Editor’s note: The 2024 General Legislature remains in session until March 1. This FAQ will be updated as we learn more.
During the 2024 General Legislature, lawmakers adopted HB 261, “Equal Opportunity Initiatives,” prohibiting state higher education institutions from relying on certain individual characteristics in decisions regarding aspects of employment or education.
The law, which was signed by Gov. Spencer Cox on Jan. 30, eliminates central offices dedicated to equity, diversity and inclusion, and prohibits policies, procedures, practices, programs or initiatives that are referred to as diversity, equity and inclusion. The law prohibits the use of diversity statements or commitments in hiring or admission processes and requires that dedicated resource centers serve all students.
Lawmakers carved out protections for classroom instruction, research and accreditation. Federally funded grants approved by the Board of Trustees or the Board of Higher Education that include certain diversity expectations are allowed. Lawmakers also created an exception for an institution to establish or maintain eligibility for a federal program and meet accreditation requirements. They also updated the legislation to allow the University of Utah to maintain its memorandum of understanding with the Ute Tribe.
The legislation will go into effect on July 1, 2024. Through the Utah System of Higher Education, colleges and universities must report their compliance in 2025, and every other year after 2026.
Over the next several weeks, university leaders will be reaching out to key teams from across campus to determine which people, processes and policies may be affected. Please don’t hesitate to share your questions and concerns at president@umc.utah.edu.
Frequently asked questions
To quote university leaders’ statement from Feb. 1:
“Every member of the University of Utah community matters. Unique life experiences and perspectives make the university’s campus the vibrant place that it is for learning, teaching, conducting research and providing exceptional health care. We will continue to foster a campus community that welcomes everyone.”
“We care deeply about each member of this campus community—students, faculty and staff—and appreciate the work each of you do to strengthen the university and support student success. This work is done one by one, with attention to individual needs. The university is committed to being a place where all students, faculty and staff can thrive.”
There is no plan to lay off any colleagues working on issues of diversity, equity and inclusion.
While the new law requires the elimination of the University of Utah’s two central EDI offices—one on main campus and another on the Health Sciences campus—it does not require that their employees be laid off. University leaders are committed to helping employees working in current EDI offices continue working at the U, although the work they do may change.
No other offices whose projects have included efforts to build equity, diversity and inclusion will be reconfigured. Some titles may change to better reflect the work being done to support all students’ success (as well as faculty and staff) and to follow the new state law.
The work of creating a community of care, where all feel a sense of belonging, is woven throughout the University of Utah campus—in classrooms, staff offices, faculty communities, health care clinics and on the fields of play. This effort to foster a campus community that welcomes everyone, where every member matters, will continue.
Campus resource centers—the American Indian Resource Center, Black Cultural Center, Dream Center, LGBT Resource Center, Women’s Resource Center and others—will continue to serve all students.
College and department offices, initiatives and programs focused on student success and support, as well as faculty and staff success and support, will continue their work.
Different life experiences, perspectives and approaches to the work done on campus—learning, teaching, conducting research and providing exceptional patient care—make the U the exceptional place it is. University leaders remain committed to protecting this place, where all students, faculty and staff can thrive.
The new law preserves exceptions for initiatives, offices and research that are funded by federal grants. You should work with the Office of General Counsel to determine whether this exception applies to a specific program.
All federal laws and policies still apply, including, but not limited to immigration programs governing student, staff and faculty visas; Title IX and Office of Equal Opportunity functions; and Title VI, Title VII and civil rights protections and discrimination reporting processes.
The University of Utah will continue to advertise faculty positions broadly, including to potential candidates from a broad range of backgrounds and experiences. The university will continue to recruit and select highly qualified candidates from all backgrounds. As of Jan. 8, per a directive from the Utah Board of Higher Education, the U stopped using diversity statements in the hiring process. However, job postings may continue to note the importance of candidates’ ability to teach students and trainees from a wide variety of backgrounds, and interviews can include questions about a candidate’s strategy for teaching or mentoring the students or trainees that your department serves. An in-depth FAQ about hiring procedures is available here.
The U’s overall recruitment process encourages diversity by reaching out to all students admissible in Utah as well as many possible applicants who live out of state. We have staff members dedicated exclusively to doing outreach to students from domestic minority groups within Utah. Our acceptance process is the same for all applicants. Read an FAQ about student recruitment efforts here.
H.B. 261 does not dictate how you teach within your field of expertise. The Martha Bradley Evans Center for Teaching Excellence is working on guidance and resources for syllabi development and will update their materials and resources.
Yes, HB 261 expressly exempts research and classroom teaching from its general prohibitions relating to these categories. This means that you have academic freedom to research and teach on any concepts related to these characteristics.
No. The exemption is limited to research and classroom teaching on these concepts. If you are teaching a class relating to these concepts, your syllabus can and should include references to what will be studied. Syllabi should not express your personal values relating to equity, diversity and inclusion, but may include classroom expectations regarding respect and civility toward all educators and class participants.
No. Under university policy, state, and federal law, it is illegal to discriminate against, or harass someone based on their race, color, national origin, sex, disability or religion. Nothing in HB 261 changes this. All incidents of discrimination and harassment should be handled as they have been in the past and referred to OEO.
Privately funded scholarships dedicated to supporting students from traditionally underrepresented groups may continue.
The University of Utah has a unique relationship with the Ute Tribe. Lawmakers were aware of the memorandum of understanding with the Utes and amended the legislation to preserve its terms.
In spring 2023, 57 students qualified for the Native Scholarship; 33 were recipients (one from the Ute Tribe). In fall 2023, 66 students qualified for the Native Scholarship; 47 were recipients (one from the Ute Tribe).
When the legislation takes effect in July, Indigenous students who are enrolled tribal members will continue to qualify for the Native Scholarship as members of a federally recognized sovereign nation.
State lawmakers crafted the law so that it does not interfere with accreditation processes. The Utah System of Higher Education will help to set new guidelines for state colleges and universities.