Committee forwards revisions to nondiscrimination policies 3.11 and 3.11a to full board

The Vermont States Colleges EPEL Committee voted to forward revised nondiscrimination policies 3.11 and 3.11a to the board of trustees via the consent agenda for Saturday, with a minor edit noted by a committee member.

The changes clarify protected categories under Vermont law, add an explicit amnesty provision required by Vermont law to policy 3.11a, and align procedures so a single investigator (rather than two) may handle investigations when the accompanying procedures permit such a change, committee presenters said.

Catherine Pemberty, the committee's liaison, summarized the draft revisions and said the updates reflect changes in law and practice since the board's August 2024 actions and restore alignment with the pre‑August 2024 policies that have been in operation. She said the proposed procedures will allow the chancellor to update procedures as the law changes. "The procedures will be changed until the board of trustees has an opportunity to update the policies that accompany the procedures," she said.

Trustee Jefferson asked for clarification about new wording described in the documents as "protective right pregnancy of related conditions." Jefferson asked, "What do they mean by that?" Pemberty said the phrase is meant to cover conditions that arise from pregnancy, including lactation, and noted examples such as preeclampsia. "So that's meant to incorporate lactation and the ability and the rights that individuals have to breastfeed," she said. When Jefferson asked whether the language would include abortions or miscarriages, Pemberty replied, "It could. It could."

The amendments also add a clearer amnesty provision in policy 3.11a "as required by Vermont law," Pemberty said, and make naming‑convention edits intended to make the policy language simpler and more recognizable for students, staff and employees. She noted the proposed change to allow one investigator models current practice under "title 9" and policy 3.11a language in the packet.

After discussion, Trustee Bloomer moved to forward the revised policies to the full board via the consent agenda with the edit he had noted; Trustee Bombardier seconded the motion. Committee chair Trustee Kluver called for the vote and asked those in favor to say "aye." An "aye" was recorded and the motion carried; the committee noted that four votes were required and that the committee met that threshold.

Committee members and staff emphasized that any item sent on the consent agenda can be pulled for separate discussion at the full board meeting. Carrie Dickinson reminded members that the committee will reconvene in a Zoom meeting tomorrow morning at 9 a.m. and that the full board meeting is scheduled for Saturday.

The committee's vote advances the draft policy language to the board for final consideration on the consent docket; no final board action on the policies was taken during this committee meeting.