Guidance for the Implementation of Executive Order 2023-31

Yes, the Executive Order does not apply to the university with respect to the following: 

1. a policy, practice, procedure, program, class, or activity required for compliance with state or federal laws, rules, or regulations for obtaining or retaining institutional, academic, or discipline-specific accreditation or licensure;

2. academic course instruction; i.e., the academic freedom of any individual faculty member to direct the instruction within his or her own course;

3. scholarly research or creative work by an institution of higher education’s students, faculty, or other research personnel, or the dissemination of that research or work;

4. an activity of a student organization registered with or recognized by an institution of higher education; 

5. guest speakers or performances on short-term engagements; 

6. academic support, tutoring, and career services and student success centers, so long as the programming is designed and implemented without regard to race, sex, color, national origin, or ethnicity; 

7. data collection; or

8. access programs for military, veterans, Pell Grant recipients, first generation college students, students from low-income families, students with unique abilities, or underserved student populations. 

The Executive Order also will not limit or prohibit the university from applying for grants or complying with the accreditation requirements by an accrediting or licensing agency, including, but not limited to, submitting to the grantor or accreditation agency a statement that: 

1. highlights the institution’s work in supporting:

   1. first-generation college students, 

   2. students from low-income families, 

   3. students with unique abilities, 

   4. underserved student populations; and/or 

2. certifies compliance with applicable anti-discrimination laws, rules, and regulations.

Under the Executive Order, all executive state agencies, including institutions of higher education, must review their DEI programs and restructure and eliminate functions that are not necessary for compliance and accreditation and do not broadly support student and employee success. This means a university should not operate or maintain offices or have employees whose sole job is to provide programs and activities for a specific group of students based on the classifications in the Executive Order. For example, offices that are focused on African American, Hispanic, or LGBTQ+ students likely violate the Executive Order. Even though offices solely dedicated to these students will need to be restructured, programs supporting these communities may be incorporated into a framework that broadly supports student success. 

Yes, these organizations may be referenced on university websites if their activities are open to all individuals and the website appropriately communicates an all-inclusive message. An example of an appropriate all-inclusive message for an organization whose name may suggest otherwise is as follows: “This program welcomes everyone regardless of age, color, disability, ethnicity, sex, gender identity, gender expression, genetic information, marital status, national origin, race, religion, sexual orientation, or veteran status. Our program provides learning opportunities to all participants.”

Although these organizations and their inclusive activities can be featured on university websites, any activity that impermissibly favors someone based on the classifications in the Executive Order cannot be featured on a university website. For example, if an unaffiliated third-party organization offers several scholarship opportunities, and one of those opportunities impermissibly favors one race over another, a direct reference to that particular scholarship opportunity cannot be on a university website nor may the university provide any support for the administration of that scholarship. 

Yes, if the event or program is related to students’ academic or career success and is designed without regard to race, sex, color, national origin, or ethnicity. For example, a university can sponsor events and programs that focus on promoting a welcoming climate and cultural competency.  These events and programs should be completely voluntary. 

Moreover, multicultural events or programs associated with heritage and history days and months, such as Hispanic Heritage Month, Black History Month, Asian American Pacific Islander Month, Women's History Month, Indigenous People's Day, Juneteenth, and Pride Month are permissible so long as these events or programs are open to everyone who wants to participate and do not show a preference for one classification over another. The emphasis of such events must be on history and culture. Attendance at such events cannot be mandatory for students or employees unless attendance at such events relates to the content of the academic course for which it is required. If extra credit is awarded for attendance and the event is unrelated to the academic course, other alternative events unrelated to prohibited classifications must be provided. 

If a registered student organization wishes to host a multicultural event or program, even one that includes DEI elements, the organization can do so, assuming compliance with other university policies, because registered student organizations are exempt from the Executive Order. 

Generally, yes. The Executive Order prohibits the university only from mandating such training unless there is a specific exemption, i.e., compliance with state or federal laws, rules, or regulations, or for retaining institutional, academic, or discipline-specific accreditation or licensure. If no exemption exists, then such training may still be offered on a voluntary basis, and students and employees may still seek out and voluntarily participate in such training. However, decisions regarding funding for the creation of or participation in such trainings must be based on neutral criteria not designed to favor a particular race, color, national origin, ethnicity, or gender. Departments should ensure that the evaluation process is fair, neutral, available to all, and not mandatory and that funding is provided for a wide variety of requested training and programming.

Yes. The Executive Order does not prohibit universities from supporting attendance at such conferences or supporting membership in such organizations if the training is voluntary and the university’s support for participation is not based on a student’s/employee’s race, color, national origin, ethnicity, or gender. However, the university should have a neutral basis for providing such funding that does not consider DEI as a factor in providing the funds. University leadership cannot compel attendance at DEI programs nor outsource DEI work.

No. The Executive Order does not apply to guest speakers or performers on short-term engagements. The university may host guest speakers and performers under its usual policies and rules so long as attendance is not required. Unless the guest speaker is invited to speak in an academic course and the topic is related to that course, the university (including professors) cannot require students (or employees in other contexts) to attend such events.

The Executive Order expressly exempts registered student organizations from its restrictions. If a student group is not registered, they are not exempt under the Executive Order. Any registered student organization must be provided with any benefit that is generally available to other registered student organizations. Denying a registered student organization any resource that is generally available to other registered student organizations based on the registered student organization’s political, philosophical, ideological, or academic viewpoint would violate state and federal law. 

The university anticipates being able to award all scholarships permitted under state and federal law and the Executive Order. 

Student scholarships are not affected if they are awarded and administered by the university without regard to race, sex, color, ethnicity, or national origin, and if a "DEI statement” is not required or considered as part of the application or interview process. However, if a scholarship considers race, color, ethnicity, nation of origin, sex, gender identity, or sexual orientation, the university cannot support such a scholarship under federal law and the Executive Order. If an entity separate from the university offers a scholarship that considers one or more of these characteristics, the university may accept the scholarship funds awarded but may not participate in any manner in the award or implementation of the scholarship. Further, such scholarships offered by external groups cannot be specifically advertised on university websites and must be removed if identified.

To the extent the university has scholarships that reference prohibited preferences, those funds have been incorporated into a “pool and match” program permissible under federal law. This program places university scholarships into a bundle, inviting all students to apply. Scholarship recipients are selected without regard to a prohibited classification, and, if a person who is selected matches a donors’ articulated criteria, they are then matched to that specific scholarship.  

Yes, the Executive Order specifically exempts research and data collection from its requirements. 

The Executive Order does not address this topic, and no state or federal law prohibits the use of pronouns in a signature block.