Implementation Considerations Related to the Four Components
Required Diversity Statements
7. Q: Can we ask for diversity statements from applicants if they are optional to complete?
A: It is not recommended that diversity statements be requested even where a candidate is told diversity statements are optional. Where an optional diversity statement is submitted, there remains a risk that a candidate may view that a decision was, or would be, made on the basis of the viewpoints expressed in the pledge or statement. On or after 7/1/24, diversity statements cannot be required. The statute specifically prohibits an institution from requiring:
- A pledge of allegiance or a statement of personal support for any policy or action that would treat similarly situated people or groups of people differently based on the race, color, national origin, sex, sexual orientation, or religion, or political or ideological movement;
- From an applicant for admission, enrollment, or employment at the institution, an employee of the institution, or a person contracted to teach its students.
If such a pledge or statement regarding diversity, equity, and inclusion, or related topics is received, the institution may not, on the basis of the viewpoints expressed in the pledge or statement:
- Award admission, enrollment, or employment, benefits, hiring, reappointment, promotion, or
- Grant tenure to any applicant for admission, enrollment, or employment at the institution, an employee of the institution, or a person contracted to teach its students.
8. Q: Can faculty or staff share optional diversity statements as a part of the Annual Review?
A: A faculty member may choose to submit such a statement on their own. However, if the University receives a pledge or statement described above, including any statement regarding diversity, equity, and inclusion, or related topics, the University may not, on the basis of the viewpoints expressed in the pledge or statement, award admission, or employment, benefits, hiring, reappointment, promotion, or grant tenure to any applicant for admission, enrollment, or employment at the University, an employee of the University, or a person contracted to teach its students. See FAQ # 6 for more information about diversity statements.
Related Questions About University Non-Discrimination, Affirmative Action, and Equal Opportunity
9. Q: How will the University maintain its commitment to diversity in hiring?
A: The University has robust policies reaffirming its commitment to nondiscrimination, affirmative action, and equal opportunity, as provided in UA-01. The University also maintains its commitment to diversity by including certain preferred qualifications in various positions for candidates as may be applicable to the role. By way of example these may include, but are not limited to:
- Demonstrated success working with diverse faculty and student populations.
- Experience working in a diverse workplace.
- Ability to contribute positively to a multicultural campus.
- Experience with a variety of teaching methods and curricular perspectives.
- Need to interact with a diverse student and faculty community.
- Experience with specific scholarly areas [e.g. Latinx studies, Asian history, health care in communities of color, etc.]
10. Q: How will the university protect faculty of color and other underrepresented groups?
A: The University has robust policies reaffirming its commitment to nondiscrimination, affirmative action, and equal opportunity, as provided in UA-01. The University also maintains a bias incident reporting process available to all members of the University community and a policy against discrimination and harassment in UA-03. Additionally, SEA 202 provides that it may not be construed to:
- Preclude efforts to gauge an applicant’s commitment, plans, or past performance in fostering intellectual diversity.
- Prohibit an institution from:
- Requiring a student, faculty member, contractor, or any other employee of the institution to comply with federal or state antidiscrimination laws; or
- Taking action against a student, faculty member, contractor or any other employee of the institution for a violation of federal or state antidiscrimination laws.
- Limit or restrict the academic freedom of faculty members or prevent faculty members from teaching, researching, or writing publications about diversity, equity, or inclusion or other topics.
- Prohibit an institution from considering the subject matter competency of any candidate’s or faculty member’s past contributions, or potential for future contributions, to fostering a culture of intellectual diversity at the institution.
- Prohibit an institution from complying with federal requirements to be eligible for federal grants.
Complaints about Cultural and Intellectual Diversity and Related Concerns
11. Q: Would it be useful for the University to redefine cultural and intellectual diversity?
A: SEA 202 already defines intellectual diversity as “multiple, divergent, and varied scholarly perspectives on an extensive range of public policy issues,” However, faculty councils should develop and provide further guidance on integration of cultural and intellectual diversity, as defined in SEA 202, into local level policies and procedures.
12. Q: Is a faculty member expected to teach cultural and intellectual diversity in each course they teach?
A: SEA 202 does not expressly require that a faculty member teach cultural and intellectual diversity. The key language concerns exposing students to scholarly works from a variety of political or ideological frameworks that may exist within and are applicable to the faculty member’s academic discipline. A faculty member is not required to expose students to scholarly works from a variety of political or ideological frameworks that do not exist within and/or are not applicable to the faculty member’s academic discipline.
13. Q: How can a faculty member use the course syllabus to show cultural and intellectual diversity?
A: Faculty can use the course syllabus to clearly provide full course content, provide reading lists, and to show that the course aligns with the academic duties and obligations of the course, discipline, and departmental faculty members.
14. Q: How will the University review complaints about cultural and intellectual diversity and report on complaints?
A: SEA 202 requires the University to identify a complaint process, and IU’s existing complaint system, EthicsPoint, has been identified as our SEA 202 complaint system/process. SEA 202 states that complaints received must be referred to appropriate offices and/or supervisors for consideration in employee reviews and promotion and tenure decisions. Additionally, SEA 202 provides that complaints and any relevant documents, summaries, or investigations are to be made available to the Board of Trustees. Each campus academic/faculty affairs office should provide an overview of the EthicsPoint process, including which offices and/or individuals review and consider complaints, to instructors on their campus.
15. Q: What types of complaints can be filed?
A: SEA 202 provides that University students and employees are allowed to submit complaints if they believe that a faculty member or person contracted by the University to teach students is not meeting the following criteria:
- Helped the institution foster a culture of free inquiry, free expression, and intellectual diversity within the institution.
- Introduced students to scholarly works from a variety of political or ideological frameworks that may exist within the curricula established by the Board of Trustees or faculty of the institution under authority delegated by the Board of Trustees.
- While performing teaching duties within the scope of the faculty member’s employment, refrained from subjecting students to views and opinions concerning matters not related to the faculty member’s academic discipline or assigned course of instruction.
- Adequately performed academic duties and obligations.
- Met any other criteria established by the Board of Trustees.
16. Q: What information is the University required to share concerning the complaint procedure?
A: The University is required to make information available about the complaint procedure at student orientation, on the University’s website, and during faculty and staff employee onboarding programs.
17. Q: How is the University required to include provisions about the complaint process in student programming?
A: SEA 202 states that “[a]n institution shall include the following information in the institution’s programming for new students:
- The importance of:
- Free inquiry and free expression; and
- Intellectual diversity of viewpoints.”
- The appropriate and inappropriate responses to speech that a student finds offensive or disagreeable.”
- IU’s Office of the Vice President for Student Success will work with faculty and academic affairs staff, student life staff, and orientation staff across the campuses to develop and provide new students information about the relevant aspects of SEA 202, and IU-specific resources and guidelines. This information will be shared with new students at the beginning of the Fall semester.
Related Questions About Accreditation Requirements
18. Q: My program accreditor requires social justice concepts in our curriculum to be posted on our website. Can we still do this?
A: Yes. SEA 202 may not be construed to limit or restrict the academic freedom of faculty members or prevent faculty members from teaching, researching, or writing publications about diversity, equity, or inclusion or other topics. Please review GR-01 to ensure statements made on the website comply with the requirements of University policy and I.C. 21-39-8.5.
