Conservative think tank says UK is not in compliance with KY’s anti-DEI law
A national conservative organization claims the University of Kentucky is not in compliance with the law banning diversity, equity and inclusion on the state’s college campuses, according to a letter submitted to the attorney general on Tuesday.
The Goldwater Institute, a conservative think tank, sent a letter to Kentucky Attorney General Russell Coleman stating that UK is out of compliance with House Bill 4 when it comes to crafting a neutrality statement. Universities had to be in compliance with the new law, which requires public universities and the Kentucky Community and Technical College System to dismantle and defund all DEI initiatives, by June 27 of this year.
The letter to Coleman says UK is not in compliance because its board has not adopted a policy on viewpoint neutrality as outlined in HB4. Instead, the institute said, UK President Eli Capilouto drafted and approved the policy. The letter also said UK’s neutrality policy is “entirely deficient.”
The law says that each university’s governing board must “adopt a policy on viewpoint neutrality that prohibits discrimination on the basis of an individual’s political or social viewpoint and promotes intellectual diversity within the institution,” and publish the policy in handbooks for students, faculty and the public.
“However, the University stated that the Board did not adopt the policy that was drafted, but instead allowed the President to draft and adopt the policy,” the letter says. “Thus, even assuming there was not an improper delegation to the University President— there was — the Board would still need to adopt or ratify the policy the University President imposed. Because the Board has not done so, it is not in compliance.”
The institute based its letter on a public records request submitted to UK by Michael Frazier, the executive director of the Kentucky Student Rights Coalition who was an outspoken supporter of HB4, it said. Frazier requested UK’s neutrality statement along with records relating to its adoption.
In its response, UK noted that the board of trustees delegated authority to the president to craft the neutrality statement.
UK spokesperson Jay Blanton said Tuesday the university takes “our legal obligations very seriously and continue to believe we are compliant with HB 4.”
“However, to ensure that there is no confusion or ongoing questions or concerns, we have been planning for some time to bring a recommendation to the Board at our September meeting for them to endorse a policy of institutional neutrality,” Blanton said. “Reviewing our policies and practices in compliance with the law, and being responsive to any concerns, is not a one-time event — it is an ongoing responsibility we are committed to upholding.”
At an education budget subcommittee meeting in July, universities across the state told legislators they were in compliance with the new law.
UK disbanded its Office for Institutional Diversity last August, and at the same time, said it would no longer make statements on political or partisan events or issues.
UK created an “institutional statements policy,” which says the university “does not take official positions on or issue public statements about society issues and events that do not directly impact the mission or function of the university.”
The Goldwater Institute said that is insufficient under the new law, and the policy needs to be adopted by the board of trustees.
“The Attorney General may bring a civil action to compel any institution to comply with HB4,” the letter says. “Given the Board’s noncompliance with the clear requirements of state law, the Attorney General should bring an action to compel compliance under [the law].”