ST. GEORGE — Utah Tech University has expressed its intent to adhere to legislation surrounding the dismissal of so-called “diversity, equity and inclusion” initiatives at the state’s colleges and universities.
The bill, HB 261, “Prohibition of Discriminatory Practices in Higher Education and Public Institutions Act,” was approved in the state Legislature last week and signed into law by the governor on Tuesday.
“Utah Tech University will work collaboratively with the Utah Board of Higher Education and the Utah State Legislature to implement any bills passed during the legislative session,” Utah Tech said in a statement. “We will evaluate H.B. 261 in greater detail in the coming weeks to gain a better understanding of the impact it will have on the Utah Tech campus. As part of our mission, Utah Tech remains committed to supporting all our students as they work to achieve their educational goals.”
The Utah Board of Higher Education, which governs the state’s public universities, including Southern Utah University in Cedar City and Utah Tech in St. George, said in a press release they are hopeful that the bill won’t prohibit public access to state institutions.
“We remain focused on ensuring that all Utahns have access to higher education and removing barriers that prevent students from attending our institutions and earning a degree or certificate,” the press release states.
H.B. 261 prohibits institutions of higher education from taking certain actions with regard to race, color, ethnicity, sex, sexual orientation, national origin, religion or gender identity. This includes admissions, employment decisions, participation in programs and qualification for state financial aid.
The bill defines equal opportunity initiatives as programs that “prohibit an institution of higher education from requiring an individual, before, during, or after admission or employment, to provide certain submissions or attend certain training that promotes differential treatment.”
This also means that institutions can no longer require their employees or faculty to attend training that promotes differential treatment of individuals based on their characteristics.
Oversight and adherence to the bill’s contents gives the power of enforcement to the state auditor, ensuring that a biennial review will be conducted and failure to comply with the reviews may lead the state to withhold funding. Legislative oversight for this bill requires regular reporting to the Higher Education Appropriations Subcommittee.
In its press release, the Utah Board of Higher Education said it is confident that there will be an ongoing dialogue with the legislators to ensure adherence.
“We believe this legislation (H.B. 261), as currently drafted, allows us to continue our mission to serve students and engage in world-class research and discovery. Nevertheless, working to resolve these issues through legislation presents difficult challenges that will require ongoing cooperation.”
The bill acknowledges exceptions, such as requirements necessary for athletic and accreditation compliance, academic research and federal program eligibility. It also outlines a procedure for individuals to submit complaints against institutions for alleged violations.
The board states that it is “committed to understanding and addressing objectives raised by Utah’s Governor and Legislature regarding Diversity, Equity, and Inclusion initiatives across our public institutions.”
The bill was signed into law by Gov. Spencer Cox on Tuesday.
“We’ve been concerned about some DEI programs and policies, particularly with hiring practices, and this bill offers a balanced solution,” Gov. Cox said in a statement. “I’m grateful to the Legislature for not following the lead of other states that simply eliminated DEI funding with no alternative path for students who may be struggling. Instead, this funding will be repurposed to help all Utah students succeed regardless of their background.
“We firmly believe that Utah is stronger because of our diversity and we remain committed to keeping our state a place where everyone can thrive. Over the past three years, our administration has worked very intentionally with many community stakeholders to expand opportunities for all Utahns and we will continue to do so.”
The chief bill sponsor, Katy Hall, said during the Jan. 26 floor debates that “the intent of this bill is that we treat everyone as an individual and as an individual taking into account all their circumstances, capabilities, opportunities and experiences with the goal of providing equal opportunities for everyone.
“It is asking our state entities to provide an environment where everyone, if they work hard enough, and if they want to, can succeed. It will also provide an environment where civil discourse and a marketplace of ideas can flourish again on our university campuses.”
The bill passed 23 to 6 in the Senate, with all three of Southern Utah’s senators voting in favor, including Derrin Owens, Evan Vickers and Don Ipson
In the House, the bill passed 60 to 14 with one abstaining or not present vote. Southern Utah Reps. Phil Lyman, Rex Shipp, Joseph Elison, Colin Jack, Neil Walter and Walt Brooks all voted in favor of the bill.
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