October 28, 2000 (UCOP) Minutes

ATTENDING

UC Berkeley
Bob Anderson
Billy Curtis
Jonathan Winters

UC Irvine
Kathy Eiler
Michael Houston
Pat Walsh

UC Riverside
Nancy Tubbs

UC San Diego
Sarah Archibald
Angela Barrett
John O. White

UC San Francisco
Shane Snowden

UC Santa Barbara
Maurice Hudson

UC Santa Cruz
Deborah Abbott
Chad Sanger

GUESTS
Joanne Keatley, UCSF
Lubbe Levin, AVP, UCOP Human Resources & Benefits
Dennis Galligani, Assoc. V. P., UCOP Student Academic Services
Steve Mathews, Deputy AVP, UCOP Office of Loan Programs

ABSENT:
UC Davis
UC Los Angeles
Lawrence Berkeley National Laboratory
Lawrence Livermore National Laboratory
Los Alamos National Laboratory

SPECIAL THANKS TO:
Emily Nalven, UCLGBTA
Michael Russell, UCLGBTA
AVP Lubbe Levin from UCOP Human Resources
Assoc. V.P. Dennis Galligani from UCOP Student Academic Services

FRIDAY, OCTOBER 28, 2000
MEETING with Lubbe Levin (Human Resources & Benefits)
Dennis Galligani (Student Academic Affairs) and
Steve Mathews (Loan Programs)

UCLGBTA has been recognized as an official advisory group to UCOP. UCLGBTA will educate and advise students, faculty and staff regarding LGBT issues. Focus includes policy and program development, climate assessment, and outreach.

Levin reviewed relevant sections of the Higher Education Employer-Employee Relations Act (HEERA) because it is important that all advisory groups observe the legal requirements established accordingly. To retain advisory group status, their activities may not conflict with the rights of employee organizations (unions) to represent employees in establishing terms and conditions of employment.

UCOP approved funds for a lap top computer that will be used by the Steering Committee Officers for official UCLGBTA business.

DOMESTIC PARTNER BENEFITS

Pension Benefits

Lubbe Levin stated that Judith Boyette and other key UCOP staff had presented information on benefits reforms to The Regents at their September meeting. The Regents asked for additional information, particularly related to potential financial impact. Human Resources and Benefits was asked to review all retirement benefits, including age factor analyses for presentation to The Regents during Winter or Spring 2001. University student enrollment and faculty growth are major resource matters of concern.

Mortgage Origination Program

During internal review of a draft action item containing many changes to the MOP and SHLP Loan Programs for the September 2000 Regents meeting, language that would have made changes and improvements to the Mortgage Origination Program related to employees with domestic partners was deleted in order to have all similar issues go to the Board at the same time. So, there remains a difference in survivorship rights between the spouse of an employee versus a domestic partner of an employee, if the employee dies. In the case of a spouse, the mortgage continues automatically, in the case of a domestic partner they must secure private financing. When other retirement-related changes applicable to domestic partners go back to The Regents for consideration, it is expected that this item will be covered. Other financial reforms to the MOP not related to domestic partners were approved at the September Regents meeting.

Expanded Benefits as Part of Open Enrollment

November 2000 Benefits have been expanded for same-sex domestic partners of University employees including:

• Dependent life insurance
• Legal Plan
• Accidental Death and Dismemberment insurance

These are employee paid benefits that do not increase cost to the University.

Family Medical Leave Act (FMLA)

The limitations of Federal requirements related to the FMLA and differences between academic and staff employees in the area of leaves was discussed.

There has been some research regarding whether FMLA federal language "in loco parentis", or "in the place of a parent" might apply to an employee who requests leave to take care of a domestic partners' child so long as the employee is fully responsible for the day-to-day care of the child. At this time, domestic partners are not included in the federal Leave Act.

It is the case that academics have been able to request and receive approval for leaves (paid or unpaid) to help take care of a domestic partner. Differences between academic and staff employees related to leaves were discussed. Academics and staff have different conditions of employment.

UCLGBTA asked UCOP to continue to help explore and identify options for staff employees with same sex domestic partners. There remain concerns regarding equity and a desire to address staff recruitment and retention issues.

Human Resource directors have expressed concern that a supervisor might be obligated to provide leave twice in a single year to an employee who requested unpaid leave under FMLA for a domestic partner and later asked for leave to take care of a parent or child in the household. The unlikeness of this occurring or being abused was raised to UCOP.
Requests for Review and Action

UCLGBTA asked that a policy interpretation memo regarding use of staff leave to tale care of a domestic partner (such as sick leave, bereavement leave, and personal leave of absence) be issued to Human Resource Directors at each campus. UCLGBTA also asked that the UCOP and campus Human Resources Web Sites be updated to include language that is inclusive of domestic partners to the greatest extent possible.

Lubbe Levin plans to revisit the issue of FMLA.

UCLGBTA asked that the Staff Personnel Policy Manual be revised to specifically include domestic partner and not just member of household where it appears. It may be the case that a domestic partner is not living in the same household, just as this is possible for a spouse.

Gender Identity and Non Discrimination

Lubbe Levin did discuss this request with General Counsel. There are no plans to add Gender Identity in the University's non-discriminationpolicy at this time because of the need to remain consistent with Federal and State law. Levin is exploring three options if there is an allegation of discrimination:

• Existing employee grievance procedure
• Ombudsman Office at the campus level
• Mediation

ULGBTA stated that these options appear too reactive instead of proactive and that the approach is not progressive or responsive to the needs of students, staff and faculty who are transgendered.

Request for UCOP to appoint at Task Force

UCOP was asked to appoint a systemwide task force of experts to address policies, facilities, programs and any issues that affect transgender or intersex students, staff, and faculty. Shane Snowden from UC San Francisco volunteered to be an initial point of contact for UCOP. Issues of concern include student and staff records, continuation of benefits, education and training, and customer service for example.

DIVERSITY AND LGBT SURVEY - PENN STATE

UCLGBTA had previously requested support from UCOP Student Academic Services to conduct these surveys designed by Sue Rankin. UCLA, UCSC, UCI and UCR have each decided to conduct both surveys. Dennis Galigani instead asked for input on a UC systemwide student life survey now in its design phase. UCLGBTA agreed to help, but again asked for UCOP support to conduct the Penn State surveys, which would be faster, cheaper, and part of a nationwide data set. Each campus was asked to pursue the Penn State surveys with their Chancellors' Office if possible.

Respectfully Submitted,
John O. White
jwhite@ucsd.edu
UCLGBTA Secretary