Santa Clara University Won’t Listen to School’s Attorney; Declines to Recognize Conservative Club
The student senate at Santa Clara University in California twice now has rejected the application of Young America’s Foundation (YAF), a conservative student group seeking official university recognition. Obtaining official recognition for any student club typically means it will have access to a share of student activity fees, campus facilities and communications, which in turns allows it to hold events with speakers and messages of its choosing.
The student senators are the gatekeepers for reviewing applications for student group recognition at Santa Clara. They are also quite liberal, and made no attempt to hide it. When the senate rejected YAF’s application, it did so even though YAF met the objective criteria for recognition. In addition, the university’s lawyer advised the senators they could not reject YAF for ideological reasons, which would amount to “viewpoint discrimination” under California law.
What’s worse, the university’s administration decided to turn a blind eye to the action of the student senate when YAF appealed the decision to Vice Provost Jeanne Rosenberger, who wrote in a letter response to YAF: “I reviewed the record and found that the record is insufficient to establish that the denial of recognition was based on YAF’s political opinion. As a result, I have chosen not to intervene.”
“Insufficient?” After senators openly condemned popular speakers at YAF events such as Ben Shapiro, a conservative pundit? And labeled Shapiro “one of the most Islamophobic people?” And claimed that YAF causes “emotional harm” to the LGBTQ community?
The university’s lawyer, Bridget Colbert, warned the student senate that under California law, even private universities such as Santa Clara cannot refuse to recognize clubs based on their speech, but her legal advice fell on deaf ears. The liberal activists in the senate seemed intent on punishing the YAF club for the alleged sins of Shapiro and others, whose speeches have infuriated campus leftists wherever he appears.
The Vice Provost’s actions in sidestepping the controversy reveal who is really running the university, and it isn’t the adults. Rather than act as the voice of reason for the university by following the advice of her own lawyer and putting an end to the blatant viewpoint discrimination against YAF, she chose to duck and cover.
That hasn’t worked well for other colleges who have suffered sharp declines in enrollment after prospective students and their parents realize that leftist mobs are in charge of deciding who gets to exercise First Amendment rights on campus.
These types of situations haven’t ended well for the universities involved. Once the lawsuits begin, they quickly see the error of their ways as well as their potential liability.
Hopefully, cooler heads will prevail at Santa Clara University before the lawyers show up.
Photo from scu.edu
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ABOUT THE AUTHOR
Bruce Hausknecht, J.D., is an attorney who serves as Focus on the Family’s judicial analyst. He is responsible for research and analysis of legal and judicial issues related to Christians and the institution of the family, including First Amendment freedom of religion and free speech issues, judicial activism, marriage, homosexuality and pro-life matters. He also tracks legislation and laws affecting these issues. Prior to joining Focus in 2004, Hausknecht practiced law for 17 years in construction litigation and as an associate general counsel for a large ministry in Virginia. He was also an associate pastor at a church in Colorado Springs for seven years, primarily in worship music ministry. Hausknecht has provided legal analysis and commentary for top media outlets including CNN, ABC News, NBC News, CBS Radio, The New York Times, the Chicago Tribune, The Washington Post, The Washington Times, the Associated Press, the Los Angeles Times, The Wall Street Journal, the Boston Globe and BBC radio. He’s also a regular contributor to The Daily Citizen. He earned a bachelor’s degree in history from the University of Illinois and his J.D. from Northwestern University School of Law. Hausknecht has been married since 1981 and has three adult children, as well as three adorable grandkids. In his free time, Hausknecht loves getting creative with his camera and capturing stunning photographs of his adopted state of Colorado.
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