Whereas The University of Akron Board of Trustees adopted Rule 3359-11-22 effective August 30, 2009; and

Whereas this rule includes a provision to permit The University of Akron to sample the DNA of applicants for employment at The University of Akron; and

Whereas the rule specifically states that only convictions of certain offenses may be used to disqualify candidates from consideration for employment at The University of Akron; and

Whereas the collection of DNA does not further the objective of the rule (i.e., to identify applicants who have been convicted of disqualifying offenses); and

Whereas the rule is arbitrary, capricious, and without rational basis given the constraints articulated in the rule and the inability of The University of Akron to articulate how the rule might further any interest of the university that cannot be furthered through less intrusive, less expensive, and more efficient and proven methods; and

Whereas The University of Akron Faculty Senate was not consulted prior to the adoption of this rule; and

Whereas The University of Akron Chapter of the American Association of University Professors (AAUP) was not consulted prior to the adoption of this rule; and

Whereas such a rule is unprecedented on college and university campuses in the United States; and

Whereas Section 202(b) of the Genetic Information Nondiscrimination Act of 2008 (GINA) states that "It shall be an unlawful employment practice for an employer to request, require, or purchase genetic information with respect to an employee or a family member of the employee..."; and

Whereas such a requirement would have a chilling effect on the university's ability to attract and retain the highest quality students, faculty, and staff; and

Whereas this provision would place a disproportionate burden on part-time faculty who are rehired on a term-by-term basis; and

Whereas The University of Akron has failed to specify the manner in which this provision would be implemented and how any genetic information collected pursuant to this provision would be safeguarded from unlawful or unauthorized uses; and

Whereas the adoption of this provision has brought discredit to The University of Akron as an institution of higher education; therefore

Be it resolved that The University of Akron should immediately convene an emergency session of the Board of Trustees for the expressed purpose of rescinding any provision of University Rule 3359-11-22 that authorizes the university to collect DNA samples from applicants for employment at The University of Akron.