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Earlier this month, the Texas A&M University System released staff guidance on adhering to the state’s prohibition on diversity, equity, and inclusion initiatives. This offers an initial insight into how Texas universities are managing the complex implementation of the recent legislation.
The guidance, compiled in a list of FAQs, is meant to provide clarity on the law but also shows that university employees trying not to run afoul of the ban may have a hard needle to thread.
The guidelines for administrators of university websites and social media platforms specify that any information related to diversity, equity, and inclusion (DEI) should be avoided. This includes not using the acronym DEI or the phrase “diversity, equity, and inclusion” itself. While universities may arrange events that promote diversity in a broad sense, it is crucial that they do not endorse any form of preferential treatment towards specific groups and ensure that these events are inclusive and accessible to all.
According to the guidance, every employee is expected to fulfill their duty of adhering to the law’s requirements. The system’s ethics and compliance office will be in charge of ensuring the law’s implementation and will seek guidance from its general counsel when faced with specific situations or questions.
In a list of approved revisions by the Board of Regents, the A&M System said it will no longer require faculty job applicants to submit a diversity statement — essays where candidates show their commitment to supporting students from diverse backgrounds and fostering inclusive learning environments — or allow schools to consider race, sex, color or ethnicity as hiring factors. Requiring training or promoting policies related to DEI will also no longer be permitted.
Senate Bill 17, which goes into effect at the beginning of next year, was a high legislative priority this year for Texas Republicans who accused DEI offices and programs of indoctrinating students with left-wing ideology and forcing schools to prioritize hiring based on how much job candidates supported diversity rather than merit. Critics of the law say it is a step backward for higher education in Texas, saying DEI initiatives boost student enrollment numbers among underrepresented populations and help universities hire employees from more diverse backgrounds.
Earlier this month, Texas A&M University Interim President Mark Welsh III conveyed a message to faculty, staff, and students, informing them of upcoming alterations in the university’s hiring procedures, training methods, and policies. These changes will include dissolving the office for diversity while simultaneously seeking additional revisions.
Similar measures have been implemented by other state universities.
The University of Texas System halted all DEI policies in February and required all universities under the system to develop policies to discipline employees or contractors who break the law. The University of Houston System Chancellor Renu Khator announced in June a list of guidelines the institution will follow in response to the law.
According to Jim Klein, a former president of the Texas Association of College Teachers, there seems to be a discrepancy in how higher education leaders across the state are interpreting the law. Some institutions are imposing stricter guidelines than others, possibly due to different interpretations of the law. Klein noted that the law, which is only seven pages in length, leaves room for interpretation in certain areas.
Shields expressed his current concern about ensuring clarity regarding what the law explicitly states and what it does not. He emphasized the possibility of certain individuals being tempted to go beyond the limits and argue that it should also be extended to instruction.
To continue to receive state funding, Texas universities must comply with the ban’s requirements. This includes annual reporting to the Texas Higher Education Coordinating Board to prove compliance with SB 17 before schools can spend state funds.
The Texas A&M University System has stated that employees or contractors who violate the law may face disciplinary action in order to maintain compliance. Any individuals who come across such violations are encouraged to report them through the system’s Ethic Points reporting system.
Law does not apply to student organizations, including those engaged in DEI initiatives, and universities are allowed to offer financial assistance, support, and facilities to these organizations.
The system’s guidance emphasizes that SB 17 does not affect our current responsibilities under federal and state law. These include upholding the anti-discrimination provisions outlined in Title VI and Title VII of the Civil Rights Act of 1964, as well as the Equal Protection Clause of the 14th Amendment. It is crucial to maintain the accessibility and inclusivity of our programs and activities for all individuals, without any form of discrimination.
Concerns about attracting legislators’ ire over the DEI ban came to a head at A&M earlier this year when the university botched the hiring of Kathleen O. McElroy, a Black journalism professor, to revive the school’s journalism program.
McElroy previously said that her appointment was caught up in “DEI hysteria” as Texas university leaders try to figure out what type of work involving race is allowed under the new law. In text messages the system released as part of an internal review, members of the Board of Regents also raised concerns with her previous job history at The New York Times and pushed back against what they perceive as a liberal agenda in higher education. The debacle ultimately led to the resignation of former A&M President M. Katherine Banks, and José Luis Bermúdez, the former interim dean of the school’s College of Arts and Sciences. Shannon Van Zandt, an executive associate dean in the School of Architecture, also resigned over concerns about political interference in the university’s hiring process.
Disclosure: Texas A&M University, New York Times, Texas A&M University System, University of Texas System and University of Houston have been financial supporters of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune’s journalism. Find a complete list of them here.
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