Legislation passed during the 2024 Legislature prohibits state higher education institutions from engaging in certain efforts to build diversity on campus. The “Equal Opportunity Initiatives” law, or HB 261, takes effect on July 1, 2024, and will require organizational changes and some shifts in services and advocacy efforts. However, the law includes protections for academic freedom in research and teaching, viewpoint diversity, and federally funded grants, programs and initiatives that seek to improve access and services for underserved and underrepresented populations.
The new law explicitly preserves and strengthens protections for academic freedom and viewpoint diversity. As we receive additional guidance from the Utah System of Higher Education (USHE) and state lawmakers in the coming weeks and months, faculty are encouraged to avoid unnecessary self-censorship and reach out for support and information when needed. The Office of the Vice President for Research (VPR) can advise about federally funded research projects. The Offices for Faculty and The Graduate School can help with faculty and post-doctorate job postings. The Center for Teaching Excellence provides trainings and guidance for faculty to strengthen pedagogical and classroom engagement skills.
Below are responses to frequently asked questions on this topic. This document will continually be updated as needed. Please continue to send your questions.
For all questions related to HB261, start by asking yourself these questions:
- Does the work or endeavor use the term equity, diversity and/or inclusion? If so, what language would better reflect the goals and priorities of the work?
- Is the endeavor required under federal or state law for accreditation? If so, it’s most likely protected under the legislation and continuing the work is allowed.
- Is the endeavor part of your course instruction or academic research? If so, it’s most likely protected under the legislation and continuing the work is allowed.
- Is the program or endeavor open to all? If it isn’t, access should be made available to all members of the campus community.
- Is the endeavor designed to avoid discrimination? If so, it’s most likely protected under the legislation and continuing the work is allowed.
The bill includes carve-outs for federally funded grants. Contact the VPR’s office for help with specific grants. All superseding federal laws and policies still apply, including: immigration programs governing student, staff and faculty visas; Title IX and Office of Equal Opportunity functions; and civil rights protections and discrimination reporting processes.
The university is seeking further information about this requirement. However, it is important to note that this applies only to mandatory courses. This requirement does not apply to all classes. More information on this question will be provided as soon as possible.
Yes. HB 261 does not curtail academic freedom or alter coursework, research, or instruction. In fact, it specifically protects academic freedom in teaching and research.
In addition, in December, 2023, the Utah Board of Higher Education passed a resolution calling on institutions in the Utah System of Higher Education to follow policies and procedures that protect and cultivate academic freedom. The resolution says, “Faculty must be free to investigate, research, discuss, publish and teach within their academic expertise and on topics relevant to course curricula without interference from institutional administrators, elected officials, governing boards, or other entities.” The resolution also calls on institutions to introduce campus communities to diverse viewpoints “including inviting speakers, sponsoring symposiums and lectures, or presenting other opportunities to hear differing perspectives and ideas.”
The legislation does not address the use of land acknowledgement statements.
As always, any use of a personal value statement in a syllabus or in the classroom should have a pedagogical purpose. That purpose might be to articulate course expectations regarding respect and civility toward all educators and class participants, for example. This passage from Faculty Code (6-316) is a useful framework when deciding what information to include on syllabi and in the classroom: “Faculty members must not . . . preempt[] substantial portions of class time for the presentation of their own views on topics unrelated to the subject matter of the course. When faculty members find it pedagogically useful to advocate a position on controversial matters, they must exercise care to assure that opportunities exist for students to consider other views.”
Academic Freedom is strengthened by this bill. Visit this link for more in-depth information on campus policies related to Academic Freedom.
Faculty at the University of Utah have tremendous skills in navigating a variety of considerations in their academic practice, including discussing subject matter, managing time, encouraging student ideas or questions, and responding to discriminatory or harassing remarks.
Key considerations to use when determining subject matter and how to manage student speech in the classroom are the questions:
- “How does this relate to the content/purpose of my course?”
- “How can I manage this discussion to best serve the learning outcomes for this course?”
- “What can I do, right now, to ensure a welcoming learning environment for all of my students?”
Yes. Academic Freedom in research is protected by this bill.
Existing university policy (i.e. Faculty Code 6-316) and good pedagogical practice provides guidance on how faculty engage with students. This bill does not restrict our pedagogical practice.
This is not required by the bill and is outside of the IRB’s purview. If an instance of this occurs, please bring it to the attention to the VPR’s office.
The 2024 legislative session presented extraordinary challenges for higher education as state decision-makers questioned the value, cost, and ideological bent of Utah’s institutions of higher learning. This skepticism follows a national narrative of distrust in the academy.
President Taylor Randall and Vice President for Government Relations Jason Perry led the U’s efforts to convey the vision, mission, values, and priorities of our institution. This involved significant outreach before the session and daily deliberations during the session. The Academic Senate president and members of the Board of Trustees assisted with the U’s strategy and outreach. President Randall spent an extraordinary amount of time in one-on-one conversations and deliberations outside of the public eye. Legislative leaders revised many bills because of this input, and input from other Utah higher education institutions.
Legislative successes include lawmakers approving more than $110 million in funding for the university’s capital projects and $400 million in bonding authority for the West Valley Hospital project, a 3% compensation bump for higher education workers, and $2.5 million in funding for the U to host one of the 2024 Presidential Debates.
University leadership welcomes faculty input on how to improve legislative outcomes. Faculty can also participate in the process as public citizens. If faculty want to contribute in areas related to their expertise, they are invited to reach out and bring their expertise to the administration’s attention.