Video of UK employee saying DEI principles part of curriculum sparks GOP criticism

This story first appeared in the Kentucky Lantern.

Some Kentucky Republican lawmakers are questioning if the state’s flagship university is following a law that bans diversity, equity and inclusion policies in higher education.

A viral video shared Wednesday by conservative media watchdog Accuracy in Media shows a University of Kentucky employee speaking with someone he believed to be a prospective student about whether DEI principles are part of the sociology department’s curriculum.

Rep. Shane Baker, R-Somerset, asked UK President Eli Capilouto about the exchange during a subcommittee meeting on universities’ budget requests Thursday.

A spokesperson for Republican Attorney General Russell Coleman’s office told the Lantern that it was aware of the video and reviewing the matter.

The video shows Justin Conder, who is an administrative assistant, saying to the person he thought was a prospective student that “it’s there, and it’s an important part of the curriculum” before adding that DEI can also be found in course syllabi.

Later in the video, Accuracy in Media’s Adam Guillette goes to Conder’s office to ask him about the recorded conversation. Conder said he doesn’t remember it and appears bewildered by the questions.

Some Republican lawmakers shared the video on X and criticized UK based on Condor’s answers. Last year, the GOP-controlled General Assembly passed a law banning DEI initiatives at Kentucky’s public universities. The law specifically exempts course content and instruction from the legislature’s prohibitions on DEI.

Rep. TJ Roberts, R-Burlington, said online the video shows that “UK lied through their teeth” about complying with the state law. Rep. Josh Calloway, R-Irvington called for “accountability” in another post.

During the Thursday meeting of the House Budget Review Subcommittee on Postsecondary Education, Baker asked Capilouto about the video, saying it shows that “DEI is still there at the University of Kentucky.” The university president had just finished presenting UK’s funding request for the next state budget, which lawmakers must decide this legislative session.

“Could you tell us what this looks like and what the commitment of the university is related to DEI?” Baker said.

Capilouto replied that UK has “worked tirelessly to be in full compliance with House Bill 4.”

“Anytime we have learned in any kind of way of a report of something that is inconsistent with that, we address it,” Capilouto said. “I learned of that last night. I can assure you, we will look into it, as we’ve done and we’ve had reports in the past, but we worked extensively after that bill was passed to be in full compliance.”

Baker then asked: “If a university is found to be in violation of that law, should that university continue to receive taxpayer funds?”

“Well, you make those decisions. I would ask you to look at the totality of what we do. If we have a particular incident that is wrong or out of compliance, we’re going to address it,” Capilouto said, before referring back to his presentation that highlighted health research UK has done and wants to continue in the future.

Baker said that he hopes universities are “compliant with the law that doesn’t divide students, doesn’t divide families and doesn’t divide communities” and he appreciated Capilouto reviewing the matter.

UK spokesperson Jay Blanton told the Lantern in a statement that Conder is an administrative assistant.

“No employee speaks on behalf of the university except for the president or his designee,” Blanton said. “To be clear, the university fully complies with House Bill 4, which protects the academic freedom of faculty, students and student organizations and exempts academic course content or instruction. We are not aware of any issues with respect to curriculum and HB 4 at this time. If we become aware of issues, we will immediately address them according to the law and our policies. We took a number of proactive steps in preparation for state-level changes, beginning in spring 2024, as well as more recent steps to comply with federal law and directives.”

Blanton then listed several of the actions UK has taken to be compliant with the state law, including revising job descriptions and position responsibilities, eliminating mandatory DEI training and diversity statements and dissolving the Office for Institutional Diversity and other units, programs and activities that were not compliant with the law.

“We clearly take these legal obligations seriously and continue to conduct regular reviews to ensure consistent implementation across an institution as expansive as the university,” Blanton added.

The state law allows the attorney general’s office to bring civil lawsuits to compel universities to comply with banning DEI.

The Society of Professional Journalists’ Code of Ethics, which is taught in journalism schools nationwide, says that ethical journalists should “avoid undercover or other surreptitious methods of gathering information unless traditional, open methods will not yield information vital to the public.”