S 763 Session 110 (1993-1994)
S 0763 Concurrent Resolution, By O'Dell, A.S. Macaulay and McGill
Similar(H 4170)
A Joint Resolution to declare the public policy objectives and state interests
of the State of South Carolina in establishing single-gender institutions of
higher learning for the purpose of providing single-gender post-secondary
educational opportunities to its citizens and to establish a committee to
formulate recommendations for the General Assembly to consider in exploring
alternatives for the provision of single-gender educational opportunities for
women.
05/06/93 Senate Introduced SJ-4
05/06/93 Senate Referred to Committee on General SJ-9
A CONCURRENT
RESOLUTION
TO DECLARE THE PUBLIC POLICY OBJECTIVES AND STATE
INTERESTS OF THE STATE OF SOUTH CAROLINA IN
ESTABLISHING SINGLE-GENDER INSTITUTIONS OF HIGHER
LEARNING FOR THE PURPOSE OF PROVIDING
SINGLE-GENDER POST-SECONDARY EDUCATIONAL
OPPORTUNITIES TO ITS CITIZENS AND TO ESTABLISH A
COMMITTEE TO FORMULATE RECOMMENDATIONS FOR THE
GENERAL ASSEMBLY TO CONSIDER IN EXPLORING
ALTERNATIVES FOR THE PROVISION OF SINGLE-GENDER
EDUCATIONAL OPPORTUNITIES FOR WOMEN.
Whereas, the federal courts in various jurisdictions have held that
single-gender institutions of higher learning provide valuable and unique
educational opportunities and are constitutionally permissible based on
legitimate public policy considerations which justify single-gender
education; and
Whereas, studies conducted by several scholars have concluded that for
a variety of reasons single-gender institutions have advantages over
coeducational institutions in numerous areas, and the data developed
suggests that the differences between a single-gender student population
and a coeducational one justify a state's offering single-gender
education; and
Whereas, a state nevertheless must provide constitutionally permissible
single-gender opportunities in higher education based on public policy
considerations which justify single-gender classifications as being in the
best interests of the providing state; and Whereas, the General Assembly
of the State of South Carolina, by this resolution, declares and stipulates
that the public policy considerations and state interests of South Carolina
in establishing, supporting, and providing for single-gender institutions
of higher learning are as follows:
1. Policy of Diversity.
South Carolina believes that its institutions of higher learning should
be diverse as to size, competitiveness, program emphasis, student
population, and location so as to provide students with a variety of
academic opportunities and experiences. In compliance with this policy
of diversity, South Carolina has established a variety of diverse
educational post-secondary institutions ranging from small colleges to
large regional universities, from liberal arts programs to specific
research-based programs, from two-year institutions to four-year
institutions with no graduate programs and to four-year institutions with
comprehensive graduate and professional schools. In this context, a
policy of diversity should include places for single-gender institutions
within the overall higher education system of this State. The
single-gender institutions this State has supported over the years have
been as a result of the legitimate state interest and desire for diversity in
its educational institutions, and a belief that a diverse state program that
includes both single-gender programs and coeducational programs better
meets the individual needs of students than does a program or policy that
requires all students, without regard to individual needs, to attend
coeducational colleges.
2. Policy of Meeting Need and Demand.
A need for single-gender educational programs exists in South
Carolina in the opinion of its citizens, and a public demand for them
continues. The citizens of South Carolina want these programs and the
public interest is well served by them. A tremendous demand exists now
and has historically existed for the type of single-gender opportunities
the State has offered. It may be true that this demand is somewhat
unique to South Carolina and other similar states and does not
necessarily exist throughout the country but, nevertheless, where
sufficient demand has existed for particular single-gender programs of
either gender thereby justifying the expenditure of public funds to
support such programs, the State of South Carolina has supported such
programs and has a valid state interest in doing so. The current
single-gender situations in South Carolina are popular, fully-subscribed,
and flourishing and clearly the State has a legitimate public policy
interest in offering and providing the types of educational experiences,
including single-gender ones, that its taxpayers and citizens desire and
support. In addition, where a single-gender institution produces
graduates of a particular discipline, training, or expertise, and the record
shows that this type of training could not be as successfully developed
at a coeducational institution, a legitimate and important state interest is
served if the State through its agencies and programs or the nation
through its agencies and programs utilizes these graduates for
compelling state or national needs.
3. Policy of Autonomy.
In the system of higher education in place in South Carolina, each
institution of higher learning is governed by a board of trustees which
governs the institution subject to the general law and in conjunction with
the Commission on Higher Education. The General Assembly has
directed the Commission on Higher Education and the state's institutions
of higher learning to seek to create an environment in which each
institution can pursue its own mission within the broader statewide
framework.
The missions of South Carolina's sixty-two public and independent
post-secondary institutions vary widely. Research universities offer
degree programs through the doctoral level and professional programs
consistent with their respective missions. In addition, their missions
emphasize funded research and public service activities that complement
academic programs. Within the context of their variety of roles and
missions, senior colleges offer a broad range of degree programs
including graduate programs at the master's degree level in selected
fields as well as public service and research programs. This
comprehensive system as a matter of public policy should include an
institution's right to choose to offer a single-gender program if sufficient
demand for such a program exists and if the program fits within the
broad framework of the overall state educational system.
The General Assembly as part of its stated public policy of allowing
each institution the autonomy within certain guidelines to develop
individualized mission statements and programs has therefore
determined that it is consistent with its stated policy of institutional
autonomy for an institution to offer a single-gender opportunity
accomplished through the enactment of such vehicles as specific
admission requirements based on gender or other similar requirements.
4. Policy of Economy of Resources.
The resources of the State of South Carolina available for higher
education are becoming more and more scarce, and it is mandatory and
a compelling public policy and state interest that the available resources
and funding for each institution of higher learning be used in the most
efficient and effective manner possible.
Studies have shown that single-gender programs provide a diversity
of choice for the individual and varying needs of students in the most
efficient, economical, and prudent manner possible and with the
maximum utilization of the resources and assets of the State. This is true
because single-gender programs avoid the duplication and additional
expense that would be incurred if an attempt was made to offer the
unique characteristics of a single-gender program at a coeducational
institution. A single-gender institution can deliver some specific
programs including those with holistic or adversarial characteristics at
less cost than can a coeducational institution and the State has a
legitimate public policy interest in providing these types of programs at
the least possible cost. Also, consistent with its policy of providing
single-gender educational opportunities for the reasons enumerated
herein, the State of South Carolina has found that the physical plant of
a single-gender institution must have certain characteristics different
from those of a coeducational institution for the purpose of ensuring
privacy, safety, and for other such considerations. To attempt to
construct or adapt the physical plant of a single-gender institution for the
purpose of making it suitable for coeducation would be prohibitively
expensive.
Consequently, given the fiscal situation in South Carolina and given
the competing demands on its scarce resources, it is in the best interest
of the State and a prudent public policy for single-gender institutions to
be part of this state's higher education system so that unique programs
may be offered to interested students in the most economical and
efficient manner possible without unnecessary duplication and additional
expense.
5. Policy of Choice.
Single-gender institutions and their programs provide a freedom of
choice to students and their families, and the General Assembly believes
as a matter of public policy that this is a freedom for individual choice
that does not need to be destroyed. Ample choices and opportunities for
college educations in mixed-gender coeducational environments exist in
South Carolina and in other states and those individuals desiring a
single-gender choice should also have the opportunity to make such a
choice. Single-gender institutions are not inherently unconstitutional or
unlawful, and the General Assembly believes that as a matter of public
policy it has a duty to offer its citizens the widest range of educational
opportunities it can offer in the manner allowed by law, including
single-gender opportunities, so that interested students are free to choose
an institution which, due to its distinctive educational methods, is not
diminished or impaired as a result of a coeducational requirement; and
Whereas, for reasons and policies above provided, South Carolina has
historically supported and continues to support single-gender
educational institutions as a matter of public policy based on legitimate
state interests where sufficient demand has existed for particular
single-gender programs thereby justifying the expenditure of public
funds to support such programs; and
Whereas, presently in South Carolina single-gender educational
opportunities exist for men at The Citadel, but do not exist for women
in all areas; and
Whereas, the members of the General Assembly, by this resolution,
express their belief that it is appropriate for this State to begin the
process of providing single-gender educational opportunities for women.
Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the General Assembly for the reasons stipulated in this resolution
hereby declares that the public policy objectives and the state interest of
the State of South Carolina in establishing single-gender institutions of
higher learning for the purpose of providing single-gender
post-secondary education opportunities to its citizens are as contained
in this resolution.
Be it further resolved that a committee of ten members is created to
assist the State of South Carolina in carrying out its responsibilities of
providing single-gender educational opportunities for women, and the
committee shall formulate recommendations for the General Assembly
to consider in exploring alternatives for the provision of single-gender
educational opportunities for women.
Five members of the committee shall be appointed by the Speaker of
the House of Representatives and five members of the committee shall
be appointed by the President Pro Tempore of the Senate. The members
of the committee shall meet as soon as practicable after appointment and
shall organize, elect officers, and adopt rules to govern the proceedings
of the committee.
The committee shall submit its report to the General Assembly at the
beginning of its 1994 session at which time the committee shall be
dissolved. During its deliberations, the committee shall be staffed by
such personnel as provided and assigned by the Speaker of the House
from House staff and the President Pro Tempore of the Senate from
Senate staff.
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