The Tufts Community Union Judiciary (TCUJ) ruled yesterday that Tufts Christian Fellowship's (TCF) exclusion of senior Julie Catalano from a leadership position because of her sexual orientation violated Tufts' non discrimination policy.
The TCUJ found that TCF discriminated against Catalano by holding her to different standards than a heterosexual senior leader but allowed the group to remain a recognized student organization. In a complex, multi-tiered ruling, the TCUJ maintained that University policy allows groups to select leaders according to beliefs and recommended that Tufts rewrite its discrimination policy if it intends for it to cover acceptance of one's sexual orientation.
"As long as their beliefs are held across racial, sexual, or religious boundaries, then it's all right. If the belief is applied equally to everyone, then it can be as morally corrupt as they want it to be, according to Tufts policy," TCUJ member Eric Krause said.
TCUJ members maintained that ambiguous wording in Tufts' nondiscrimination policy is what prevented them from making a broader statement on the issue and maintained that they did not avoid making a controversial ruling. "I don't think we skirted around anything. I think if anything, Tufts policy is what's skirting around," TCUJ member Alison Clarke said. "I think if anything, this decision shows that Tufts needs to clarify its policy before someone else gets hurt."
TCF was placed on probation until the end of this academic year. It must now revise its constitution to clarify the leader selection process and role of its national organization, InterVarsity Christian Fellowship (IVCF). Any further violation during the probation period will result in automatic de-recognition of the group.
The TCUJ did not stipulate exactly what TCF's new constitution must include, saying only that it must comply with University policy. According to Clarke, if TCF were to rewrite its constitution to say that students cannot be leaders if they believe that homosexuality is acceptable and apply that standard consistently, then it would not violate the nondiscrimination policy.
"Tufts policy doesn't protect beliefs," TCUJ member Mike Ferenczy said.
During the hearing, which was closed at Catalano's request, a former TCF leader testified that it did not matter to him whether Catalano practiced her sexual orientation. Despite not agreeing with TCF's stance on practicing homosexuality, this person was allowed to continue his leadership role in TCF. The TCUJ said that these statements were the foundation for their decision, as they show that the discrimination against Catalano was based not on her acceptance of homosexuality, but on her homosexual actions themselves.
The TCUJ found that the discrimination occurred when TCF violated its own doctrine - that acceptance of homosexuality is not permissible - by allowing the accepting heterosexual leader to remain when Catalano, a practicing homosexual, was denied.
"If the two had been treated the same way, it would have complied," Clarke said.
Additionally, the TCUJ found that TCF advisor and Tufts affiliate chaplain Jody Chang was improperly involved in the exclusion of Catalano from a leadership position in the group. Catalano filed her complaint after Chang told her that TCF's national organization, IVCF, would not allow her to hold a leadership position. Because the charges were filed before the TCF became involved in the situation, the TCUJ said that the TCF's subsequent decision to deny Catalano a leadership position was influenced by media attention and other outside forces, and ruled unanimously that TCF did not intend to discriminate against her.
"Sexual orientation is a really gray area of where it becomes belief and where it becomes orientation," Krause said. "This decision was definitely not cut and dry."
These circumstances, coupled with the TCUJ's desire to maintain diversity on campus, led to a mitigated punishment. In the decision, the group states, "TCF is an important group that, in keeping with the spirit of Tufts University, deserves to remain on campus.... At this time, the TCUJ feels that de-recognition would have more negative repercussions than positive ones. It would be unfair to punish an active group of more than seventy members because of the actions of a few individuals, all of whom no longer represent TCF."
However, both Catalano and members of the Lesbian, Gay, Bisexual, Transgendered (LGBT) community feel that Tufts' policy is very straightforward, and they criticized the TCUJ for not taking a strong stance against discrimination. "I think it's a sad and limited interpretation of the anti-discrimination policy, and I think it opens up the campus to the danger of future discrimination," Catalano said. "TCF allowed me to lead as a lesbian as long as I was self-hating and praying to be straight. The Judiciary, in their decision, has just justified that."
"Everybody thinks the policy is clear, and now because of this decision, the policy is going to become vague and able to be manipulated by groups at their will," said Tufts Transgendered Lesbian Gay Bisexual Collective (TTLGBC) co-coordinator Michael Lambert. "The implication is that the nondiscrimination policy is now negotiable when it needs to be absolute."
Catalano said that she will not appeal the ruling and does not plan to take any further action on this issue. However, the LGBT community is not done fighting, and TTLGBC met late last night to discuss the plan what to do next. "We don't plan on taking this lying down. We believe that discrimination is extremely serious, and this ruling does not do justice to our community," Lambert said.
"We're just waiting for the 'TCUJ is not safe' chalkings," Krause said
TCF senior leader Jonathan Crowe, who presented the group's case along with Nicole Monnell, feels that the TCUJ erred in its interpretation of the leader's testimony but that the decision was fair nonetheless. "I think the substance of the ruling is in our favor. We were found innocent of the specific charge against us," he said. "It's clear the J misinterpreted the evidence but upheld religious freedom....This ruling has made it clear that religious groups have the right to use religious beliefs when selecting leaders."
The ruling was the TCUJ's second attempt to reach a decision on the issue. It ruled last April to de-recognize TCF after finding that Catalano was discriminated against because of her sexual orientation. However, that ruling was vacated by Committee on Student Life, who said that the TCUJ followed improper procedure in the original hearing. Herzog, who is one of two TCUJ members to take part in both decisions, called that decision was a hasty one, saying that it was based on Catalano's welfare and not evidence of discrimination.
TCUJ members emphasize that their decision was based strictly on Tufts policy as written and is in no way an endorsement of TCF's views on homosexuality. "Not a single one of us are personally condoning this. My personal beliefs do not hold true to this, but my role as a J member is to uphold Tufts policy, and right now Tufts policy isn't clear enough," Clarke said. "The unanimous decision on every single motion proves that we did the right thing."
During preparations for the new hearing, a complaint was raised by TCF that TCUJ member Mike Ferenczy would not be impartial in his ruling because he lived with Catalano over the summer. However, the TCUJ voted unanimously not to recuse Ferenczy, saying that he had entered into the housing arrangement without being aware that he would be living with Catalano and that his friendship with her would not influence his decision.
The full text of the ruling is posted on www.tuftslife.com.
