources to address the Achievement Gap and the Graduation Gap. These effort
have primarily focused on ethnic and racial groups and students from firstgeneration
family backgrounds in terms of higher education and they have been rewarded with some areas of significant gains.

The California Postsecondary Education Commission (CPEC) had made such a recognition of the issue of LGBT students, who remain largely unknown elements in our campus student body, without any formal effort to self-identify them as a population which might need special services and recognition in order to be successful students and continue to graduation. Indeed most of the attention to this group of students is more likely to come from negative activities, even though campus responses to such events are generally very constructive. With the renewed emphasis on bullying, cyber bullying and the federal strengthening of Title IX, this is a critical time in which to begin collecting a formal data set that will allow our students to selfidentify as LGBT and/or as disabled at the point of registration for courses. We urge the CSU to join the University of California (UC) in collecting such data so that we can begin to assess our efforts in reaching this subgroup of students’ needs, with the goal of continually improving our efforts in higher education to build a civil, educated society. The legislative summary of AB 620 (Block) reads (from
http://www.aroundthecapitol.com/Bills/AB_620/20112012/ ):

AB 620 (Block)

Public postsecondary education: nondiscrimination and training: sexual
orientation, gender identity, and gender expression.

(1)Existing law, known as the Donahoe Higher Education Act, establishes he missions and functions of the state’s 3 segments of public postsecondary education, which are the University of California, the California State University, and the California Community Colleges. The provisions of the Donahoe Higher Education Act apply to the University of California only to the extent that the Regents of the University of California, by resolution, make them applicable.

Existing provisions of the Donahoe Higher Education Act require the Regents of the University of California, the Trustees of the California State University, and the governing boards of community college districts to adopt or provide for the adoption of rules and regulations governing student behavior, known as rules of student conduct.

This bill would request the Trustees of the California State University, the Regents of the University of California, and the governing board of each community college district to adopt and publish policies on harassment, intimidation, and bullying to be included within the rules of student conduct governing their respective segments of public postsecondary education. The bill would express the intent of the Legislature that rules and regulations governing student conduct be published, at a minimum, on the Internet Web sites of each public postsecondary educational campus and as part of any printed material covering those rules and regulations within the respective public postsecondary education systems.

(2)The Equity in Higher Education Act, a part of the Donahoe Higher Education Act, provides that it is the policy of the state to afford all persons, regardless of disability, gender, nationality, race or ethnicity, religion, sexual orientation, or other specified bases, equal rights and opportunities in the postsecondary educational institutions of the state. For these purposes, the act defines “gender” to include gender identity.

This bill would revise the definition of gender to include “gender expression” for purposes of the Equity in Higher Education Act. The bill would request the Trustees of the California State University, the Regents of the University of California, and the governing board of each community college district to designate an employee at each of their respective campuses as a point of contact to address the needs of lesbian, gay, bisexual, and transgender faculty, staff, and students. The bill would request each segment to collect aggregate demographic information regarding sexual orientation and gender identity of staff and students within other aggregate demographic data collected, and would require annual transmittal of any report to the Legislature, as specified, and posting of the information on the Internet Web site of each respective institution.

The bill would encourage the Legislative Analyst to conduct an assessment of the campuses of each of the segments of public postsecondary education to develop recommendations to improve the quality of life on those campuses for lesbian, gay, bisexual, and transgender faculty, staff, and students, and to publish a summary of those recommendations on its Internet Web site.

The bill would make various conforming changes to existing ondiscrimination
laws affecting postsecondary educational institutions and programs, and
requirements related to reporting hate violence, as defined, to additionally
include sexual orientation, gender identity, and gender expression within the
scope of those programs and requirements.

The issue of disabled students has been more difficult to address, given both the shortage of federal funding but not of federal mandates and the fact that many community colleges have responded to severe budget cuts by having only those students who could pay for their own independent assessment of their disability, particularly in the area of learning disabilities, receive services. Thus a student’s prior experience may make them reluctant to actually seek the services of Disabled students, fearing rejection or stigma.

The implementation of self-identification of LGBT status allows us the opportunity to also establish a process to collect data on self-identified “disability” status. Both groups are less likely to be provided with support services without self-identification but for whom prior experiences may make them hesitant to make the initial contact prior to admission to their new academic home campus. Our request regarding the identification of LGBT status, in part, parallels that adopted by the UC system which provides the opportunity for students, staff, and faculty to report their sexual orientation and gender identity on forms used to collect demographic data. For students in the UC, Board of Admissions and Relations with Schools (BOARS) and University Committee on Affirmative Action and Diversity (UCAAD) have decided to collect this data on intent to register forms only completed by matriculated students.

Approved Without Dissent – May 3-4, 2012