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Date: |
August 12, 2024 |
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To: |
Dr. Aswani K. Volety, Chancellor |
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From: |
John P. Scherer II, General Counsel |
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Subject: |
Guidance on UNC Policy 300.8.5 “Equality Within the University of North Carolina" |
On May 23, 2024, The University of North Carolina (UNC) Board of Governors approved UNC Policy 300.8.5 “Equality Within the University of North Carolina,” repealing and replacing former UNC Policy 300.8.5 and Regulation 300.8.5(R) “Policy and Regulation on Diversity and Inclusion Within the University of North Carolina.” On June 28, 2024, the UNC System Division of Legal Affairs issued guidance on implementing and interpreting the new policy. unc-system-guidance-implementation-of-equality-policy-june-2024.pdf (northcarolina.edu)
Given that the former Diversity and Inclusion (D&I) policy and regulation established several institutional and system level positions, such as a university chief diversity or D&I officer, the rescission eliminated these positions, as well as their D&I reporting, training, outreach, and educational requirements. Further, the repeal eliminated certain definitions for D&I.
To advance its definition and application of equality within the UNC, the new policy takes three current university obligations under North Carolina law and UNC System policy and applies them to address offices and roles within the university, as well as extending them toward the treatment of students:
In its university vision, UNCW seeks to “transform lives.” Its Strategic Plan calls for the university to provide “unparalleled opportunities,” as well as a “more diverse and welcoming environment,” particularly, to “ensure students from diverse and underrepresented populations attain student success objectives at a level consistent with the student body as a whole.” Although there will likely be a range of feelings and opinions about this new policy, it does not change UNCW’s vision and goals for all its students, as it implements the UNC System and university strategic plans.
While UNCW has adhered to institutional neutrality since July 2023, the new policy extends this principle to the university’s organization and operations, including the treatment, training, orienting, or activities of students. Student organizations or classroom teaching and learning remain unaffected. The policy prohibits any employing subdivision or employment position from being organized or operated contrary to the neutrality mandate and restricts contracting with third parties for services that advance prohibited concepts.
The policy does not bar initiatives or outreach open to all students but tailored to the experience of students based in part on their race, sex, nationality, or any other identifying characteristics. Academic freedom remains protected as do student success initiatives if they are tied to specific metrics. The policy requires a focus on the content of the programming, training, or initiatives to ensure institutional neutrality and compliance with non-compelled speech or prohibited concepts.
Deans, directors, and other unit heads should thoroughly evaluate current practices to ensure compliance with both the new and existing obligations. This memo provides an overview of key areas requiring attention, including student services, faculty and staff service opportunities, departmental webpages, and academic centers, to align our practices with the new policy while upholding academic freedom and student success. Because the university must certify its compliance with the policy, it is crucial to identify and address areas of potential conflict to meet the September 1, 2024, reporting deadline. The UNCW Office of General Counsel remains dedicated to assist administrators, faculty, staff, and students in answering questions and implementing this policy.
The new policy reaffirms the University of North Carolina’s strong commitment to academic freedom, including in curriculum development and research. UNCW shares this historic commitment. Faculty members retain the freedom to design and teach their courses according to their academic expertise and the educational needs of our students. They will continue to select course materials, direct classroom discussions, and incorporate varying perspectives relevant to their academic disciplines. In research, faculty members are free to pursue inquiries and investigations that contribute to the advancement of knowledge within their fields.
Academic freedom protects the integrity of research activities, ensuring that faculty can explore, hypothesize, and draw conclusions based on their scholarly work without undue restriction. This commitment extends to the pursuit of grant funding, where faculty members may affirm their personal beliefs in support of applications while ensuring that the institutional commitments comply with the neutrality mandate described in the policy and guidance. Faculty members are also encouraged to collaborate with colleagues and form research groups or centers to advance their scholarly objectives. These academic endeavors are specifically protected under the new policy, though consistent with the principles of academic freedom, faculty groups and individual members should make clear when they are speaking in their individual capacities and not on behalf of the university, ensuring that their work remains within the framework of academic inquiry without implying institutional endorsement of specific viewpoints.
DEI-focused offices and positions may not continue under the policy. University sponsored student services and activities aimed at promoting “student success,” are permitted, even when such programs address specific student identities. A program is considered to promote “student success,” if it is designed to address the specific metrics identified to quantify “student success” in the University of North Carolina Strategic Plan, i.e., academic performance, retention, graduation rates, degree efficiency, and student mental health. For example, identity-based programming such as mentorship programs for first-generation college students, cohort-based programs that connect students with shared identities to campus resources and each other, and networking events may be allowed. Staff and administrators should be prepared to provide some data that these programs improve graduation rates, retention, or student mental health. Further, the content of any programs or initiatives must adhere to institutional neutrality and not endorse or compel endorsement of specific viewpoints on social or political issues.
UNCW must also avoid contractual terms that contradict the policy, including those with vendors providing training or programming to students and employees. However, the new policy allows the university to continue to organize and fund speaking events that enrich the student body and foster diverse perspectives, provided that the university itself does not endorse or imply endorsement of any political or social stance. To that end, departments and offices are strongly encouraged to consult with University Relations before deciding to host an open speaking event on campus.
Student organizations are not affected by the policy. They can support their members and pursue their interests, including engaging in political or social advocacy, if they do not speak on behalf of the university. The university supports all registered student organizations without regard to their viewpoints, ensuring equal access to campus resources and opportunities. Faculty and staff may serve as advisors to student organizations so long as the service is voluntary, and the faculty or staff member does not exert control over the students’ message.
UNCW continues to encourage faculty and staff to participate in service roles such as committee work and community engagement and outreach. But they must observe the new policy and guidance when these activities are performed in the course of employment. Employee or Faculty committees focused on specific identities or DEI matters are unlikely to be considered neutral under the new policy unless their primary objective is to improve student graduation rates, degree efficiency, and/or student mental health. The university should select committee membership without regard to social or policy viewpoints, and committee training must adhere to the requirements the new policy and state law has regarding all university programming.
Faculty and staff may continue to participate in self-governing groups or caucuses, which are independent and do not represent the university or speak on its behalf. These groups, which often serve as community-building platforms to address specific issues or concerns, remain permitted as long as their activities remain nondiscriminatory (i.e., do not exclude individuals based on any of the protected statuses identified in the university’s Nondiscrimination policy) and do not involve any actual or implied university-sponsored political or social advocacy. UNCW may support these groups on a nondiscriminatory basis by providing them with access to university resources without regard to their viewpoints.
Employing units within UNCW must ensure that all university webpages, displays, and social media accounts adhere to the principles set out in the policy and guidance. This requires removing content that does not meet institutional neutrality requirements, i.e., endorses specific political or social viewpoints. Employing units should begin by addressing the most obvious issues, such as website statements or posts that explicitly advocate for particular social policies or political positions. Web content and social media posts should focus on providing information about programs, services, and events without implying institutional endorsement of specific viewpoints. Content should emphasize support and resources available to students without delving into political or social advocacy. Any statements regarding nondiscrimination should point to the new policy or University Non-Discrimination policy. Unit efforts should begin with the most visible content first, such as information linked from their main website. While retroactively deleting past content is not required, units or offices should review and update all publicly facing materials representing current activities of employing units to ensure compliance. The Office of General Counsel is working closely with University Relations and other entities to help offices and units as they conduct these reviews.
Centers and institutes remain permitted under the new policy. Centers that are staff-directed must ensure compliance with the policy’s content neutrality requirements just like any other employing unit, and focus on their primary service or function, such as student success, without advocating specific political or social viewpoints. Staff-directed centers will need to carefully navigate the line between facilitating research and collaboration and refraining from endorsing or advocating for political, social, or policy positions. This means that while they can continue to serve as conveners and connectors for various research initiatives, they must avoid taking stances on the issues being studied.
Academic centers that are faculty-directed and serve as extensions of the faculty’s pursuit of teaching, research, and service are protected by academic freedom. These centers may continue to organize and market their academic work if they maintain their scholarly function and are continuously directed by faculty members. This protection includes academic centers employing support personnel, provided these centers are driven by academic objectives. Essentially, the guidance affirms that faculty may do collectively what academic freedom permits them to do individually, so long as they make clear that their views and activities do not represent the official stance of the university.
Implementing this new policy and guidance presents a significant challenge, requiring careful reevaluation and adjustment of many established practices. Feelings and opinions from a range of perspectives may also arise as the university attempts to implement these changes. While these changes are mandated by the UNC System, UNCW remains dedicated to fostering an inclusive and supportive environment for all students, faculty and staff. Many of these initiatives are already underway, and the university appreciates the understanding and cooperation of our faculty and staff and students during this transition.
UNCW is committed to upholding our core values of fairness, academic excellence, and student success, ensuring that every member of our community is respected and valued. Through thoughtful compliance with these guidelines, the university aims to maintain the integrity of our educational mission while navigating this complex transition. Appropriately applying the policy and guidance may not be straightforward. Specific questions concerning the interpretation and application of laws and policies affecting the university, including the new policy and guidance, may be addressed to the Office of General Counsel by email to schererj@uncw.edu or by phone to x4027. Thank you for distributing this as you deem appropriate within your division to fully implement the policy and guidance, and for everything you and the employees you support do on behalf of UNCW and its community of faculty, staff, and students.