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Title 5 Proposed Regulation

The following are changes proposed to Title 5 of the California Code of Regulations.

October 4, 2019

Title 5. Education

Division 5. Board of Trustees of the California State Universities

Chapter 1. California State University

Subchapter 4. Student Affairs

Article 4. Nondiscrimination in Student Organizations

§ 41500. Withholding of Recognition.

No campus shall recognize any fraternity, sorority, living group, honor society, or other student organization whichthat discriminates on the basis of race or ethnicity (including color and ancestry), religion (or religious creed), nationality, citizenship,national origin, ethnicity, color, age, medical condition, genetic information, gender (or sex), gender identity (including transgender), gender expression, sexual orientation, marital status, citizenship, sexual orientation, veteran or military status, or disability. The prohibition on membership policies that discriminate on the basis of gender does not apply to social fraternities or sororities or to other university living groups.

Note: Authority cited: Sections 66600, 89030, 89035 and 89300, Education Code. Reference: Sections 66600, 89030, 89300-8930

2, Education Code.

§ 41503. Filing Requisites.

Each student organization shall deposit with the Vice President of Student Affairs or equivalent officer of the campus by, copies of all constitutions, charters or other documents relating to its policies. The student organizations shall also deliver to the Vice President of Student Affairs or equivalent officer a statement signed by the president or similar officer of the local student organization attesting that the organization has no rules or policies thatwhich discriminate on the basis of the protected categories set forth in Section 41500 race, religion, national origin, ethnicity, color, age, gender, marital status, citizenship, sexual orientation, or disability, except as excepted above. This statement shall be renewed annually and the other documents required by this section shall be refiled within 90 days after any substantive change or amendment.

Note: Authority cited: Sections 66600, 89030, 89035 and 89300, Education Code. Reference: Sections 66600, 89030, 89300-89302, Education Code.

§ 41504. Pen

alties.

Should the national governing body of any organization described in Section 41500 take any action thatwhich has the effect of penalizing or disciplining any branch or chapter at a campus in order to enforce a policy of discrimination based on the protected categories set forth in Section 41500 race, religion, national origin, ethnicity, color, age, gender, marital status, citizenship, sexual orientation, or disability, except as excepted above, recognition of that organization by any campus shall be immediately withdrawn.

Note: Authority cited: Sections 66600, 89030, 89035 and 89300, Education Code. Reference: Sections 66600, 89030, 89300-89302, Education Code.

§ 41505. Athletics and Other Intercollegiate Activities.

No campus shall enter into intercollegiate activities thatwhich will subject its students directly or indirectly to discrimination or segregation on the basis of the protected categories set forth in Section 41500 race, religion, national origin, ethnicity, color, age, gender, marital status, citizenship, sexual orientation, or disability. The prohibition against discrimination on the basis of gender does not apply to membership on intercollegiate athletic teams, facilities, or competition.

Note: Authority cited: Sections 66600, 89030, 89035 and 89300, Education Code. Reference: Sections 66600, 89030, 89300-89302, Education Code.

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