Research Administration Office

University of California

Memo Operating Guidance

No. 94-9

June 6, 1994

Subject: University Policy on Military Recruitment on Campuses

Attached is a copy of a memo from Assistant Vice President Dennis Galligani, Student Academic Services, which reiterates the University's policy which allows military recruitment on campuses. A copy of that policy is also attached.

In accordance with this policy, campuses may accept awards from the Army Research and Development Command Breast Cancer Research Program which include a certification which states that the recipient institution does not bar military recruiters from its premises. (Copy attached.) Other federal agency awards may, in the future, also contain similar certifications as the proposed reauthorization legislation for the National Science Foundation currently contains a similar requirement.

Refer: Samuela A. Evans

(510) 987-9849

Subject Index: 02, 10

Organization Index: F-220

David F. Mears

Director, Research

Administration Office

Attachments


May 25, 1994

PRINCIPAL ANALYST EVANS

Dear Samuela:

I am writing in response to your May 16 letter in which you request information as to whether we have any policy that would prevent a campus from signing a certification from the Army Research and Development Command staling, in effect, that the institution does not bar Army recruiters from the campus.

The University does not have a policy that would prevent awardees from signing such certifications. Quite to the contrary, the University of California has an established working policy that campus recruitment programs which are open to employers generally shall not exclude military recruiters or other employers because of practices that are not impermissible under law. Thus, any individuals who accept awards from the Army Research and Development Command may sign certifications that the University does not bar Army recruiters from campus, if required. I am enclosing a July 27, 1984 letter from then President Gardner to the Chancellors explaining the University's policy and the rationale for position taken by the University.

I hope this is useful. Please call me at 987-9518 if I can be of further assistance.

Dennis J. Galigani

Assistant Vice President

Student Academic Services

Enclosure

cc:

Provost Massey (w/enclosure)

Senior Vice President Kennedy (w/enclosure)

General Counsel Holst

Deputy General Counsel Morrison

Director Castillo-Robson

Director Perry

Principal Analyst Handel


CHANCELLORS

July 27, 1984

Dear Colleagues:

On June 17, 1983, the Board of Regents approved a policy statement which read, in part:

It is the intent and direction of the Board of Regents that the University's policy against legally impermissible, arbitrary, or unreasonable discriminatory practices shall be understood and applied so as to prohibit discrimination on the basis of sexual orientation. As specified in that policy, all groups operating under The Regents, including administration, faculty, student governments, University-owned residence halls, 'and programs sponsored by the University, are governed by this policy of nondiscrimination..[Emphasis added]

Current Department of Defense policy states that "homosexuality is incompatible with military service." Because of that policy, which has been unsuccessfully challenged in Court, homosexuals may not serve in the armed forces; nor will the armed forces recruit homosexuals. The Department has also issued a regulation which states that funds appropriated by the Department may not be used at' any institution of higher learning or a "subordinate element" of the institution "if military recruiting personnel are being barred by the policy of the institution from the premises of the institution."

You may remember that in February, 1984 I reported to The Regents on the implementation of the 1983 policy on sexual orientation. My report stated, in part, that the University policy permitting on-campus recruitment by military recruiters was not inconsistent with The Regents policy statement on sexual orientation. The Regents policy statement applies specifically to groups operating under The Regents and does not speak to the use of University facilities by groups or individuals not operating under The Regents. It was not the purpose of The Regents policy to establish employment criteria for third parties which exceed or are inconsistent with those otherwise provided under law. Beyond that, military recruiters are officials of the United States Government engaged in lawful pursuits as part of their official duty, and it would be inappropriate for the University to interfere with their recruitment activities.

Accordingly, campus recruitment programs which are open to employers generally shall not exclude military recruiters or other employers because of practices that are not impermissible under law. Placement centers may require employers to certify that in using University facilities they will not engage in discriminatory employment practices in violation of applicable federal or state law. A model statement of compliance appropriate for this purpose is attached.

Sincerely,

cc:

David Pierpont Gardner

Senior Vice President Frazer

General Counsel Reidhaar

Executive Assistant Copeland

Director Rogin


FROM UCSD OCGA

7. MILITARY RECRUITING

(DOMESTIC EDUCATIONAL INSTITUTIONS ONLY)

The recipient certifies by signature on the award document does not, and will not for at least the term of the award, bar military recruiting from its premises.

8. ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964.

The Regents of the Univ. of Calif.; Univ. of Calif., San Diego Name of Applicant) hereby agrees that it complies with Title VI of the Civil Rights Act of 1964 (P.L. 88-352). In accordance with Title VI of that Act, no person in the United States shall, on the ground of race, color, Or national origin, be excluded from participation in, be denied the benefits of, or otherwise subjected to discrimination under any program or activity for which the Applicant receives Federal financial assistance from the U.S. Government; and hereby gives assurance that it will immediately take any measures necessary effectuate this agreement.

This assurance is given in consideration of and for the purpose of obtaining any and all Federal grants, cooperative agreements, loans, contracts, property, discounts or other Federal financial assistance extended after the date hereof to the Applicant by the U.S. Government, including installment payments after such date on account of applications for Federal financial assistance which were approved before such date. This assurance is binding on the Applicant, its successors, transferees, and assignees, and the person or persons whose signatures appear below are authorized to sign this Assurance on behalf of the Applicant.

The Regents of the Univ. of Calif.; Univ. of Calif., San Diego

Signature and Title of Authorized Official:

Bettye H. Albritton, Contract and Grant Officer

Office of Contract and Grant Amin., 0934

University of Calif., San Diego

9500 Gilman Drive; La Jolla, CA 92093-0934

9. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS

(a) (1) The Offeror certifies, to the best of its knowledge and belief, that--

(i) The Offeror and/or any of its Principals--

(A) Are / / are not / / presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have / / have not / /, within a three-year period preceding this offer, been convicted of or had a