Legislative Update: Frequently Asked Questions

How does this 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 this 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.

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

What will happen to identity-based centers like the Center for Diversity and Inclusion (CDI) and Q Center?

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 will be closed by July 1, 2024. The expanded Student Outreach and Support office will take on the role of assessing individualized student needs and offering resources. SUU is currently working with students and stakeholders to redevelop the spaces in the Student Center into areas where all students can find support and camaraderie. 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.

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

Clubs can continue to operate as University-Sponsored Organizations or Independent Student Clubs. If a club would like to remain sponsored by the university, it must be open to all students and have an educational focus (i.e. learning outcomes), and members must find an academic department to sponsor the club. SUU will support clubs formerly sponsored by the Q Center and CDI during this transition. For additional information, reach out to the Executive Director of Belonging and Engagement, Ashleigh Zimmerman, ashleighzimmerman@suu.edu.

Does this 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 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 this bill 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 such 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 will happen to professional associations or organizations, including but not limited to Pride Alliance and the Women’s Network?

The bill 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 missions are 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 the bill 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?

Employees may display personal items within their assigned office or workspace. Display of personal or decorative items should be limited to assigned office or workspaces. Spaces outside of or outward facing from an assigned office or workspace are considered University space and are not available for personal use without appropriate authorization.

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.