A referendum supporting an amendment to add more inclusive nondiscrimination language to the Tufts Community Union (TCU) constitution did not appear on the ballot during Wednesday's election, despite the efforts of a sophomore senator sponsoring an initiative to place it there.
The referendum proposed the addition of the phrase "gender identity/expression" to two clauses in the TCU constitution that prohibit discrimination by recognized student organizations.
The Pachyderm, Tufts' student handbook, already condemns harassment based on "race, religion, gender identity/expression, ethnic or national origin, gender, sexual orientation, disability, age, or genetics."
Ryan Heman, the sophomore senator who spearheaded the referendum effort, feels the addition is necessary because he wants the TCU to catch up to official university policy as expressed in the handbook.
"We feel that basically a more inclusive nondiscrimination policy is always a good thing, and the students should always be more progressive than the university itself," said Heman, who serves as the co-chair of the Senate's Culture, Ethnicity and Community Affairs Committee. "Even though the university policy does kind of supercede the TCU constitution, we feel … that if there is a non-discrimination policy, it should be as inclusive as possible."
Heman, who was the LGBT Center's liaison to the Senate last year, and two other students, senior Evan Woods and sophomore Thomas Mann, wrote letters to the Senate proposing the new policy language before officially submitting the referendum to the Committee on Student Life (CSL) on Aug. 31.
In order to be eligible for placement on a campus-wide ballot, proposed referendums must have three sponsors and 250 signatures. In addition, the proposal requires approval from both the CSL, which decides whether it is in line with university policy, and the TCU Judiciary (TCUJ), which rules on whether the wording is fair. The Elections Commission then conducts an official vote on the referendum.
The TCUJ approved the language on Sept. 5, but members of the CSL indicated they would need to consult the entire committee before approving policy language.
According to CSL Co-Chair Calvin Gidney, an associate professor of child development, the committee decided not to review the language because they did not have a full group of students and professors. Until last week, three seats remained vacant; two have since been filled.
Heman admitted that it is "a little weird to be pushing something forward" so early in the semester, but said that "there is no discussion to be had" about what he calls a no-brainer language change. He said the CSL did not take the time to realize this.
"It kind of reflects badly on the priorities of the university that the LGBT community, the TCUJ, Tufts' Election Commission and even the student body were mobilized behind this issue and in the end the CSL decided to shut it down," Heman said. But he added that he did not think there was any "malicious intent."
"We're not trying to accuse the CSL of being outwardly malicious or outright disrespecting the LGBT community. … Nonetheless, the fact that the CSL couldn't manage to approve pre-approved language, fully knowing that all we needed was their go-ahead, is just part of a trend of the administration disrespecting and ignoring the needs of LGBT students," Heman later added in an e-mail.
Heman said the current clauses in the TCU constitution apply to sexual orientation but do not cover gender identity and expression, terms that apply to those who do not associate with either gender.
Gidney declined to comment on the proposed language itself but insisted the CSL would give it a "fair and unbiased hearing."
The constitution allows for referenda to be put up for election at any point during the semester, but decisions on amendments to the constitution require a mandatory turnout of at least 25 percent of the student body, a number typically only seen during senatorial elections in September and April.
If proponents of the initiative were able to publicize it on a large scale, Gidney said it is "in the realm of possibility" that the referendum could receive enough votes at some point during the semester.
The referendum will likely be postponed until the spring elections, according to Heman. Even more inclusive policy language will be built in before then, he said.
Senator Chas Morrison, a sophomore, suggested adding "political affiliation" to the nondiscrimination clauses.
"It would have been great to have a vote," Morrison said, but he added that the delay may facilitate a more comprehensive amendment to the constitution.
