Under new state law, university transforms diversity efforts

Over the past six months, the University of Utah has reimagined how to create a welcoming campus under a new state law limiting traditional efforts to build diversity.

Everything from the language used to define access and equal opportunity to the structure and operations of student resource centers to the hiring practices used to recruit staff and faculty has changed.

As Utah’s flagship institution of higher education, the U follows state law. At the same time, university leaders remain committed to the core values and mission of the institution. In a February 1 statement to campus, President Taylor Randall, Senior Vice President for Health Sciences Michael Good and Senior Vice President for Academic Affairs Mitzi Montoya wrote:

“Every member of our University of Utah community matters. The unique life experiences, perspectives and approach to the work you do make our 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.”

The transition to this new way of doing things has been implemented across campus—a complex and, at times, painful process.

Read more below for detailed explanations of each legislative initiative:

Hiring Practices and Viewpoint Diversity

HB 261—Equal Opportunity Initiatives

When Gov. Spencer Cox signed HB 261 into law on Jan. 30, university leaders launched a comprehensive review of the policies, people, and programs that would be impacted—which job titles and descriptions would change, which offices would close, and which personnel would be reassigned.

University attorneys started the detailed work of analyzing the way the legislation would change the U—in ways tangible and intangible.

Throughout the spring, the university offered answers to frequently asked questions and updated guidance, including:

Guidanceregarding language; student and faculty recruitment; training; and data collection
Practical tipsto prepare for classes under the new state law
Information about the elimination of the Division of Equity, Diversity and Inclusion and reassignment of its staff to Student Affairs and other offices

On May 3, the Utah Commissioner of Higher Education provided additional guidance for Utah colleges and universities working to implement changes required by the legislation, including recommended updates to hiring practices, language use, academic freedom and research policies, mandatory and voluntary diversity trainings, and guidelines for student clubs.

After USHE’s guidance document was released, it became clear to University of Utah leaders that many of the U’s cultural resource centers would have to close.

For example, the USHE document states that centers focused on specific identities must be approved by the Utah Board of Higher Education.

Further, "centers must not provide student success and support resources, such as academic advising, financial aid counseling, and tutoring." Instead, such resources should be accessed through the institution's "offices of student success and support, or previously established student services offices."

Additionally, the guidance mandated that cultural centers like the Black Cultural Center (BCC), Center for Equity and Student Belonging (CESB), LGBT Resource Center and Women’s Resource Center:

“Be approved by the Board of Higher Education consistent with Board Policy R401. As part of its compliance duties, the Board will review previously existing centers to determine if they conflict with the provisions of HB 261;”
“To the extent centers may continue to operate, all centers’ purposes must be focused on cultural education, celebration, engagement, and awareness to provide opportunities for all students to learn with and from one another;” and
“Be organizationally separate and distinct from student success and support services.”

On June 20, the university announced structural changes within the Office of Student Affairs to comply with HB 261. In line with the new guidance from the commissioner and the Utah Board of Higher Education, Student Affairs will:

Centralize student resources like scholarship cohort coordination, advising, and referrals to mental health and wellness services under a new Center for Student Access and Resources
Create a new Community and Cultural Engagement Center (pending approval from the Utah Board of Higher Education) focused on cultural education, celebration, engagement and awareness
Reorganize the student services and cultural offerings of CESB, the Women’s Resource Center and the LGBT Resource Center under the two new centralized centers, and close all three existing centers

The American Indian Resource Center will be renamed the Center for Native Excellence and Tribal Engagement, and will continue to work with tribal nations, including as the liaison with the Ute Indian Tribe under the tribe’s MOU with the university.

And the BCC building at Fort Douglas will remain open as a community gathering space.

“As we’ve evaluated how best to comply with the legislation, I want to be clear that we’ve faced very difficult decisions,” said Lori McDonald, vice president for Student Affairs. “The law and subsequent guidance require a foundational change in how we approach student support, and we will follow the law. This isn’t about changing the words we use; we’re changing how we approach the work.”

As the centers close, their websites and the site for the Division of Equity Diversity and Inclusion will be archived. University Marketing and Communications shared suggested website language changes with communications staff and webmasters in the middle of June. Marriott Library is preserving a history of the pages.

New websites will be developed for the two new centers. Some of the general student services and community engagement content created for the BCC, CESB, LGBT Resource Center and the Women’s Resource Center websites may be edited and repurposed on the new online pages.

HB 257—"Sex-based Designations for Privacy, Anti-Bullying and Women’s Opportunities”

Tenure and faculty governance

Provost Mitzi Montoya noted the impact and history of the student resource centers that are closing—53 years for the Women's Resource Center, 21 for the LGBT Resource Center and more than 50 years for the Center for Equity and Student Belonging and its predecessor, the Center for Ethnic Student Affairs—in her "Provost Perspectives" newsletter June 27.

"I recognize that these changes are difficult," said the senior vice president of academic affairs. "However, as this new organization takes shape, I am confident that our students, faculty and staff will continue to receive the personalized support and services they need to thrive and succeed as we foster an ongoing culture of care."

On July 1, HB 261 takes effect. Next year, the university is required to report back to lawmakers and the Board of Higher Education about the institution’s efforts to comply with the new law. Beginning in 2025, the board will conduct reviews of the schools’ compliance and report back to the legislature by Nov. 1 of each year.

"All around us are radical shifts, but as educators, it is our calling to rise to the challenges of the day and find a better way forward," Montoya added. "Our U of U community has not changed. As we lead by example, supporting each other in association and academic excellence, focusing on individualized care for each student, we will foster an environment where every student can excel and reach their full potential, despite the challenges we face."