Handbook of Operating Procedures 3-2010-PM
Ongoing Institutional Compliance with State Law Regarding Diversity, Equity, and Inclusion
POLICY MEMORANDUM
Effective August 9, 2024
Executive Sponsor: Vice President for Legal Affairs
Policy Owner: Vice President for Legal Affairs
The University of Texas System (“UT System”) implemented its policy, UT System Policy 197 (“UTS”), to require consistency among UT System institutions in their compliance with Senate Bill 17, passed by the Texas Legislature during the 2023 Regular Session, and codified at Texas Education Code § 51.3525 (“Section 51.3525”). This law prohibits diversity, equity, and inclusion ("DEI") offices, and the programs, activities, and trainings, among other things, traditionally conducted by those offices. It also prohibits institutions from implementing hiring and employment practices and treating individuals differently or providing special benefits based on protected characteristics.
The University took necessary measures to reach compliance with the law and UT System policy by the January 1, 2024, effective date of the legislation. Vigilant on-going efforts are necessary to ensure the University’s continued compliance. This Policy Memorandum provides additional guidance intended to facilitate that compliance. Any discrete issues not addressed in UTS 197 or below should be directed to the Office of the Vice President for Legal Affairs for legal advice. University employees may email vpla@austin.utexas.edu to request legal advice.
- Policy Memorandum Statement
The University of Texas at Austin is committed to providing and maintaining an environment that promotes learning, academic freedom, and the transmission of knowledge free from any requirements to exhibit or maintain a specified ideology, viewpoint, or political perspective and without providing advantages or disadvantages to individuals for holding or professing a specified ideology viewpoint, or political perspective.
- Additional Details Regarding Compliance with Texas Education Code § 51.3525
UTS 197 provides general guidance applicable to all UT System institutions. This memorandum provides more specific and detailed guidance regarding some discrete issues which may or may not be referenced in the UT System policy.
- Faculty and Staff Hiring.
- Job Postings.
- Colleges, School, and Business Units (“CSU”) of the University cannot include references to diversity, equity, or inclusion (including variations of those words) regarding protected characteristics in job postings.
- A CSU cannot publish a job posting that states or suggests a preference for candidates who value or have experience promoting diversity, equity, and inclusion. The following are examples of impermissible job requirements/qualifications:
“Strong commitment to diversity, inclusion, equity, and accessibility.”
“A deep passion for promoting diversity, equity, inclusion, belonging and access among our university community.”
“Evidence of commitment to diversity, equity, inclusion, and/or social justice.”
“Must have evidence of commitment to diversity, equity, and inclusion in past work roles.”
- A CSU may state a desire to recruit candidates with various perspectives, including working with first-generation students, low-income students, and underserved populations, if that experience is relevant to the position.
- All position announcements must include the Equal Employment Opportunity statement, which confirms that the University does not discriminate on the basis of race, color, national origin, age, marital status, sex, sexual orientation, gender identity, gender expression, disability, religion, or veteran status in employment.
- Application Materials.
- A CSU must not request or require candidates to submit a DEI statement expressing their commitment to diversity, equity, or inclusion or their experience regarding DEI work. A DEI statement is a written or oral statement of a person’s commitment to (1) furthering diversity, equity, and inclusion based on race, color, national origin, sex, gender, gender identity/or sexual orientation or (2) promoting differential treatment of or providing special benefits to individuals based on their identification as a member of one or more of these classifications.
- A CSU must remove unsolicited DEI statements in application materials before the materials are provided to reviewers.
- If a candidate volunteers information in their cover letter or CV about their commitment to promoting diversity, equity, and inclusion, they must not receive preferential treatment during the hiring process, and the CSU must not treat a candidate negatively who does not volunteer this information.
- Applicant Pool Review.
- A CSU may take steps to conduct a broad initial search to develop a diverse applicant pool to select the best-qualified candidate, consistent with federal requirements.
- If an authorized decisionmaker determines that the CSU has not used meaningful efforts to attract a diverse applicant pool, the supervisor may request to increase the pool size. The pool's final demographic composition does not determine whether efforts are meaningful. Whether meaningful efforts were used must be assessed without regard to the pool’s composition
- The CSU cannot attempt to expand the pool in ways that specifically target increased representation of a specific classification.
- A supervisor may, for example, require the CSU to advertise the position in a way that reaches a broad audience, expand outreach and recruitment efforts to include prospective candidates from a variety of institutions (e.g., public and private, different parts of the country, employers that historically serve low-income populations), or undertake any other initiative that could reasonably impact the pool composition that is not based on protected traits.
- Any spreadsheets or other documentation created by the CSU to summarize the candidate pool, record the interviewer’s impressions, or otherwise document the recruitment process must not include demographic information about candidates.
- Any third parties assisting with University searches should be instructed not to include demographic information about candidates they put forward for interview or selection.
- Candidate Interviews.
- Departments must not ask applicants about their commitment to diversity, equity, or inclusion or to make a verbal DEI statement during the interview process.
- Rubrics and informal metrics for rating candidates must not include references to diversity, equity, and inclusion experiences or values.
- If a candidate volunteers information in an interview and/or explicitly references teaching, mentoring, or caring for individuals identified by race, color, sex, ethnicity, national origin, gender identity, or sexual orientation, the department must not treat a candidate preferentially who volunteers this information or treat a candidate negatively who does not volunteer this information.
- If relevant to the position, the department may ask applicants about their experience with first-generation college students, low-income students, or underserved student populations to assist in identifying the best-qualified candidate for the job.
- Faculty and Staff Organizations.
- Recognized Faculty and Staff Organizations—do not receive University funding, may not use the University’s marks, and may not receive other special benefits like dedicated staff and space. These organizations are comprised of University community members who complete an approved registration via the applicable HOP for registering as an organization. These organizations do not represent the University and their activities are not conducted during employee work time.
- Faculty and staff are free to create and join recognized organizations as permitted under the University’s policies.
- Recognized organizations may engage in fundraising through donations from 3rd parties and through membership fees or donations.
- Recognized organizations may reserve space in the indoor and outdoor areas of campus using Chapter 13 of the Institutional Rules and/or the given CSU’s policy on space reservation. This is not considered a special benefit.
- Recognized organizations may not receive special benefits like University funding, dedicated staff or space, dedicated website pages on University sites, or special promotion or advertising of their organization or its activities, programs, or trainings. The University will maintain a list of all faculty and staff recognized organizations to keep community members informed.
- When employees act in their individual capacity and not as employees, Section 51.3525 does not apply to the individuals and their recognized organizations and organizations’ activities. If an employee wants to participate in an organization or activity that the University may not engage in, the employee should only do so using non-work time and resources (including non-university computers and printers) so they are acting in their individual capacity and not as employees. Staff may need to take extra precautions like using leave time or designated lunch hours for any activity occurring during the workday. Employees are expected to familiarize themselves with and follow the Acceptable Use Policy that permits some incidental use of University email or computer for personal use.
- No faculty and staff recognized organizations may receive University donations. CSUs, sponsored organizations, and other University sources may not donate money to faculty and staff recognized organizations that are designed or implemented in reference to race, color, ethnicity, gender identity, or sexual orientation. Additionally, recognized faculty and staff organizations engaging in activities the University may not participate in under Section 51.3525, may not receive University money to support that specific prohibited activity.
- Sponsored Faculty and Staff Organizations—receive University funding, may use the University’s marks, and may receive other special benefits like dedicated staff and space. These organizations are comprised of University community members who complete an approved registration via HOP 4-1110. These organizations represent the University, and some portion of their activities may be conducted during work time, as permitted and approved by management.
- The University may not sponsor a faculty and staff organization designed or implemented in reference to race, color, ethnicity, gender identity, or sexual orientation. Section 51.3525 does not prohibit the University from maintaining sponsored faculty or staff groups which are designed or implemented in regard to sex (men’s or women’s groups). As long as these groups allow participation by both men and women, and appropriately make this clear in their materials, they comport with federal and state law.
- Sponsored organizations may not engage in activities that Section 51.3525 prohibits the University from doing. This includes, among other things, (i) maintaining committees/subcommittees that are designed or implemented in reference to race, color, ethnicity, gender identity, or sexual orientation; and (ii) donating money to other organizations or their programs, activities, or trainings, designed or implemented in reference to race, color, ethnicity, gender identity, or sexual orientation. Sponsored organizations may award funds to student organizations as described in Section C(1)(d-f) below.
- Student Organizations.
- Registered Student Organizations—do not receive dedicated funding from the University, may not use the University’s marks, and may not receive other special benefits like dedicated staff and space. These organizations are comprised of University students who complete an approved registration via HOP 4-1110. They do not officially represent the University.
- Students are free to create and join registered organizations as permitted under the University’s policies.
- Registered student organizations may engage in fundraising through donations from 3rd parties and through membership fees or donations.
- Registered student organizations may also receive generally available University funding when it is distributed in an even-handed way without preference for groups that are designed or implemented in reference to race, color, ethnicity, gender identity, or sexual orientation.
- The University may not promote differential treatment of or provide special benefits to individuals or student organizations on the basis of race, color, or ethnicity.
- Registered student organizations may not receive special benefits like dedicated University funding, dedicated staff or space, dedicated website pages on University sites, special promotion or advertising, of their organization or its activities, programs, or trainings. The University shall maintain a list of all registered student organizations to keep students informed of current organizations.
- CSUs and University sponsored organizations that award funds to registered student organizations must develop a process that ensures all registered student organizations are on equal footing and may apply for and receive available funds. If this condition is met, then the funding is not a prohibited “special benefit” when distributed to registered organizations that are designed or implemented in reference to race, color, ethnicity, gender identity, or sexual orientation.
- CSUs and University sponsored organizations that maintain funds to support registered student organizations generally must take precautions to ensure they do not provide “special benefits” prohibited by Section 51.3525. The awarding entity must maintain an approved process for making funding awards to registered student organizations. The registered student organizations may apply for a funding award up to a specified cap. The awarding entity should use criteria that are neutral as to whether the organization is designed or implemented in reference to race, color, ethnicity, gender identity, or sexual orientation. These criteria could include things like (i) number of students expected to participate; (ii) whether the activity is open to all students or just the organization’s members; and (iii) does the activity further/support an academic area or is it purely social. When funding is distributed in this manner, it is not a special benefit under the law. Outside of this process, CSUs and other University sponsored organizations should not provide funding to registered student groups.
- Registered student organizations may reserve space in the indoor and outdoor areas of campus using Chapter 13 of the Institutional Rules and/or the given CSU’s policy on reservation of their space. Staff that typically perform reservations and other general support of all registered student organizations are not impermissibly providing special benefits to an organization when they assist with these types of administrative tasks.
- A registered student organization may not use the University’s marks.
- A registered student organization is not required to comply with Section 51.3525.
- Sponsored Student Organizations—receive University funding, require a faculty, staff, or CSU sponsor, may use the University’s marks as approved, and may receive other special benefits like dedicated staff and space. These organizations represent the University.
While Section 51.3525 excepts the activities of student organizations “registered or recognized” by the University, the University construes this exception to apply only to its registered student organizations and not its sponsored student organizations. This is based on the level of support provided to UT Austin sponsored student organizations and their close affiliation with the institution. Often, they are indistinguishable from the University itself. In many instances, they may appear more like an arm of the University because of the level of support and involvement of the University.
- The University may not sponsor a student organization designed or implemented in reference to race, color, ethnicity, gender identity, or sexual orientation.
- The University may not use sponsored student organizations to promote differential treatment of or provide special benefits to individuals on the basis of race, color, or ethnicity.
- Because of the University’s special support for sponsored student organizations, these organizations may not engage in activities that Section 51.3525 prohibits the University from doing. This includes, but is not limited to, (i) maintaining committees that are designed or implemented in reference to race, color, ethnicity, gender identity, or sexual orientation; (ii) dedicating funding to registered organizations or their programs, activities, or trainings, designed or implemented in reference to race, color, ethnicity, gender identity, or sexual orientation; and (iii) holding or sponsoring events prohibited by Section 51.3525.
- A CSU may provide their sponsored student organizations with dedicated space, assigned staff, dedicated website pages on University platforms including the CSU website, and special promotion or advertising of the student organization or its activities, programs, and trainings.
- The University permits sponsored student organizations to use the University marks when approved by the sponsor.
- CSU provision of finance and accounting services to student organizations. When a CSU sponsors a student organization, it may determine whether to provide finance and accounting services to its organizations, as described below. When not sponsored by a CSU, University finance or accounting services will not be available to the sponsored organization.
- CSUs should determine whether they will provide finance and accounting services (including things like account oversight, receipt of donations to permit charitable donation benefits to a student organization donor, oversight for event spending, etc.) to their sponsored student organizations only, or to both their sponsored and registered student organizations.
- If finance and accounting services will be provided to both types of organizations, then the services must be available to all of the CSU’s student organizations, in an even-handed manner without preference for groups that are designed or implemented in reference to race, color, ethnicity, gender identity, or sexual orientation.
- If finance and accounting services will be provided to sponsored or registered organizations, the CSU, in consultation with Finance, Accounting, and Procurement, is responsible for establishing appropriate protocols and management of student organization finances.
- University websites and student organization websites.
- Student Affairs shall maintain a master list of all student organizations clearly differentiating which are sponsored and which are registered.
- The CSU may also maintain a website that lists all of its registered and sponsored student organizations with links to their websites. To the extent any registered organizations include an affinity based organization, a CSU should not arrange or otherwise curate its list of registered organizations to give the impression that it is promoting an affinity-based group over other groups, which would violate Section 51.3525. Care should be taken to differentiate which organizations are sponsored versus registered.
- Registered student organizations should prepare and design their own websites and should not be hosted on a CSU’s University web platforms. Except however, all registered and sponsored student organizations may use Student Affairs’ platform, TexasDigital360. This is a tool offered to help our students and our student organizations build their own websites and it provides a hosting platform. Student Affairs provides this license and it’s open to all students. For this reason, this is not a “special benefit” under Section 51.3525 and puts all student organizations on equal footing for their websites.
- The CSU can prepare informational materials that support all of its registered student organizations’ ability to create a website, identifying hosting platforms, and other generally applicable advice for website creation.
- The CSU may host any sponsored student organizations on its websites.
- CSU provision of space to student organizations.
- Registered organizations may reserve space in the indoor and outdoor areas of campus in compliance with Chapter 13 of the Institutional Rules and the given CSU’s policies or procedures on space reservation. Staff that typically perform reservations and other general support of all registered student organizations are not impermissibly providing special benefits to an organization when they assist with these types of administrative tasks.
- A CSU may provide ongoing assigned and dedicated space to its sponsored student organizations without regard to what space is available to its registered student organizations.
- A CSU may make available a dedicated space for use by all of its registered student organizations in an even-handed way without preference for groups that are designed or implemented in reference to race, color, ethnicity, gender identity, or sexual orientation.
- If a CSU is inclined to provide space for registered student organizations, they shall:
- Develop neutral criteria that are evenly applied.
- Criteria could include things like size of the requesting organization, planned use of the space, whether the planned use is compatible or incompatible with activities in or adjacent to the space, etc.
- Creating a signup system for temporary use of generally available space or consulting with Office of Dean of Students to utilize their space reservation tool.
- Additionally, as an owner of the space, a CSU should assess available space allocations and its organizations’ assignments/access each year. This process should allow for flexibility to make adjustments, to account for demand and to provide fair access over a period of years to all of its groups. A CSU should redirect student organization requests for space, which exceed the CSUs supply, to the Office of the Dean of Students which can assist the organizations in finding space in other locations.
- Grant Writing.
Research and creative works are excepted from Section 51.3525. However, some types of sponsored programs do not fit within the research carve-out. All training and programmatic components of a research grant must fully comply with Section 51.3525 and all other civil rights laws.
- Consider Legal Review at submission. Scholars submitting proposals for funding with the following types of programs should seek legal review before submission:
- Cohort training, mentoring or research enhancement programs for student, postdoc or faculty participants (examples: NIH institutional training grants (T32); NSF Research Experiences for Undergraduates (REU); NSF National Research Traineeship Program (NRT))
- Program evaluation or implementation studies without a research component
- Any other sponsored activity that is not scholarly research
To request a pre-submission review from VPLA, please email VPLA@austin.utexas.edu at least three (3) weeks in advance of any proposal submission deadline and include “Time Sensitive” in the subject line.
- Pre-acceptance review. All awards for training or programmatic activities will undergo a pre-acceptance review for compliance with Section 51.3525, UTS 197, and other laws. If, during that review, VPLA identifies legal compliance issues, UT Austin cannot accept the award as proposed and administrative withdrawal of the award, or revisions and re-scoping of the proposed work and delayed award setup may occur. Voluntary pre-submission review can remove this risk.
- Reporting and Addressing Compliance Concerns.
- Supervisors Identifying Concerns. As part of their usual employment responsibilities, faculty and staff supervisors shall investigate when they believe conduct may violate Section § 51.3525. Supervisors should take necessary steps to cure any violations identified.
- Reports of Concern. Other individuals that believe a violation of Section 51.3525, UTS 197, or this Policy Memorandum have occurred, shall make a report to the University’s Compliance and Ethics Hotline via one of the following methods:
- English 877-507-7321
- Español 800-216-1288
University Risk and Compliance Services is responsible for referring alleged violations to the appropriate dean or vice president, or delegate, for investigation and resolution.
- Addressing Concerns. Upon finding of violation after investigation by the appropriate supervisor, the dean or vice president (or delegate) shall confer with the Chief Compliance Officer and Vice President for Legal Affairs to assess any necessary curative and preventative measures. They are responsible for making joint recommendations to the dean or vice president (or delegate) regarding any structural, programmatic, or procedural changes necessary to cure and prevent similar future violations. Those recommendations shall also be provided to the Office of Internal Audits to ensure accountability in reducing ongoing compliance risk.
Any employee, whether faculty or staff, that engages in violation of Section 51.3525, UTS 197, or this Policy Memorandum, is subject to discipline up to and including termination, when appropriate. If the employee is permitted to grieve an assigned discipline, then they may avail themselves of the appropriate grievance process as permitted in the relevant HOP provision. Some employees are not permitted to grieve discipline including discipline for violations described in this Policy Memorandum, UTS 197, and Texas Education Code § 51.3525.
- Required Certification
Each year, all vice presidents, deans, and direct reports of the president shall complete a certification attesting to their portfolio’s ongoing compliance with Section 51.3525. University Risk and Compliance Services will develop, with the Office of the Vice President for Legal Affairs’s input, an appropriate annual certification process and form for use in this annual certification process.
- Training
University Risk and Compliance Services will develop, with the Office of the Vice President for Legal Affairs input and approval, effective training and education to promote compliance with Section 51.3525, and the recommended schedule for delivery of that training and education, for all employees. Some employees may be required to take specialized training specific to the risks inherent in their official activities. Deans and vice presidents that identify an area they believe requires specialized training should contact University Risk and Compliance Services at compliance@austin.utexas.edu to request specialized training support.
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