In the early stages of discussions about the so-called "divisive concepts" legislation, the question was raised as to whether or not the University of Alabama System and Auburn University could be compelled by an act of the Alabama Legislature to adhere to such a ban given both schools have specific language regarding their governance in the Alabama Constitution.
After a years-long exhaustive legislative process, Gov. Kay Ivey signed "divisive concepts" legislation into law on Wednesday, clearing the way for eradicating so-called diversity, equity and inclusion programs at the state's public institutions of higher learning.
Early indications from both the University of Alabama and Auburn University suggest compliance.
Immediately after the bill's passage this week, a memo signed by University of Alabama chancellor Finis St. John, University of Alabama president Stuart Bell, University of Alabama in Huntsville president Charles Karr and University of Alabama at Birmingham president Ray Watts was sent out to University of Alabama students, faculty and staff.
Dear faculty, staff and students,
Senate Bill 129 has passed the Alabama House and Senate, and it is expected that Governor Ivey will soon sign the bill into law. This legislation, which will go into effect October 2024, will limit certain types of campus activity related to what the bill defines as “divisive concepts” as well as defined diversity, equity and inclusion programs.
The University of Alabama System and each of its institutions are dedicated to our mission of providing exceptional educational, research and patient care experiences to all people, of all backgrounds, in welcoming and supportive environments that foster open thought, academic freedom and free expression. This priority will remain.
In the coming months, University leadership and legal counsel will assess the final language of the legislation to determine what actions are needed to ensure we can continue to fulfill our multifaceted missions in compliance with applicable state and federal law. It is important to note that SB 129 defines divisive concepts and DEI programs in specific terms, and it offers several exceptions for accreditation requirements, academic freedom, medical and mental health care, research, recruiting and outreach, and a host of other areas. Please look to official university communications for guidance as we continue to assess the legislation.
We recognize differences strengthen our campuses and help us successfully prepare students to live and work in a global society. We remain committed to recruiting and retaining outstanding students, faculty and staff from all backgrounds, providing open and equal access to resources and opportunities, and equipping all campus community members for success at our universities and beyond.
Finis St. John, Chancellor
University of Alabama SystemStuart Bell, President
University of AlabamaCharles Karr, President
University of Alabama in HuntsvilleRay Watts, President
University of Alabama at Birmingham
Auburn University leadership released a similar message to its students, faculty and staff, suggesting an adherence to the new law.
Dear Students, Faculty and Staff,
Earlier today Alabama Gov. Kay Ivey signed into law Senate Bill 129, which received final passage by the Alabama Legislature yesterday.
SB 129 relating to diversity, equity and inclusion will be effective Oct. 1, 2024, and will affect DEI offices and the use of state funds to sponsor DEI programs and activities.
As Auburn University continues to evaluate the implications of SB 129, it is important to note the law states, among other things, the following are not prohibited: A) instruction associated with accreditation standards; B) performing research, scholarship, extension, outreach programs; nor C) the offering of academic support services, engaging in clinical trials or providing medical, mental or any health care or clinical services targeted to support individuals of any specific demographic.
As a land-grant university, Auburn is committed to delivering exceptional experiences and support to all of our students with particular emphasis on providing access and opportunity to the citizenry of Alabama so that they benefit fully from an Auburn education. We work hard each day at Auburn to create an environment where our faculty, staff and students are welcomed, valued, respected and engaged. We remain committed to providing these exceptional experiences while continuing to support academic freedom and freedom of expression. As always, Auburn will act consistently with applicable state and federal law.
As this bill moved through the legislative process, our Office of Government Relations and General Counsel provided updates and guidance to AU leadership including representatives from our four governance groups. Additional discussions occurred with the Office of Inclusion and Diversity, leaders from Enrollment Management, Student Affairs, Institutional Effectiveness, Senior Vice Presidents and Vice Presidents, Deans, faculty and key alumni. A status update was shared at University Senate yesterday and with the President’s Leadership Council on Monday.
In the coming weeks, the Provost’s Office, through the Division of Institutional Effectiveness, will continue to work to ensure that our commitments to access and opportunity are upheld and are consistent with applicable law.
We are resolute in our mission to deliver exceptional student experiences and to provide support to all of our students with particular emphasis on providing access and opportunity. As always, we will continue to embody the values of the Auburn Creed.
Sincerely,
Dr. Christopher B. Roberts, President
&
Dr. Vini Nathan, Provost and Senior Vice President of Academic Affairs
Jeff Poor is the editor in chief of 1819 News and host of "The Jeff Poor Show," heard Monday-Friday, 9 a.m.-noon on Mobile's FM Talk 106.5. To connect or comment, email jeff.poor@1819News.com or follow him on Twitter @jeff_poor.
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