Proposed DEI, tenure legislation is ‘deeply concerning’ for Kentucky colleges


In a lengthy email to University of Kentucky students and staff Wednesday, President Eli Capilouto rebuked GOP legislators’ efforts to curtail diversity, equity and inclusion practices at public universities, calling such bills “deeply concerning” and rejecting the accusation that institutions like UK push “narrow and rigid orthodoxies of thought.”

“We don’t speak out as an institution on public policy unless the issues will impact our entire community in potentially significant ways,” Capilouto wrote in the campus-wide email. “This is one of those moments. Let’s not extinguish the thirst for knowledge because certain questions aren’t allowed because they are uncomfortable or challenging.”

Publicly opposing both bills, something he acknowledged UK administrators rarely do, the president of Kentucky’s largest university system said three bills before the Republican-controlled General Assembly threaten UK’s core mission.

That mission, Capilouto said, is to foster an environment wherein the “freedom to explore and ask questions of anyone or anything — without fear of reprisal — is essential.”

The university’s work towards supporting students of color should be valued and supported, not undermined, he said.

“The truth is that our world and our state are changing. We are growing more diverse. Indeed, we must, if our state is to grow economically. We should embrace that change and harness the opportunities it presents, not shrink from it.”

Capilouto criticized Senate Bill 6 from Sen. Mike Wilson, R-Bowling Green, which would block all DEI initiatives that promote so-called “discriminatory concepts;” House Bill 9 from Rep. Jennifer Decker, R-Waddy, which would force public colleges and universities to dismantle and defund DEI offices and positions; and a “tenure bill,” House Bill 228 from Rep. James Tipton, R-Taylorsville, which would introduce required performance evaluations for higher education faculty positions, making it harder to grant or earn tenure.

This bills, he said, send “a signal we are not committed to being a campus that welcomes differing perspectives and supports the quest for discovery, wherever it leads.”

Sponsors of the anti-DEI have said the initiatives are a vehicle for liberal indoctrination and reverse discrimination, spurring a suppression of free speech and ideological diversity that leaves little to no room for conservative viewpoints.

As Sen. Wilson told fellow senators Tuesday, before his Republican colleagues granted his bill passage, his proposal is meant to “counter a trend” of penalizing students and staff “who do not conform to liberal ideologies fashionable in our universities.”

Capilouto made reference to this point on Wednesday, saying, “There are doubts about how welcome we are to divergent opinions, regardless of ideology or religion, creed or background. There are questions about whether we teach and instruct in ways that promote diverse ideas rather than proselytize in furtherance of narrow and rigid orthodoxies of thought. I don’t believe that’s the norm on our campus.”

House Bill 228 would introduce a statewide performance evaluation process for all state universities and the Kentucky Community and Technical College System. All faculty evaluations would have to be completed at least once every four years, and would allow university employees to be fired for failing to meet “performance and productivity requirements.”

Critics of the bill say it would eliminate tenure in the state, which protects university employees from being fired without cause. Tipton has pushed back on this criticism, saying the bill is not meant to target tenure. It was sent to the House Education Committee last month.

Capilouto said tenure is “fundamental” to UK, and is how the university is able to recruit and retain top scholars, researchers and professors.

“This pursuit is an honor we have as members of an academic community,” Capilouto said. “And it is a responsibility we bear as Kentucky’s greatest hope for progress.”

Earlier this year, in an interview with the Herald-Leader, Capilouto said UK has to find a way to balance free speech, academics and mutual respect. When asked about the DEI bills at that time, he said he hoped to speak with lawmakers about their intents for the bills.

“We don’t have room for threats, intimidation or harassment towards an individual or a group,” he said. “We cannot interrupt and disrupt someone’s opportunity for an education. And at the same time, we’ve got to find a way to have those difficult discussions while understanding our story and the stories that are within other people, such that we can gain knowledge and respect from those interactions.”

While Capilouto made clear — “I am opposed to the legislation regarding both DEI and tenure” — he said he recognizes the “concerns being raised are sincerely considered by policymakers who believe in what we do for Kentucky.”

But he finds those concerns misguided.

As a “learning community and a public institution,” Capilouto said, “we must always acknowledge that we can improve by listening and responding. We will do that, too.

“Across this campus, staff and faculty work to support students of color and from underrepresented backgrounds,” he added. “We should value and support that work, not diminish it.”

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