Legislative Compliance: Frequently Asked Questions

Can SUU continue to administer scholarships with their current parameters if the scholarship is based on involvement with a particular community?

For example, the Allies scholarship is available to any full-time SUU student involved in the Lesbian, Gay, Bi-Sexual, or Transgender community (LGBTQIA+), with a GPA of 2.75.

The University cannot administer scholarships where eligibility for funding is based on identity or membership in a protected class. We CAN, however, administer scholarships based on involvement in a specified community. As long as scholarship eligibility is based on involvement or conduct rather than membership, identity, or standing within a community, the University can still administer those scholarships.

Is payroll going to stop the Staff/Faculty contributions to the Allies scholarship, or can we continue to have those pulled?

Because the Allies Scholarship is a “privately funded” scholarship, payroll deductions are not allowed and existing deductions to this scholarship have been stopped. However, employees can continue to donate privately to the Allies scholarship through the Advancement Office.

How does HB 261 affect my teaching?

Course instructors may use any pedagogically appropriate methods and materials in their courses to fulfill course learning objectives. You do not have to change course titles, content, or materials as long as they are relevant to the course learning objectives. HB 261 has preserved academic freedom related to instruction by exempting "academic course teaching in the classroom" from the restrictions it otherwise imposes.

How does HB 261 affect my scholarly or creative activities?

Principles of academic freedom allow faculty the autonomy to pursue the scholarly and creative activities of their choice. HB 261 has preserved academic freedom related to scholarly activity by exempting "academic research" from the restrictions it otherwise imposes.

Are all syllabi required to be posted in a searchable public database?

Not all syllabi, but syllabi for mandatory courses are to be posted in a public searchable database. A mandatory course is one that is required for graduation, including general education or major requirements and has no alternative courses that can fulfill the same requirement. If there are two or more courses that can meet the graduation requirement, none of those courses are considered mandatory. Details on implementing this will be forthcoming as the Office of the Provost and Faculty Senate develop these procedures.

What is required to be in the publicly available syllabi?

In accordance with HB 261 Equal Opportunity Initiatives, SUU shall publish the title and syllabi of all mandatory courses in an online database readily searchable by the public. SUU defines a mandatory course as required for graduation, including general education or major requirements, for which no other course meets the requirement. Per guidance from the Utah System of Higher Education Commissioner’s Office, a syllabus for all mandatory courses should include the following elements:

• Course information (prefix, course number, course title, course description, credit hours, prerequisite/corequisites)
• Readings (a list of regularly assigned readings)
• Learning Outcomes
• Course Requirements (a brief description of each major course requirement, including each major assignment and examination)
• Course Outline (a general description of the subject matter of each lecture or discussion)
• Late assignment and/or makeup work policy
• Attendance policy
• Course Fees, if not included in the course description

Department chairs will assign faculty members or designee(s) to prepare syllabi. Moreover, the Department Chair or their designee(s) will ensure that syllabi for mandatory courses are uploaded to our public database.

Do all tenured faculty require an Annual Review?

Yes. HB 438 requires that beginning July 1, 2024, a degree-granting institution shall conduct, and a faculty member shall receive an annual performance review of the tenured faculty member's performance. Therefore, beginning fall 2024, all tenured faculty will submit an annual FEC Report to their Department Chair on the third Monday of September with review by the Department Chair and the faculty member by the second Friday of December. We are aiming to have FEC Templates available to faculty in their Faculty Dashboard when contracts begin.

Are Department Chairs required to submit an annual FEC Report?

Yes, Department Chairs will submit annual FEC Reports to their respective Dean.

Are there changes to the Five-Year Review process?

To fulfill requirements of HB 438, the University P&T Committee has been added to the review process to provide peer review by individuals from outside departments and disciplines.

What will happen to the clubs that have historically been sponsored by the Center for Diversity and Inclusion (CDI) or Q Center?

Clubs historically sponsored by the Center for Diversity & Inclusion and Q Center may continue to exist on campus in one of two formats, either as University Sponsored Organizations (USOs) or Independent Student Clubs (ISCs).

In order for clubs and organizations to become USOs, the following criteria must be considered and met:

• Clubs and Organizations that ARE based on personal identity characteristics:
  • May exclude students based on personal identity characteristics
  • Must find a department, where there is a natural tie to the USO, that is willing to serve as sponsor (i.e. Has the capacity and resources. Has the political will. etc.)
  • Must have an educational and/or academic purpose
  • Must focus on educational and academic programming such as cultural events, celebrations, commemorations, lectures, and events that are open to all
  • Must NOT provide student support or services
• Clubs and Organizations that ARE NOT based on personal identity characteristics
  • Must be open to all students
  • Must find a department, where there is a natural tie to the USO, that is willing to serve as sponsor
  • Does not have to have an educational and/or academic purpose
  • Can provide student support or services

In order for clubs and organizations to become ISCs, the following criteria must be considered and met:

• Clubs and Organizations that ARE based on personal identity characteristics
  • May exclude students based on personal identity characteristics
  • Must register as an ISC.
• Clubs and Organizations that ARE NOT based on personal identity characteristics
  • Must register as an ISC.

Is there a way that the student independent clubs can reserve rooms on campus for free?

Yes, currently enrolled students can reserve rooms on campus for free as long as it's a non-commercial activity. If the room requires special set-up (AV equipment, facilities maintenance, etc.), there may be a charge associated with the reservation.

As an employee, how can I support students?

If a student asks for advice or guidance related to the issues noted below or any others, a helpful first question to ask is: "How can I help you?"

Depending on the student's response, you are welcome to connect them to any of the resources below, or additional SUU resources.

• Student Outreach and Support
• Counseling and Psychological Services (CAPS)
• Career Center
• Disability Resource Center
• Financial Wellness
• The Nest  - Student Help Center
• Office of Equal Opportunity & Title IX
• Tutoring Center
• Writing Center
• Dean of Students Office
• Academic Advising

What will happen to identity-based centers like the Center for Diversity and Inclusion (CDI) and Q Center as a result of HB 261?

Programming, offices, and initiatives cannot be based on personally identifiable characteristics, but rather should be based on an individualized assessment of student needs. Therefore, the CDI and the Q Center closed on July 1, 2024. The expanded Student Outreach and Support office has taken on the role of assessing individualized student needs and offering resources. You may hear of other USHE institutions taking alternative approaches, but each USHE institution is under the same set of mandates and are addressing these issues on their own timeline and using their own processes.

Does HB 261 impact the International Affairs Office?

The Office of International Affairs (OIA) provides services and support to help students maintain their nonimmigrant visa statuses in compliance with federal requirements and educates other campus departments on how to support these students. Additionally, any cultural celebrations hosted by the OIA are open to the campus and local community, serving educational purposes as required by the U.S. Department of State for institutions hosting nonimmigrant visa-holding students.

How can I assess whether applicants know how to engage and support individuals of all backgrounds through the employment process?

HB 261 does not limit or prohibit the University from requiring applicants for employment, tenure, or promotion to disclose or discuss their research, teaching agenda, artistic creations, or pedagogical approaches or experiences with students of all learning abilities.

Example of questions to ask in an interview:

• What is your experience in, philosophy about, or plan for supporting students?
• How do you reach students where they are?
• How have you been effective in reaching students of different backgrounds?
• Describe your teaching philosophy.

Additional training will be forthcoming.

What training is prohibited?

The University may not require training or mandatory instruction that promotes prohibited discriminatory practices. Prohibited discriminatory practices include promoting concepts that suggest an individual is inherently privileged, oppressed, racist, sexist, or should be treated differently based on their race, color, ethnicity, sex, sexual orientation, national origin, religion, or gender identity.

How does HB 261 impact speech on campus?

The University (including any colleges, divisions, departments, programs, committees, and/or other sub-units) must maintain neutrality or refrain from taking public positions on political, social, or unsettled issues that do not directly relate to the University’s mission, role, or pedagogical objectives. In particular, the University may not take, express, or assert a position or opinion on:

• Anti-racism
• Bias
• Critical race theory
• Implicit bias
• Intersectionality
• Prohibited discriminatory practices
• Racial privilege

The University may regulate an employee's speech when the employee is engaged in institutional speech or when such speech is representative of the University's position. An employee may be speaking for the institution under the following conditions:

• They are speaking as part of their responsibilities for the institution
• They have been granted authority by statute, ordinance, regulation, job description, custom, or usage
• They are utilizing communication channels commonly or regularly used for institutional communication
• Their message is closely controlled by institutional leadership
• They are purporting to speak on behalf of the institution, or otherwise acting in such a manner that they would likely be perceived by the public as speaking on behalf of the institution

Individuals authorized to speak on behalf of the University may still take, express, and assert personal opinions in other capacities, but should be careful to differentiate personal expression from institutional speech. For example, using phrases such as "this is my opinion, and I am not speaking on behalf of the University."

HB 261 does not abridge academic freedom as defined in SUU Policy 6.6 nor First Amendment rights guaranteed under the United States Constitution to members of the campus community speaking in their personal capacity and academic pursuits (e.g., teaching and research/scholarly activity). Faculty, staff, and students are encouraged to engage one another in the exchange of knowledge and ideas through teaching, research, critical evaluation, civil discourse, and debate.

What are the plans for campus safety surrounding those who have Safe Zone training stickers on their doors?

This issue is still being discussed at the Legislative Compliance Working Group and the President's Cabinet levels. Information will be posted as decisions are made.

What can the University do about negative public commentary on office space displays?

Outward facing office doors and office name placards are public spaces and therefore open to public scrutiny. The University cannot limit free speech in a public venue, on either side of the equation (i.e. the person who posted something and the person who is reacting to the item that has been posted). Any threats of violence should be reported to SUU Police and all responses will be handled within the scope of the law and state/university policies.

What will happen to professional associations or organizations, including but not limited to Pride Alliance and the Women's Network?

HB 261 prohibits the use of university resources and support for individuals or groups based on the following personal identity characteristics: race, color, ethnicity, sex, sexual orientation, national origin, religion, or gender identity.

Organizations whose mission is to provide educational programming around these identity characteristics are allowed as long as they:

• are open to everyone
• are not mandatory
• clearly and expressly indicate that they are for educational and academic purposes

Organizations whose mission is to provide resources and support based on personal identities listed above are prohibited.

Can I still use the words diversity, equity, and inclusion?

In classes/scholarly and creative activity: Yes. You do not need to self-censor. Additionally, these terms may be used for accreditation compliance or where required by federal law or statute.

In official institutional efforts (e.g., programs, departments, colleges/schools): The use of any combination of the terms "diversity, equity, and inclusion" is prohibited by the statute for official institutional speech. For unit statements including mission, vision, values, goals, and plans, consider what other language reflects the goals and priorities of the work.

What does "providing support and resources" mean:

SUU interprets support to include the usage of university spaces and/or resources. HB 261 specifically states, "financial aid, career counseling, and academic advising," were included in HB 261 within its definition of student success centers that could replace identity-based centers, which leads us to believe these are of primary concern.

Is there still consideration for a Center for Cultural Exchange (CCE)?

Upon further analysis, our hope is that the cultural celebrations, once supported by the CDI and Q Center, will continue via the university departments that sponsor student cultural clubs. We do not believe that we need to duplicate these departments through an additional Center for Cultural Engagement.

Can I display personal items in my office or workspace?

Current legislation allows for university employees to display personal items post credentials and certifications in personal workspaces. Personal workspaces so far have been defined as space inside personal offices, the exterior of one’s own office door, the office nameplates/placards just outside office doors, and email signatures. As employees earn credentials, they are welcome to display them in these defined areas.

There are some circumstances where the University may limit display of personal or decorative items within an office or workspace when such items:

• create undue risk or safety concerns;
• disrupt or inhibit University business or activities;
• create or involve a conflict of interest; or
• are specifically prohibited by law.