As the last legislative session’s fruits take effect this January, public universities are being forced to slash efforts to increase diversity. Sen. Brandon Creighton‘s Senate Bill 17, which bans diversity, equity, and inclusion (DEI) programs, passed along party lines with Republican supporters arguing that such programs are “exclusive” and have been “weaponized to compel speech instead of protecting free speech,” according to Creighton. Democrats fought for amendments, including one clarifying that the ban will not affect course instruction, research, student organizations, guest speakers, data collection, or admissions, but they fear it will walk back progress universities have made in inclusivity. “There is no logic in the belief that you increase diversity by removing the policies and offices that work to promote it,” said Sen. Borris Miles, D-Houston, upon SB 17’s passing.
The ban blocks public institutions of higher education from having any office promoting policies or procedures or influencing hiring or employment practices “with respect to race, sex, color, or ethnicity.” Tangible changes so far at the University of Texas mostly include renamings: The Division of Diversity and Community Engagement will replace “Diversity” with “Campus.” The Gender and Sexuality Center will become the Women’s Community Center, as organizations focused on gender are exempt from the ban under Title IX protections. However, more concerning is the removal of the Multicultural Engagement Center website. The MEC houses six university-sponsored student groups, including the Latino Leadership Council and Afrikan American Affairs. It’s unclear what will happen to those groups, and UT had not responded to our requests for information as of press time.
“There is no logic in the belief that you increase diversity by removing the policies and offices that work to promote it.” – State Sen. Borris Miles, D-Houston
Some guidance under the law is confusing: SB 17 does not define “special benefits” provided on the basis of race, sex, color, or ethnicity, but does prohibit them. UT can therefore choose to interpret the law permissively: In UT’s official guidance on SB 17’s interpretation, “special benefit” does not include the “use of institution space reserved in accordance with the institution’s ordinary processes.” Thus, for example, the Pride and Equity Faculty Staff Association can no longer receive dedicated space or university sponsorship, nor use UT websites or listservs – but they can reserve meeting space on campus the same as other unsponsored organizations. Some actions, however, are clearly prohibited: The Women’s Community Center announced via Instagram that SB 17 disallows them from doing workshops or allyship training.
The law includes monitoring to ensure compliance: Universities have to submit an annual plan to the Texas Higher Education Coordinating Board before they can spend state money each year, the board may have to testify before a legislative committee regarding the school’s compliance, and the state will audit each institution at least once every four years. If found to be out of compliance, schools will lose state funding. SB 17 also allows students or employees to sue if compelled to participate in DEI training.
In a statement last month, President Jay Hartzell offered that UT will continue celebrating holidays such as Martin Luther King Jr. Day, Black History Month, and Pride Month. “It is important to remember that even while we are complying with the new law and policy, many things will not change … most notably the topics we teach in academic courses, and our research and creative work. Other areas that are unchanged include our ability to attract guest speakers and performers, outreach to increase the prospective-student pipeline, and the provision of health care to patients.” Hartzell promised more detail to come in January.
This article appears in January 5 • 2024.