September 22, 1994: Vol26n3: A Letter from President Greiner

Editor's Note: Following is an Aug. 1 letter by President William R.
Greiner to administrators and deans on the subject of military
recruiting at UB.

"As you know, State University is operating under an injunction handed
down by the Supreme Court of the State of New York, in and for the
County of New York, in the case of Doe v. Rosa et al.:
	"The State University of New York is enjoined from providing
services, including but not limited to allowing access to its
recruitment facilities and services, to any employer that
discriminates on the basis of sexual orientation."
	As a consequence of the court judgment and acting under
existing federal law, the military services have formally inquired
whether SUNY has a policy of barring military recruiters from its
premises or property.
	Interim Chancellor Burke has advised the Army and the Air
Force that the State University of New York does not have such a
policy.  Dr. Burke indicated that, although SUNY is prohibited from
providing the military with access to employment recruitment
facilities and services, the judgment does not alter general access to
public forums, to campus facilities under SUNY's use of facilities
policy, and to student directory information as defined by the Family
Educational Rights and Privacy Act (FERPA).  Dr. Burke has also
distributed a memorandum to SUNY presidents which provides further
guidance on such access.  As suggested in that memorandum, I am
issuing the following supplemental guidelines.
	SUNY and UB policy calls for us to maintain a campus open to
all ideas and behaviors which are not unlawful; State and SUNY and UB
policy calls for us to treat all people on the basis of their
performance, and not on the basis of characteristics such as race,
gender, or sexual orientation.  I believe that all members of our
academic community embrace, endorse, and vigorously support these
policies.  Personally, I believe that the Governor's Executive Order
28 is entirely appropriate policy for the executive branch and is
entirely consistent with the values of our academic community.
	To some extent, however, the injunction intrudes on SUNY and
UB policy, and on academic values, insofar as it extends an executive
order of the Governor to constrain the behaviors of others, and
specifically the military services, by limiting certain of their
access to our campus community.  We will observe punctiliously the
injunction, but we will work within its letter to also preserve access
to our community and free expression on our campus.
	I read the injunction to require that our Career Planning and
Placement services and facilities not be made available to third party
employers who discriminate on the basis of sexual orientation.
Accordingly, Dr. Palmer will see to it that we are in compliance with
that mandate.  However, Career Planning and Placement will continue to
provide directly to students all services to which they are entitled,
including responding to their requests for information regarding
career opportunities in the military services, and we will provide to
the military services such information as individual students ask be
provided, and which is normally provided at student request. We will
provide directly to the military services any and all information,
materials, or services which state or federal law requires us to
provide.
	Mr. Wagner will also see to it that we are in compliance with
the injunction.  However, upon request from the military services,
including the recruitment commands, he will see to it that they may
have such access to the campus, including its buildings and grounds,
as are normally provided to third parties under SUNY and UB policies.
	I do not read the injunction to require us to censor or
otherwise impede first amendment rights of any person or institution.
Accordingly, we will make available to the campus community, on the
same basis as is done for any other third party, posters, databases,
library materials, and any other print or electronic media sources of
information provided by the military services, for any purpose.
	In general, then, and except for our career guidance and
placement facilities, the military services and members of the
military services shall be accorded access to our campus and its
buildings and facilities consistent with SUNY and State policy, on the
same basis as access is accorded to all other third persons who have
legitimate reasons for being on campus and using facilities such as
classrooms, libraries, and public spaces.
	If you need further guidance on this, I will be happy to
assist you, but please proceed immediately to implement these
instructions.
Sincerely,
William R. Greiner
President