The Auburn Plainsman has requested statements from both Gov. Kay Ivey's office and the Office of Inclusion and Diversity at Auburn University. We will continue to update the story with any new information.
On March 20, Alabama Gov. Kay Ivey signed into law SB 129, a bill banning state funding of diversity, equity and inclusion programs, making Alabama one of 36 states that introduced or passed legislation along these lines.
The bill, amended 10 times as of Feb. 21, addresses and prohibits “divisive concepts” among students and faculty alike among the state.
"Divisive concepts" as detailed in the legislation can be summarized as ideas that elevate or discriminate against people on the basis of race, gender, ethnicity or otherwise. Teaching that fault or blame should be assigned to members of a certain race, religion, sex or other category and that "meritocracy or traits such as hard work ethic are racists or sexist" also fall under the "divisive concepts" definition.
Any program, class, training, seminar or “other event” where participation is based on race, gender identity, ethnicity or national origin is in violation of the act. This is applied to all Alabama institutions of higher education, including Auburn University, as defined under the Code of Alabama, section 16-5-1.
Prior to the bill's passage, President Christopher Roberts said in a faculty senate meeting that he and the university plan to follow the legislature, "no matter what is passed."
Under this legislation, no school, state agency, local board of education or higher institution may “compel” students, employees or contractors to affirm these concepts' training, orientations or course work that “advocates upon or promote divisive concepts.” The bill also states that employees in violation of the bill may be disciplined or terminated relevant to the policies already established by their institutions.
According to section four, public institutions of higher education are not prohibited from "providing any instruction or taking any action in furtherance of satisfying any accreditation standard or requirement." Higher education institutions are also not limited in their research, data collection or teaching divisive concepts in an objective manner for the purpose of further learning.
The bill also states that funding that goes to institutions with DEI offices will be prohibited. The university's Office of Inclusion and Diversity falls under this category. However, university DEI programs could potentially continue to function under funding outside of state dollars.
Opponents of the bill argue that it is unconstitutional on the basis of First and Fourteenth Amendment. However, the bill states that “nothing” inhibits or violates the first amendment rights of employees or students as part of higher education's mission toward "academic freedom, intellectual diversity and free expression" as long as those efforts align with the law.
Following Ivey's signing of the bill, Roberts and Provost and Senior Vice President of Academic Affairs Vini Nathan sent out a joint statement in a university-wide email.
"As a land-grant university, Auburn is committed to delivering exceptional experiences and support to all of our students with particular emphasis on providing access and opportunity to the citizenry of Alabama so that they benefit fully from an Auburn education," the statement said. "We work hard each day at Auburn to create an environment where our faculty, staff and students are welcomed, valued, respected and engaged.
"We remain committed to providing these exceptional experiences while continuing to support academic freedom and freedom of expression. As always, Auburn will act consistently with applicable state and federal law."
Roberts and Nathan said in the email that they and other university officials have received updates regarding the bill as it moved along the legislature. The provost's office, led by Nathan, "will continue to work to ensure that our commitments to access and opportunity are upheld and are consistent with applicable law," in the coming weeks.
This statement follows the Supreme Court ruling last summer which struck down affirmative action admissions policies in public universities and comes just two months after Roberts stressed the importance of diversity at an event celebrating 60 years of Auburn's integration. Auburn's Black Student Union celebrated its 40th anniversary on campus recently, as well.
SB 129 will go into effect Oct. 1, after which the university must cut funding for the Office of Inclusion and Diversity, among other programs.
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Brychelle Brooks is a sophomore majoring in public and professional writing. She has been with The Plainsman since August 2023.
Connor Copeland, freshman in English literature, has been with The Plainsman since fall 2023
Kristen is a senior majoring in journalism with a minor in business. She has been with The Plainsman since her freshman year serving as a sports writer, podcast editor and host, and most recently, operations managing editor. Carr is currently the editor in chief of The Auburn Plainsman.
Twitter: @kristencarrau
