DIVERSITY, EQUITY, AND INCLUSION (DEI)
FREQUENTLY ASKED QUESTIONS (FAQs)
The following FAQs are provided as general guidance to UNT System and its Universities for the implementation of Senate Bill 17. The information provided herein is broad and may not cover every specific question or situation that arises. For answers to specific questions not addressed below please reach out to the UNT System Office of General Counsel for guidance.
GENERAL
Q2: When does Senate Bill 17 go into effect?
Q3: Does Senate Bill 17 alter existing obligations under federal or state law?
Q4: What DEI Activities are prohibited?
Q6: May a University operate an office, department, or unit that conducts DEI programs?
Q7: May a University hire or assign University employees to perform the duties of a DEI office?
Q8: May a University contract with a third-party to perform the duties of a DEI office?
EMPLOYEE RECRUITMENT
Q10: May a University ask an applicant for employment to provide a DEI statement?
STUDENT RECRUITMENT AND ADMISSIONS
EVENTS
Q12: May a University host events or programs that support inclusion in a general way?
Q13: Does Senate Bill 17 prohibit a University from engaging guest speakers?
Q16: May a University support a student organization that engages in a DEI activity?
Q17: May a University support an event or program that is focused on faculty or staff?
COURSE INSTRUCTION
DATA COLLECTION
Q19: May a University collect data, including identifying information, of an applicant or employee?
MISCELLANEOUS
Q21: May a University ask any person to provide a DEI statement?
Q23: May information about DEI be on University websites or social media pages?
Q24: May a University feature references to identity-based professional groups on their websites?
EXCEPTIONS
The following is the full list of exceptions to which Senate Bill 17 does not apply. Many of these are explained in greater detail in the FAQs found above:
- Academic course instruction;
- Scholarly research or a creative work by an institution of higher education’s students, faculty, or other research personnel or the dissemination of that research or work;
- An activity of a student organization registered with or recognized by an institution of higher education;
- Guest speakers or performers on short-term engagements;
- A policy, practice, procedure, program, or activity to enhance student academic achievement or postgraduate outcomes that is designed and implemented without regard to race, sex, color, or ethnicity;
- Data collection; or
- Student recruitment or admissions.
FURTHER INFORMATION
For further information, please see the following:
Office of General Counsel Memo – SB17 General Guidance
Office of General Counsel Memo – DEI Committees and Council Guidance
Senate Bill 17 (88(R) – 2023) added Section 51.3525 of the Texas Education Code, titled Responsibility of Governing Boards Regarding Diversity, Equity, and Inclusion Initiatives.
Q2: When does Senate Bill 17 go into effect?
Senate Bill 17 took effect on January 1, 2024.
Q3: Does Senate Bill 17 alter existing obligations under federal or state law?
No, nothing in Senate Bill 17 alters UNT System or University obligations under federal or state law, including the anti-discrimination requirements of Title VI & Title VII of the Civil Rights Act of 1964 and the Equal Protection Clause of the 14th Amendment.
Q4: What DEI Activities are prohibited?
Universities may not establish or maintain an office, division, or other unit (DEI Office) for the purpose of:
-
- influencing hiring or employment practices with respect to race, sex, color, or ethnicity, other than through the use of color-blind and sex-neutral hiring processes in accordance with any applicable state and federal anti-discrimination laws;
- promoting differential treatment of or providing special benefits to individuals on the basis of race, color, or ethnicity;
- promoting policies or procedures designed or implemented in reference to race, color, or ethnicity, other than policies or procedures approved in writing by the University’s general counsel and the Texas Higher Education Coordinating Board for the sole purpose of ensuring compliance with any applicable court order or state or federal law; or
- conducting trainings, programs, or activities designed or implemented in reference to race, color, ethnicity, gender identity, or sexual orientation, other than trainings, programs, or activities developed by an attorney and approved in writing by the University’s general counsel and the Texas Higher Education Coordinating Board for the sole purpose of ensuring compliance with any applicable court order or state or federal law.
Universities are also prohibited from:
-
- having a DEI Office, or an office that provides one or more of the prohibitions listed in 1 through 4 above;
- hiring or assigning an employee or contracting with a third party to perform any of the prohibitions listed in 1 through 4 above;
- compelling, requiring, or soliciting any person to provide a diversity, equity, and inclusion statement, or giving preferential consideration to any person based on the provision of a diversity, equity, and inclusion statement;
- giving preference on the basis of race, sex, color, ethnicity, or national origin to an applicant for employment, an employee, or a participant in any function of the University;
- requiring as a condition of enrolling at the University or performing any University
function any person to participate in diversity, equity, and inclusion training which:
a. includes any training, program or activity designed or implemented in reference to race, color, ethnicity, gender identity, or sexual orientation; and
b. does not include a training, program, or activity developed by an attorney or approved in writing by the University's General Counsel and the Texas Higher Education Coordinating Board for the sole purpose of ensuring compliance with any applicable court order or state or federal law.
A DEI Office is an office, division, or other unit of an institution of higher education established for the purpose of engaging in any of the prohibited actions listed in Q4 above.
Q6: May a University operate an office, department, or unit that conducts DEI programs?
No. Institutions of higher education are prohibited from establishing or maintaining DEI offices, other than for the sole purpose of ensuring compliance with federal or state law.
Q7: May a University hire or assign University employees to perform the duties of a DEI office?
No.
Q8: May a University contract with a third-party to perform the duties of a DEI office?
No.
Q9: May a University give preference based on race, sex, color, ethnicity, or national origin to an applicant for employment?
No.
Q10: May a University ask an applicant for employment to provide a DEI statement?
No. A University must not compel, require, induce or solicit any person to provide a DEI statement or give preferential consideration to a person based on the provision of a DEI statement.
Q11: May a University require, as a condition of enrolling at the University, a person to participate in DEI training?
No. A University must not require, as a condition of enrolling at the University, a person to participate in DEI training, including a training, program, or activity designed in reference to race, color, ethnicity, gender identity, or sexual orientation.
Q12: May a University host events or programs that support inclusion in a general way?
Yes. Senate Bill 17 prohibits preferential treatment of groups based on race, sex, color, or ethnicity. Events or programs that are open to everyone and do not promote preferential treatment of any particular group based on race, sex, color, or ethnicity are permissible.
Q13: Does Senate Bill 17 prohibit a University from engaging guest speakers?
No. Guest speakers or performers engaged on a short-term basis are permissible.
Q14: Does Senate Bill 17 prohibit a University from hosting federal and state recognized heritage and history days and months?
Generally no. Senate Bill 17 does not prohibit recognition of a heritage or history day or month that emphasizes culture or history. University heritage or history day or month recognition events should focus on history and/or culture, must be open to everyone, must not provide preferential treatment of any one group over another based on race, sex, color, or ethnicity, and must not require attendance by students or employees.
Q15: Are activities by student organizations registered with or recognized by a University prohibited by Senate Bill 17?
Senate Bill 17 specifically states it does not apply to an activity of a student organization registered with or recognized by an institution of higher education.
Q16: May a University support a student organization that engages in a DEI activity?
Student fees that support student organizations may be provided, in a neutral manner, to support student organizations regardless of whether the student organizations engage in a DEI activity. However, a University may not use a student organization as a quasi-university department to conduct DEI activities.
Q17: May a University support an event or program that is focused on faculty or staff?
Yes, so long as the event or program is open to all the department’s faculty or staff and does not promote preferential treatment of any particular group based on race, sex, color, or ethnicity.
Q18: May an instructor discuss race, ethnicity, sex, gender, gender identity, sexual orientation, or related topics in their classroom?
Yes, but only if such discussion is specifically associated with academic course instruction. In addition, Senate Bill 17 does not apply to scholarly research or a creative work by an instructor.
Q19: May a University collect data, including identifying information, of an applicant or employee?
Generally yes. Senate Bill 17 does not apply to data collection. Universities are often required by federal or state law to collect certain information.
Q20: What type of information may be submitted by a University, or an employee of the University, for purposes of applying for a grant or complying with the terms of accreditation by an accrediting agency?
A University or its employee may submit, for purposes of applying for a grant or complying with the terms of accreditation by an accrediting agency, a statement that:
-
- highlights the University’s work in supporting first-generation college students, low-income students, or underserved student populations; or
- certifies compliance with state and federal anti-discrimination laws.
Q21: May a University ask any person to provide a DEI statement?
No. A University must not compel, require, induce, or solicit any person to provide a DEI statement or give preferential consideration to a person based on the provision of a DEI statement.
Q22: May a University require, as a condition of performing any University function, a person to participate in DEI training?
No. A University must not require, as a condition of performing any University function, a person to participate in DEI training, including a training, program, or activity designed in reference to race, color, ethnicity, gender identity, or sexual orientation.
Q23: May information about DEI be on University websites or social media pages?
Information that promotes differential treatment or provides special benefits to certain individuals or groups based on race, sex, color, or ethnicity is prohibited.
Q24: May a University feature references to identity-based professional groups on their websites?
Yes, but only if the groups do not promote preferential treatment of any particular group based on race, sex, color, or ethnicity and are open to all individuals, and promote equal opportunity.
Q25: May a faculty or staff member write a letter of recommendation for a student who is applying for a position or internship with an external group focused on race, sex, gender, national origin, sexual orientation, or gender identity?
Yes. Senate Bill 17 does not prohibit employees from writing letters of recommendation for undergraduate or graduate students.