Nationwide, universities and military officials are on opposite sides of an argument that could potentially cost Brown $120 million in federal funds.
Several law schools have refused to allow military recruiters onto their campuses, claiming that the military's "Don't Ask, Don't Tell" policy - which bars openly gay soldiers from serving - violates their non-discrimination policies.
Brown's non-discrimination policy states that the University does not discriminate on the basis of, among other things, sexual orientation in any school-administered programs. All on-campus recruiters must sign the policy.
The Solomon Amendment, passed by Congress in 1996, grants the secretary of defense the authority to deny federal funding to institutions of higher learning that prohibit or prevent the Reserve Officer Training Corps or other military recruitment on campus. Brown currently receives approximately $120 million a year from the federal government.
Kimberly DelGizzo, director of the Career Development Center, said conflict between the non-discrimination policy and military policy "has not been an issue" because the military does "not actively participate in our recruiting program."
DelGizzo said though "they do come to our career fairs ... they do not conduct on-campus interviews." The CDC defines on-campus recruiters as only those who conduct on-campus interviews. Because military recruiters do not, they are not required to sign the non-discrimination statement.
The United States Marine Corps recruits at Brown for its Platoon Leadership Course, a summer program for officer candidates that does not obligate participants to join the military. Captain Aaron Fielder, USMC officer selection officer, said he comes to Brown for career fairs and for interviews when students request it, but "that is about it." He said he works "with the career services office ... to get the word out about the program" and usually contacts eligible students through e-mail once a year. His main goal is "to get the information out," he said, and he is careful to unsubscribe people who ask not to be contacted again. "I hate e-mailing people that do not want to be e-mailed by me," he said, adding that he also removes the names of non-U.S. citizens, who are not eligible for the program.
Fielder said he gets students' e-mail addresses from the CDC. But DelGizzo said the CDC does not provide students' contact information to anyone.
As for the non-discrimination policy, Fielder said he has had "no trouble at all." He said in his conversations with Brown students, even those just interested in dialogue and not looking to join a program, he has "never had anybody be rude."
The debate nationwide
The constitutionality of the Solomon Amendment was challenged in the Supreme Court by the Forum for Academic and Institutional Rights, a coalition of law schools. The Court ruled in favor of the Solomon Amendment Monday, denying FAIR's claim that the Solomon Amendment violates universities' right to freedom of association.
Chief Justice John Roberts wrote in his opinion on the case, "A military recruiter's mere presence on campus does not violate a law school's right to associate, regardless of how repugnant the law school considers the recruiter's message."
Yale Law School barred military recruiters from its campus on Feb. 1 after a Connecticut District Court ruled in favor of 44 Yale Law faculty members who contended the Solomon Amendment is unconstitutional. Prior to the decision, Yale Law had temporarily suspended its non-discrimination policy in order to continue receiving approximately $350 million in federal funds.
The Pentagon is currently withholding funding from three small law schools - New York Law School, Vermont Law School and William Mitchell College of Law in St. Paul, Minn. - over non-compliance with the Solomon Amendment.
DelGizzo said the University's policies "absolutely will be reviewed" in light of the Court's decision.
Misleading mailings
ROTC was forced off Brown's campus in 1972 during the Vietnam War, but University students wishing to enroll can still do so through a program at Providence College. Dean of the College Paul Armstrong said his office provides a link to PC's ROTC program on his Web site to "make students aware of the opportunity."
Lt. Col. Paul Dulchinos, battalion commander of the PC ROTC program, said he recruits at Brown through "personalized letters." One sent out earlier this year - on Brown stationary but without the name of any Brown office - caused "some confusion (because) some students thought the letter meant there was a Department of Military" Science at Brown. The University does not give students participating in ROTC at PC any academic credit for the classes, he said.
Armstrong said the letter was "a mistake" because it had the heading "Department of Military Science" under the Brown letterhead and Dulchinos identified himself as an assistant professor, neither of which had been on the draft of the letter Armstrong approved. The letter "violated our understanding about cooperation," Armstrong said, adding that he was "furious."
The understanding they "had agreed to" involves Armstrong's office providing the ROTC program with the names and mailbox numbers of first-years. It "seems like a reasonable thing to do," Armstrong said.
Dulchinos said he has had "complete cooperation" from Brown, adding, "it's not that intrusive" to be sent a piece of paper.
"The Solomon Amendment pretty much allows us" to send campus-wide mailings, he added.
Armstrong's office and the ROTC program generally "trust each other and work together," Armstrong said, and "sending out a misleading letter ... does not serve our relationship well." However, Brown's relationship with the ROTC program has been positive in the past, and Armstrong characterized this as an "isolated mistake."
As for the "Don't Ask, Don't Tell" policy, Dulchinos said he "follow(s) the policy. ... We don't ask and they don't tell." When students sign the ROTC enrollment form, they must check off a box stating they understand the policy, he said. Recruiters are trained not to assume anything based on student group "affiliations," he added.
"Nobody is on a witch hunt," he said.
As for the policy itself, Dulchinos says it comes with "the nature of our business," adding that the military is also exempt from the Americans with Disabilities Act.
