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My name is Heather Smith and I am an admissions counselor at Texas Woman's University. For this legal padlet I will focus on legal aspects of student religious activities and expression. I chose this topic because, as a previous undergraduate student at a religiously affiliated university, I appreciated the protection and opportunities I had to freely express and participate in religious activities and observances. Now at a public institution, I believe it is important to understand students' rights and protections regarding religious involvement. This legal padlet may be used by student affairs professionals and faculty that interact with students on a regular basis.

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Dr. Kristina Papa serves as the Associate Director for Undergraduate Admissions at Texas Woman's University (TWU). Dr. Papa was chosen for her vast perspective as a TWU student, a TWU faculty member, a TWU staff member, and a member of the Jewish faith. Dr. Papa provided insight from all of these perspectives in regards to student religious observance and expression.

Student religious observance and expression is an important topic as more universities, companies, and the nation are becoming aware of opportunities for growth in diversity, inclusion, and equity efforts. Speaking for TWU's response of recent events, the focus of diversity has been on ethnicity as opposed to diversity across the spectrum of human differences, including religion (personal communication, Dr. Kristina Papa, December 1, 2021). Not acknowledging the injustices, discrimination, and worldwide events regarding other diverse experiences may come across as insensitive to other individuals who do experience these injustices (personal communication, Dr. Kristina Papa, December 1, 2021). While the number of students affiliated with a religion are decreasing, those that do faithfully practice their religion are often a second thought in regards to diversity efforts at higher education institutions. Especially those of the Muslim and Jewish faith as their workplaces, education, and other responsibilities are prejudiced towards the Christian faith (personal communication, Dr. Kristina Papa, December 1, 2021). Respect for diversity in all forms in important in education to ensure that all feel welcome on campus.

Dr. Papa shared some best practices and suggestions for supervisors, instructors, and higher education professionals to ensure the rights of student religious observance are upheld. These include:

1. Acknowledge other religious practices AND do something about it. It is not enough to wish someone a "Happy Hanukah" with little acknowledgment and recognition.

2. Allow university staff to participate in religious observance (that is not included in the already designated days off) without having to use vacation or comp time. In Dr. Papa's experience, it is difficult logistically and philosophically to determine priorities in regards to work responsibilities and religious observance. This may look like a religious pool donation for other staff members to donate vacation time so others can observe religious practices.

3. Allow opportunities for training and action for equality and inclusion when it comes to religious practices. For example, Dr. Papa mentioned the predicament that occurs if she chooses not to participate in a holiday event with the staff or university which may bring others to judge. However, if she does participate, it is a debate with herself to determine if she is fully identifying herself as a member of the Jewish faith.

The greatest issue that Dr. Papa mentioned was the lack of acknowledgment for other diverse experiences by higher education institutions and the outside community. At the current moment, ethnic diversity is the main topic of conversation when it comes to diversity efforts. While this diversity does need to be recognized and acted on, many individuals that experience discrimination are left to the side (personal communication, Dr. Kristina Papa, December 1, 2021). Other human differences are under attack and must be acknowledged in order for everyone (student, faculty, and staff) to feel safe and heard on their respective campuses.

Bio: https://twu.edu/admissions/meet-the-admissions-team/

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The American College Personnel Association (ACPA) for student affairs professionals recognize that "communities are enhanced by social and individual diversity manifested by characteristics such as age, culture, class, ethnicity, gender, ability, gender identity, religion, and sexual orientation" (ACPA, n.d).

This resource informs the perspective student affairs professionals must have in order to work with their diverse student populations. Not only do student affairs not discriminate and "actively work to change discriminatory practices," but they also understand the value and embrace diversity in all forms (ACPA, n.d.). Understanding how diverse characteristics enhance communities, informs student affairs professionals the reason for not discriminating and taking action to change policies that do.

Citation:
American College Personnel Association (ACPA). (n.d.). In ACPA's Statement of Ethical Principles and Standards. ACPA: College Student International. https://myacpa.org/wp-content/uploads/2020/12/Ethical_Principles_Standards.pdf

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The University of Wisconsin system was scheduled to begin the Fall 2021 semester during the Jewish holiday of Rosh Hashanah in September.

- Jewish and interfaith leaders wrote a letter in protest to the system's academic calendar and encouraged the institution to consider religious holidays when considering their schedules.

- The vice president for university initiatives and legal affairs for Hillel International, the largest  Jewish campus organization, stated, "This situation... has highlighted the need for a clear, consistent, and transparent policy dealing with religious diversity on our campuses" (Redden, 2021).

-The University of Wisconsin system began classes on the last day of Rosh Hashanah for the Fall 2021 semester.

Link to Article: https://www.insidehighered.com/quicktakes/2021/06/02/letter-protests-starting-fall-classes-during-rosh-hashanah

References:

Redden, E. (2021, June 2). Letter protests starting fall classes during Rosh Hashanah. Inside HigherEd. https://www.insidehighered.com/quicktakes/2021/06/02/letter-protests-starting-fall-classes-during-rosh-hashanah

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Jewish leaders wrote to the University of Wisconsin system leadership asking the system to direct six UW campuses that plan to commence their fall semesters during the Jewish holiday of Rosh Hashanah to move their start dates. The UW campuses at La Crosse, Madison, Oshkosh, Parkside, Stout and Superior all have scheduled their semesters to begin during Rosh Hashanah, which this year will begin Sept. 6 and end Sept. 8.

"The conflict with Rosh Hashanah was entirely preventable and should never have happened," says the May 27 letter, which is signed by state- and campus-level Jewish and interfaith leaders, as well as by Adam Lehman, president and CEO of Hillel International, and Mark Rotenberg, Hillel International's vice president for university initiatives and legal affairs. "This situation -- which has been left unresolved for nearly six months -- has highlighted the need for a clear, consistent, and transparent policy dealing with religious diversity on our campuses. Potential conflicts with religious observance should always be taken into account when institutions set their schedules."

The UW system did not return a request for comment.

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Letter Protests Starting Fall Classes During Rosh Hashanah

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Jewish leaders wrote to the University of Wisconsin system leadership asking the system to direct six UW campuses that plan to commence their fall semesters during the Jewish holiday of Rosh Hashanah to move their start dates.

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In the last two decades, higher education institutions have made steps to support Muslim students, but it has not been enough.

- According to the U.S. Department of Education, "between 2009 and 2017, the number of on-campus religion-based hate crimes - mostly involving Jewish and Muslim targets - nearly doubled" (Singer, 2021).

- Religious diversity and inclusion is often not part of higher education institutions diversity statements and actions (Singer, 2021).

- The Center for Education, Identity, and Social Justice provides suggestions for institutions to better support Muslim students such as dedicated space, staff, and resources, and raising the visibility of Muslim students (Singer, 2021).

- Institutions have made strides in inclusion such as hiring Muslim chaplains, provided dedicated space to pray, and mentoring opportunities (Singer, 2021).

Religious diversity on-campus must be acknowledged in order for every student to feel safe and welcome on campus.

Link to Article:
https://www.insidehighered.com/views/2021/10/13/colleges-must-do-more-support-muslim-students-opinion

References:

Singer, K. (2021, October 13). The imperative to support Muslim students . Inside HigherEd. https://www.insidehighered.com/views/2021/10/13/colleges-must-do-more-support-muslim-students-opinion

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Colleges must do more to support Muslim students (opinion) | Inside Higher Ed

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Two decades after Sept. 11, we’re still letting them down, Kevin Singer writes.

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The First Amendment to the U.S. Constitution:

- Protects the right to religious beliefs and practices
- Prohibits the government from establishing or promoting one religion over another

Citation: U.S. Const. amend. I
Link to the full text: https://www.archives.gov/founding-docs/bill-of-rights-transcript

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The Texas Education Code states that:

- A religious holy day is a holy day observed by a religion whose places of worship are exempt under tax laws.

- Higher education institutions must excuse students from attending class, activities, and exams for the observance of religious holy day (this includes any necessary travel for observance).

- Students cannot be penalized for being absent and must be allowed to complete the required assignment in a timely manner after observing a religious holy day.

Citation: Tex. Educ. Code § 51.911
Link to the full text: https://statutes.capitol.texas.gov/Docs/ED/htm/ED.51.htm#51.911

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In Healy v. James (1972) the rights and protections of student organizations and recognition on campus were discussed. The U.S. Supreme Court ruled:

- Higher education students are not exempt from the protections discussed in the U.S. Constitution's First Amendment.

- A college could not refuse recognition of a student organization unless the group has known ties to unlawful aims and goals, poses a substantial threat to disruption, and if the group refuses to comply with the school's code of conduct.

- While this court case did not specifically discuss religious practices, the ruling did lead the way for other cases to establish that students have the same protection given to them from the First Amendment on-campus as they do in the larger community, including religious beliefs and expression.

Citation: Healy v. James, 408 U.S. 169 (1972)

Link to the full text: https://www.loc.gov/item/usrep408169/

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The Texas Administrative Code discusses student religious observance of holy days. It requires:

- All higher education institutions to excuse students from class, exams, and other activities for the observance of a religious holy day.

- All higher education institutions to establish consistent policies and procedures regarding student absences due to religious holy days and other excused absences.

- The student and instructor to communicate about the holy day and needing to complete missing assignments. If there is a disagreement about the nature of the religious holy day or the time frame of completing the required assignments, the student or instructor may request a ruling from the chief executive officer of the institution.

Citation: 19 Tex. Admin. Code § 4.4 (2004)

Link to the full text: https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=1&ch=4&rl=4

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(a) Under Texas Education Code, §51.911, all institutions of higher education shall excuse a student from attending classes or other required activities, including examinations, for the observance of a religious holy day, including travel for that purpose. A student whose absence is excused under this subsection may not be penalized for that absence and shall be allowed to take an examination or complete an assignment from which the student is excused within a reasonable time after the absence. (b) Each institution of higher education shall develop and include in its official bulletins, catalogs, and other appropriate publications a statement regarding its policies and procedures for all excused absences. Policies and procedures for absences due to religious holy days shall be consistent with (or no more arduous than) the institution's policies and procedures relating to other excused absences. (c) Texas Education Code, §51.911 defines a religious holy day. If a student and an instructor disagree about the nature of the absence being for the observance of a religious holy day as defined therein, or if there is similar disagreement about whether the student has been given a reasonable time to complete any missed assignments or examinations, either the student or the instructor may request a ruling from the chief executive officer of the institution or his or her designee. The student and instructor shall abide by the decision of the chief executive officer or his/her designee. (d) Each institution may exclude from these policies and procedures any student absence for religious holy days which may interfere with patient care.

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(a) Under Texas Education Code, §51.911, all institutions of higher education shall excuse a student from attending classes or other required activities, including examinations, for the observance of a religious holy day, including travel for that purpose.

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In the Student Life Handbook for Texas Woman's University, it states that they allow students to be absent from class for the observance of a religious holy day. However, the student must notify the professor before the census date of the semester of planned absences for observance of religious holy days by completing the "Religious Holy Day Accommodation form". This policy is applicable to students and faculty, but not staff.

Citation: TWU University Regulation and Procedure § 06.120

Link to full text: https://public.powerdms.com/TWU1/documents/1745752

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The American College Personnel Association states that student affairs professionals are committed to promoting justice and "a crucial aspect of promoting justice is demonstrating respect for human differences and opposing intolerance of these differences" (ACPA, n.d.). Human differences include, ability, age, ethnicity, gender, sexual orientation, and religion (ACPA, n.d.). Therefore, student affairs professional must recognize the value these differences bring while promoting justice and equality for the expression of these differences including religious beliefs and practices.

Citation:
American College Personnel Association (ACPA). (n.d.). In ACPA's Statement of Ethical Principles and Standards. ACPA: College Student International. https://myacpa.org/wp-content/uploads/2020/12/Ethical_Principles_Standards.pdf

Link: https://myacpa.org/wp-content/uploads/2020/12/Ethical_Principles_Standards.pdf

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As an actively religious person in my own faith, the laws, protections, and standards provided on the nation and state level have allowed me to balance my religious observances with the outside community. While my experience is not shared by other actively religious individuals, the context of the law remains the same. The ethical standards stated by the ACPA, provide a foundation of understanding the value and perspective that human differences, including religious beliefs, bring to a university's community. Not only must I, as a higher education professional, recognize this value, but I am called to promote justice and eradicate any discrimination in regards to human differences. In my own personal education journey, there were individuals before me that made it possible for me to observe religious practices such as the sabbath, church attendance, and other standards. I also did not experience much discrimination in my education because leaders and other students before me ensured that I would feel safe and heard to observe and practice my religion. As a higher education professional, I must do the same to act on injustices and discrimination and promote equity and inclusion.

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Slide #13: Best Practices for Compliance

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Slide #13: Best Practices for Compliance

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After analyzing the laws, policies, and experiences of individuals regarding student religious observance and expression some best practices for student affairs professionals include:

1. Evaluate personal biases and/or prejudices.
2. Participate in personal and professional development on diversity, equity, and inclusion in all forms.
3. Know the protected rights on the state and federal level for religious observance.
4. Reflect on current policies in the workplace, in the classroom, and in the community in regards to all religions, not just the dominant religion.
5. Learn from the experiences of others and work to resolve injustices and prejudices.
6. When in an ethical dilemma, revert to the standards of professional association to provide insight and guidance.
7. Consider how policy affects all religions and not just for students, but for staff and faculty of the institution.
8. Increase awareness of religious holy days and make a plan to allow others their rightful observance.