UT System sets rules to comply with new Texas tenure, anti-DEI laws

The University of Texas System Board of Regents on Thursday approved internal policies to guide its institutions of higher learning through two state laws the Legislature approved in summer that affect tenure and diversity, equity and inclusion initiatives.

Senate Bill 17, which goes into effect Jan. 1, prohibits DEI offices and programs at Texas public universities. Senate Bill 18, which went into effect Sept. 1, expands the reasons for which tenured faculty can be fired.

“We really want to make something crystal clear, whether you like the policy or whether you like this law or any other law, the University of Texas System is going to respect the process, and we're going to respect the law,” UT System Chairman Kevin Eltife said. “We're not going to look for loopholes. We're not going to look for workarounds. We're going to implement the law as passed.”

Eltife thanked the vice chancellors and presidents for their work on the policies, and he reiterated the board's commitment to following the law.

Tenure at Texas universities

The UT System last updated its rule regarding firing faculty members on Oct. 11 to comply with SB 18, which had gone into effect a month earlier. The updated guideline included "good cause" as a reason for which a professor may be terminated after having due process.

Last month, the American-Statesman reported that a UT-Tyler professor was challenging her termination after she was fired without being offered due process. After the Statesman's report, UT-Tyler's president emailed staff members and admitted that a tenured professor was not offered due process in her termination and promised to fix the issue.

'Challenging this termination': UT-Tyler professor fired without due process, emails say

UT System Chancellor James Milliken, when introducing the new guideline for faculty terminations, emphasized the importance tenure has in attracting and retaining professors. He said the UT System is committed to providing due process in all cases in which a termination is proposed.

The new UT System policy identifies 10 reasons for which a tenured faculty member may be fired, including professional incompetence, failure to meet responsibilities, conduct involving moral turpitude, violation of laws or policies, unprofessional conduct, failure to accurately represent or maintain academic credentials, or sexual misconduct.

SB 18 only defines eight reasons, but it gives institutions authority to make their own definitions of good cause in their policies.

The new policy also states that summary dismissal can be initiated when it's in the academic or health institution’s best interest to remove a faculty member when the allegations against them involve serious safety threats to the campus or national security or could have “a significant adverse impact” on the institution. SB 18 does not include that qualification.

The violations must be “sufficiently serious in nature,” according to the approved policy.

More: UT-Tyler admits tenured professor not offered due process, vows to rectify 'immediately'

Each of the UT system's nine academic and five health institutions are required to adopt their own guidelines regarding faculty termination that are consistent with the system's policy and the law, according to the board-approved rule. The chancellor and other board officials will then approve the institutions' policies.

Diversity, equity and inclusion at Texas universities

The UT system, in a 14-page question and answer document, previously released intentionally broad guidance on how it will comply with SB 17, the state law that bans DEI offices and programs at public universities in Texas. On Thursday, the board approved a policy that implements the SB 17 requirements and provides additional clarification and guidance to UT institutions, which will make their own policies.

“We also understand and all support our mission to provide affordable access and robust student support to the richly diverse population of Texas," Milliken said when introducing the policy.

As per the system's policy, each institution will create an environment that promotes academic freedom and education “free from any requirements to exhibit or reflect a specific ideology or political view and without providing advantages or disadvantages to individuals based on race, sex, color, ethnicity, or national origin.”

Each UT institution is required to create its own DEI-related policy and report to the chancellor its compliance with SB 17 and the system's guideline. The Board of Regents will then submit the policies to the Legislature and the Texas Higher Education Coordinating Board to certify the board’s compliance.

As per SB 17, higher education institutions cannot spend any money from the state for the fiscal year until the board certifies its compliance. Jan. 1 is the deadline to comply.

What's not allowed under SB 17

The new UT System policy prohibits diversity, equity and inclusion offices established at its institutions to influence hiring or to offer differential treatment, special benefits, policies or trainings in regard to race, sex, color or ethnicity

The UT System specifically interprets “special benefits” ― which are not defined in SB 17 ― as “a term, condition, opportunity, or privilege that is unavailable, or substantially better than what is available, or provided to others.”

The system also specifies that both voluntary and required trainings implemented in reference to race, color, ethnicity, gender identity or sexual orientation are prohibited under SB 17 (unless developed and approved by designated officials to comply with court order, state or federal law).

Prohibited DEI trainings do not include Title IX trainings on compliance, sexual harassment or equal employment opportunity.

The policy states that any employee “whose position is eliminated” through implementation of this new rule may be reassigned, invited to apply for a different position, or provided with a letter of recommendation and reemployment assistance. It is not clear how many employee positions in the UT system will be affected.

Exemptions under SB 17

The UT system policy also included information about what is exempt from the law, including academic course instruction, grant proposals, research or creative work, policies to enhance student academic achievement, data collection, student admissions and guest speakers.

Recognized historical events, institutional investigative units and wellness initiatives are also exempt.

Furthermore, programs designed in reference to sex are lawfully allowed, the policy states, such as single-sex dormitories and athletic programs. Academic programs like Women in STEM are also allowed if they allow everyone to participate. The policy clarifies that these programs would be permissible “as opposed to (programs or activities designed in reference to) gender identity or sexual orientation,” which are not allowed.

The Statesman reported last week about an internal UT Austin document regarding SB 17. The document said that sponsored student, faculty and staff organizations must comply with SB 17 guidelines to keep their sponsorship or become a registered organization. Registered organizations do not have the same university support or funding as sponsored organizations do and are exempt from SB 17.

The policy also affirms that registered student organizations are not subject to the policy's prohibitions, but states that sponsored organizations may be affected depending on the amount of institutional involvement.

More: How will UT change under anti-DEI law? Document shows how students, faculty are affected

Consequences for violating SB 17

As per SB 17, public higher education institutions will be audited every four years to determine if any state money was used in violation of the DEI-related law.

Any institutions that are found to have violated SB 17 must address it within 180 days, or they will become ineligible for formula funding increases, institutional enhancements or exceptional items.

The UT System policy states that employees and contractors are also “subject to discipline, up to and including termination” for any violations, and its institutions can use existing or develop new discipline procedures to address any violations.

UT system institutions are also responsible for educating their community members about the new policies.

This article originally appeared on Austin American-Statesman: UT System sets rules to comply with new Texas tenure, anti-DEI laws