Here’s What Utah’s Anti-DEI Law Actually Did to Colleges
Credit: Image Credit: UCG / Contributor / Universal Images Group / Getty Images- The University of Utah and Weber State University closed their cultural centers ahead of the law’s enactment at the beginning of this month.
- Utah seemingly will not force former diversity, equity, and inclusion offices to shut down as long as they provide access to all students.
- Gov. Spencer Cox confirmed that the Utah universities were not required to close their cultural centers.
Utah colleges and universities are adjusting their diversity, equity, and inclusion (DEI) policies and changing DEI offices to comply with Utah’s anti-DEI law — the Equal Opportunity Initiatives (HB 261).
Unlike laws in Texas, Ohio, and Florida, Utah’s law prevents offices from referring to or using DEI
in the name but allows them to continue operations as long as they’re open to all individuals.
Gov. Spencer Cox recently defended Utah’s approach to DEI, saying the state is making a huge difference
in how it’s approaching the subject and that there will likely be some changes to the law to make more people feel included.
However, the University of Utah and Weber State University closed all their cultural centers ahead of the law’s enactment on July 1, despite no wording in the law preventing them. Cox confirmed July 19 that the cultural centers didn’t have to close, and he clarified that the law was meant to use their resources to help everybody.
We don’t want anyone to feel marginalized or pushed out. That was not the intention at all of this bill,
Cox said. We want to make sure that they’re creating new spaces, healthy spaces, for people that, again, can involve all students and bring people together.
What Does the Law Say?
HB 261 — like laws in Florida, Ohio, and Texas — bans DEI offices and DEI training for university employees. However, Utah’s law just prohibits offices from referring to diversity, equity, and inclusion or keeping the term in their name.
If those offices ensure that all students have access to programs providing student success and support
and do not mention diversity, equity, and inclusion,
they can stay in operation.
Utah, unlike Texas, seemingly will not punish these offices as long as they provide access to all students. Texas Sen. Brandon Creighton — the author of the state’s DEI ban — threatened to freeze funding to institutions in March for simply renaming DEI offices and associated job titles.
This letter should serve as notice that this practice is unacceptable — and also a reminder that SB 17 encompasses stringent enforcement provisions, including the potential freezing of university funding and legal ramifications for noncompliance …,
his letter said.
Utah’s law also prohibits personal identity characteristics in financial aid, scholarships, and tuition waivers, which put Utah’s Native American tuition waiver program at risk for a time.
Through the waiver program, members from any of Utah’s eight sovereign tribal nations can attend four of the state’s public institutions for free.
The law’s sponsor, state Sen. Keith Grover, previously said the waivers may be eliminated as an unintended consequence
of the law. However, he has since told BestColleges that he isn’t concerned about the legislation affecting Native American tuition waivers.
Native American tribes are sovereign nations and federally recognized political entities, and, therefore, not subject to HB 261,
Grover told BestColleges in February. I expect no legal action as there are no grounds.
Utah State University and Salt Lake Community College confirmed to BestColleges that they wouldn’t revoke the waivers because they are based on federally recognized tribe membership.
How Universities Are Responding to the Law
The University of Utah and Weber State University recently announced the closures of their respective cultural centers, which serve different student demographics, despite the law not explicitly requiring these centers to be closed.
The University of Utah is closing the Center for Equity and Student Belonging, LGBT Resource Center, and Women’s Resource Center and reorganizing student services and cultural offerings. If the board of higher education approves it, the university will create a new Community and Cultural Engagement Center for cultural education, celebration, engagement, and awareness.
The university is also closing the Black Cultural Center. Its programs will be merged into the Center for Community and Cultural Engagement, keeping the physical space open as a community gathering space.
The American Indian Resource Center will become the Center for Native Excellence and Tribal Engagement, and the university will continue working with local tribal nations.
As we’ve evaluated how best to comply with the legislation, I want to be clear that we’ve faced very difficult decisions,
Vice President for Student Affairs Lori McDonald said in a press release about the changes.
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.
Weber State University eliminated all of its cultural centers, KUER 90.1 reported:
- The Black Cultural Center
- The Native American Cultural Center
- The Hispanic & Latino Cultural Center
- The Pan-Asian Cultural Center
- The Pasifika Cultural Center
- The Dream Center for undocumented students or those from mixed-status families
- The LGBTQ+ Resource Center
- The Women’s Center
The university will turn all centers into one Student Success and Engagement program, Weber President Brad Mortensen said, according to the Standard-Examiner.
While neither the University of Utah nor Weber State has eliminated positions, five employees at the University of Utah have left and the positions haven’t been refilled, saving the university about $500,000, University of Utah President Taylor Randall said, according to the Standard-Examiner.