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UCLA not among law schools banning recruiters

By Emily Inouye

May 5, 2005 9:00 p.m.

Thirty law schools have joined together in a lawsuit against the
Department of Defense, but UCLA is steering clear of the fray.

The lawsuit addresses the Solomon Amendment, which allows the
federal government to withhold funding from schools that restrict
military recruiters’ access to their campus. These law
schools, part of the Forum for Academic and Institutional Rights,
Inc., have refused to allow recruiters onto their campus based on
what the schools deem discriminatory practices against gays and
lesbians in the military.

The military has a “don’t ask, don’t
tell” policy that gay and lesbian members of the military
will be removed from the service if they are open about their
sexual preference.

The UCLA School of Law has refrained from joining the other
schools because the policy of the University of California as set
forth by the regents has prevented them from taking any action.

“If the employers’ actions are not illegal, then
they must have access,” said Anne Greco, the senior writer
for the School of Law’s Department for External Affairs.
“We at the law school here disagree with the military’s
discriminatory practices … but we must allow them
access.”

In the 1970s, the law school required that employers not
discriminate on certain grounds, including sexual orientation, in
order for them to have access to the campus and students.

But former UC President David Gardner released a statement in
1984 stating that the official policy of the UC was only to exclude
groups that were performing illegal actions, which does not include
the Judge Advocate General military recruiters at the law
schools.

“We have a policy at the law school that is currently in
opposition to what JAG believes their policy to be,” Greco
said. “Our concern is specifically on discrimination; we do
recognize the value and importance of military service.”

Because of the UC policy, recruiters in the area said they have
never had any real problems gaining access to the campus and to
students.

“UCLA complies with the Solomon Amendment, and it provides
us with lists in accordance with the amendment,” said Major
Michael Berry, the admissions and recruiting officer for UCLA Army
ROTC.

Berry said that he uses the lists of student names and select
information to contact them to see if they would be interested in
joining the ROTC program.

Other recruiters who work in stations in the greater L.A. area
don’t necessarily have the same access to such information,
but they said they have never had an issue dealing with UCLA.

“We have never had any problems with the campus,”
said Staff Sgt. Harold Randolph, Jr. who works at the Santa Monica
Recruiting Station.

The school treats the recruiters as if they are representatives
of a company and allows them the same benefits and access.

“We do set up at career fairs,” Randolph said.
“We just go through the career center the same as every other
corporation, and we pay for a booth spot.”

Captain Manuel Hernandez, the Coastal Recruiting Company
commander, said that there have been no direct problems with UCLA,
but he said it is apparent that the campus is liberal in its
political viewpoints.

“I’ve been told in the past that certain faculty
members have mentioned that recruiters are only there because the
law allows them to be,” Hernandez said.

Hernandez added that he was actually glad that the Supreme Court
would be hearing the case, FAIR vs. Rumsfeld. The last court ruling
for the case in the Third U.S. Circuit Court of Appeals in November
found that the Solomon Amendment did violate free speech
rights.

By bringing the case to the Supreme Court, this decision may be
overruled.

“I think the fact that the Supreme Court wants to hear
this case is a good thing,” Hernandez said. “It means
they will overturn the ruling and the Solomon Amendment will
hold.”

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