Eastern Zone Approves Anti-Discrimination Policy Aimed at Liberty University

Eastern Zone Swimming, the umbrella organization that sits over 12 USA Swimming LSCs in the Eastern United States, has approved a resolution that will keep the organization from doing any business that would be in violation of the Amateur Sports Act policies on discrimination. Specifically, the new policy was written in  response to Liberty University, a Christian University in Lynchburg, Virginia, being awarded hosting duties for a 2020 Zone Championship meet.

Bill Kirkner, a member of the Eastern Zone Diversity & Inclusion Committee representing Maryland, says that the issue was first raised at the 2018 convention, when Virginia Swimming announced Liberty’s new natatorium as a potential host site for an upcoming zone meet. At that time, several athlete representatives from Maryland spoke in opposition to the site based on “the institution’s expressed policies of discrimination in hiring and enrollment against L/G/B/T/Q persons.”

While the university’s officially published non-discrimination policy forbids discrimination in lawfully-protected classes like race, color, ancestry, religion, age, sex, national origin, pregnancy, or disability, the policy also explicitly states that they reserve the right to discriminate “on the basis of religion.”

Liberty University president Jerry Falwell Jr. has made several public statements indicating that the university will discriminate against those in the LGBTQ+ community. “Liberty University is pro-life and believes that marriage between one man and one woman provides the best environment for children,” Falwell once said of the university’s policies. “Liberty University will not lend its name or financial support to any student group that advances causes contrary to its mission…Liberty University will not lend its name or financial support to undermine marriage or to promote abortion.”

He also threatened to leave federal government programs that barred them from discriminating against homosexuality. Liberty University does have a subset of students that identify as LGBTQ+, however, and they organized a protest earlier this year against some of Falwell’s statements that the school’s official student newspaper, the Liberty Champion, acknowledged.

“The offices that I oversee exist to ensure that Liberty is an inclusive and welcoming place,” Chief Diversity Officer Greg Dowell said. “No external organization founded Diversity, Equity, and Inclusion at Liberty. It originated with our president. This is the message that needs to go out and be appreciated by all of our underrepresented groups.”

Dowell says that his job is to make the campus a welcoming place even for those who don’t agree with the university’s mission or doctrinal statement. The University’s doctrinal statement and mission do not explicitly mention homosexuality or gender identity.

At the USA Swimming convention, where the new resolution was proposed, Nadine Johnson, the Eastern Zone Diversity Chair, introduced a motion to reconsider the bid that was awarded to Virginia Swimming and to be hosted at Liberty University. While the leadership discussed the matter, the Eastern Zone athletes caucused in the back of the room.

Nick Poulos, a swimmer for NBAC and a member of the Maryland Swimming Board of Directors, spoke out on the original announcement in 2018 and emerged as a leader of this group and drafted a motion that the Eastern Zone would not be allowed to accept bids from organizations whose policies are in conflict with USA Swimming rule 304.3, and specifically this clause:

Discrimination in violation of the Amateur Sports Act which requires that USA Swimming must provide an equal opportunity to athletes, coaches, trainers, managers, administrators, and officials to participate in the sport of swimming. Athletes must be allowed to participate and compete to the fullest extent allowed by the Rules and Regulations. Discrimination against any member or participant on the basis of age, gender, race, ethnicity, culture, religion, sexual orientation, gender expression, gender identity, genetics, mental or physical disability, or any other status protected by federal, state or local law, where applicable, is prohibited.

While many states and municipalities have passed laws and ordinances protecting LGBTQ+ communities from discrimination, in Lynchburg, Virginia, where Liberty is located, there are no such local protections in place. In 2018, Virginia governor Ralph Northam signed an executive order protecting against employment discrimination on the basis of sexual orientation, though that policy wouldn’t officially extend beyond the state government’s hiring practices. The USA Swimming policy does, however, explicitly mention sexual orientation, gender expression, and gender identity as classes of discrimination that are ‘prohibited.’

When the Zone was called back to order, Kirkner recalls, Johnson withdrew her motion to cancel Liberty’s hosting, and the Chairs announced that once approved, the bid could not be reconsidered. However, Poulos’ resolution, as it would apply to future bid awards, was unanimously passed by a voice vote. It was clarified that existing bids, including Liberty University, would still move forward, though a “courtesy” request was put in with the Virginia Swimming LSC representatives to contact Liberty University about the matter.

Liberty University unveiled its new 75,000 square foot natatorium with capacity for over 1,414 spectators in December of 2017 for a dual meet between Liberty Universtiy and Campbell. Since its opening, the facility’s timing system has been plagued with errors that has resulted in the loss of National Age Group Records and significant delays and overturns of disqualifications at major meets. The school is installing a new timing system, however, that is expected to be ready for the upcoming 2019-2020 season.

SwimSwam has reached out to Liberty University for comment. A spokesperson for the school has acknowledged our email and says that he has forwarded the request to the appropriate parties. SwimSwam is also working to arrange a conversation with Poulos on the resolution.

 

Update: SwimSwam has gotten a chance to speak to Poulos about the motion:

“What it [the policy] is intended to do is simply to ensure that in the process of bidding for meets, that our Zone is complying with our values and the Code of Conduct that we have established in USA Swimming,” Poulos said.

When asked about the specific points of Liberty policy the motion was intended to address, Poulos said he couldn’t remember the exact policies that were discussed in the Zone meeting.

“I can’t remember the specific policy that was brought up, just that they [Liberty] have views about sexual orientation that are not necessarily welcoming to all our athletes,” Poulos said. “While the policies may not directly affect the way the meet is run, we feel that some of them may not be conducive to a completely positive environment for all of our athletes to compete fairly.”

“There were also some concerns from athletes and from coaches that they would not be properly welcomed at the facility,” he said.

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Boris George

Its encouraging to see USA Swimming taking a stand on this an enacting non-discriminatory legislation against the bigots in this world.

Swimmer

Especially from an athlete standpoint and voice

Pissed Off Coach

Taking a real stand would have involved VA Swimming not awarding Zones to Liberty in the first place. USA Swimming / VA Swimming / Eastern Zone finding a suitable replacement site for the 2020 meet to rectify the mistake also would be commendable.

Liberty is a hostile environment for LGBTQ swimmers. Any such swimmer shouldn’t have to choose between skipping a meet they qualify for or traveling to a meet location where they aren’t respected for who they are.

Boris George

Good points.

SwimCoachDad

I’ve never been to Liberty University and so all of this is unknown to me. I’m intrigued to know about the open hostility at a swim meet there. Have there been incidences of gay swimmers being accosted, threatened or protested? Do they push their beliefs on everyone who comes on campus for any reason? In what way is it a hostile environment if a LGBTQ swimmer comes to swim in a meet there?

W&M Fan

I have attended several meets at the facility and there was no hostility toward anyone attending the meet. From that perspective, it’s no different than any other location. From the standpoint of facilities, it’s extremely nice. There’s plenty of convenient parking and the pool itself was very nice with lots of seating. It’s also well designed for the elderly or disabled to access the seating. You can drop people right at the entrance, and the restrooms and seating are on that same level so no need for climbing stairs. There are a lot of positive attributes to using this facility.

SwimCoachDad

When statements are made like the one above about it being a hostile place toward anyone like; “Liberty is a hostile environment for LGBTQ swimmers. Any such swimmer shouldn’t have to choose between skipping a meet they qualify for or traveling to a meet location where they aren’t respected for who they are.” and the statement made by Poulous; “There were also some concerns from athletes and from coaches that they would not be properly welcomed at the facility,” he said.”, it is very concerning. It seems like there have been incidences in the past that would make this necessary. I’m just wondering what kind of problems there have been.

Inclusive Parent

This is fantastic. Big hat tip to the swimmers and reps from MD who put this forward. Now if only Va Swimming and the NCAA would follow suit.

Roster spots

Falwell, the former AD of Baylor during their troubles and Hugh Freeze. What a place.

mike_in_dallas

From a legal point of view, I don’t think these objections have a leg to stand on.
I’m NOT a fan of Liberty U. but even the rights of ‘bad actors’ have to be respected.
The righteous in this battle simply didn’t use the tools at their disposal – shame on them.
Now, they are stuck with Liberty.
Live and learn!

Snarky

Legal leg to stand on? The ASA makes it a violation of
Federal law to discriminate based upon sexual orientation. https://www.teamusa.org/~/media/TeamUSA/Documents/Legal/Governance/090712_USOC%20Safe%20Sport%20Policy%20FINAL.pdf

Federal law trumps bigotry even in the name of faux “Christianity”. If that clown Falwell wants to play in the Olympic sport arena he needs to stop being a bigot.

Brian M

Ummm, not to be picky, but the Amateur Sports act (and other Federal laws) do no such thing. The discrimination rules they are speaking of are a part of USA Swimming by-laws.

Snarky

USAS by-laws say nothing of the sort. It’s in our rules and regulations which are consistent with the ASA. And yes, the ASA- safe sport legislation does make it a violation of the ASA (a federal law) to discriminate on the basis of sexual orientation. If you want to play In the Olympic sport arena, you must follow the rules. USAS or any other NGB holding a competition at Liberty could potentially face a federal lawsuit. Especially when the head of the university takes such a discriminatory stance.

Brian M

You need to check your facts. The ASA was written in 1978 and does not include a reference to sexual orientation. Also, safe sport legislation fails to mention this as well. USA swimming rule 304.3 is the rule addressing discrimination based upon sexual orientation, gender identity, etc.etc.

Snarky

Brian, you are simply WRONG. Here’s the text from the USOC Safesport regulations adopted this year. Note the exceptions: NONE. Sorry, just because you don’t like the law doesn’t mean it doesn’t exist. Harassment (1) A repeated pattern of physical and/or non-physical behaviors that (a) are intended to cause fear, humiliation or annoyance, (b) offend or degrade, (c) create a hostile environment or (d) reflect discriminatory bias in an attempt to establish dominance, superiority or power over an individual athlete or group based on gender, race, ethnicity, culture, religion, sexual orientation, gender expression or mental or physical disability; or (2) Any act or conduct described as harassment under federal or state law. Exceptions None Examples Examples of harassment prohibited by… Read more »

Taa

“The ASA makes it a violation of federal law”? The document you linked doesnt state that anywhere.

Snarky

The ASA gives the USOC the authority to adopt regulations. Regulations adopted by the USOC are federal laws affecting amateur Olympic sports and NGB members. The 2018 Safe Sport Amendments to the ASA gave USOC Safe Sport exclusive jurisdiction over this area as to NGB’s and NGB members. As the federal court in Florida stated in Callahan v. USOC Center for Safe Sport, 2018 WL 4107951 (S.D.Fla. 2018): “In March of 2017, USOC chartered the United States Center for SafeSport (SafeSport) and Congress recently enacted legislation to address the issue of athlete abuse. Signed into law on February 14, 2018, the Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017, 36 U.S.C. § 220503(15) (the “Safe… Read more »

Taa

I do appreciate the extensive explanation. I’ll just make one last point though. You imply that that the ASA is a broad anti discrimination law. It’s not its just to protect athletes from harassment. So if Liberty hangs no gays allowed signs by the pool entrance they would be in violation but if not and the pool employees are otherwise treating the pool guests equally I don’t believe any statement made by Falwell are relevant.

Snarky

You are missing the point. The 2018 Amendments to the ASA DO MAKE anti-abuse/ anti-harassment/ anti-discrimination a new focus of the ASA. If a university has an anti-gay policy it violates the ASA Safe Sport rules it can (and should) be barred from benefitting from or participating in an NGB sponsored event. That’s just the law. Liberty has the right to have a prejudicial policy in the name of its brand of “Christianity” but the USOC (per federal law under the ASA) has the right to say, “Liberty, you don’t get to participate in Olympic sports because of your policies that violate our inclusive ones.” The policy of Liberty to discriminate based upon sexual orientation is the policy and violates… Read more »

JimSwim22

Are regulations created by government entities actually laws or is there differentiation between laws and regulations?

Snarky

A regulation is a law. Just executively designed.

About Braden Keith

Braden Keith

Braden Keith is the Editor-in-Chief and a co-founder of SwimSwam.com. He first got his feet wet by building The Swimmers' Circle beginning in January 2010, and now comes to SwimSwam to use that experience and help build a new leader in the sport of swimming. Aside from his life on the InterWet, …

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