Updated as of May 9, 2024

HB261 goes into effect July 1, 2024. While there are still a few outstanding issues, this FAQ attempts to address some questions that have been posed about the legislation. 

To what areas of campus does HB261 apply?

The legislation applies to the entire university, which includes, but is not limited to, units, colleges, divisions, departments, programs, committees, centers and/or other university sub-units. It also applies to employees when engaged in their employment capacity and some students/student organizations where it is determined that they have a nexus with the university that would require compliance.

What does HB261 do?

HB 261 prohibits the university from engaging in certain practices on campuses, described more fully below, such as participating in prohibited discriminatory practices, requiring prohibited submissions or prohibited trainings, taking or expressing certain positions or making admissions or employment decisions based on personal identity characteristics.

What do individual employees, divisions, departments, or other areas have to do now? 

Each area of the university must review their policies, procedures, practices, programs, offices, and initiatives and decide whether any prohibited discriminatory practices, trainings, or required submissions exist and either modify them to come into compliance or eliminate them.

Each area must also review the language in their mission, vision, values, goals, strategic plans, job descriptions, or acknowledgment statements and remedy them from including prohibited language.

Any area that needs help should contact weberstateuniversity@weber.edu.

What are prohibited discriminatory practices? 

The university cannot have any office, division, employee or hire an outside entity that coordinates, creates, develops, designs, implements, organizes, plans or promotes any activities related to prohibited discriminatory practices. 

The law identifies prohibited discriminatory practices as engaging in or maintaining a policy, procedure, practice, program, office, initiative or required training:

- that based on personal identity characteristics:

• Promotes differential treatment of an individual;
• Influences employment decisions of an individual other than through the use of neutral hiring processes and in accordance with federal law;
• Influences an individual’s admission to, advancement in or graduation from an institution or academic program; or
• Influences an individual’s participation in an institution-sponsored program.

- or that:

• Asserts that one personal identity characteristic is inherently superior or inferior to another;
• Asserts that an individual, by virtue of personal identity characteristic, is inherently privileged, oppressed, racist, sexist, oppressive or a victim, whether consciously or unconsciously;
• Asserts that an individual should be discriminated against, receive adverse treatment, be advanced or receive beneficial treatment because of the individual’s personal identity characteristic;
• Asserts that an individual’s moral character is determined by the individual’s personal identity characteristic;
• Asserts that an individual by virtue of personal identity characteristic bears responsibility for actions committed in the past by other members of the same personal identity characteristic;
• Asserts that an individual should feel discomfort, guilt, anguish or other psychological distress solely because of the individual’s personal identity characteristic;
• Asserts that a meritocracy is inherently racist or sexist;
• Asserts that sociopolitical structures are inherently a series of power relationships and struggles among racial groups;
• Promotes resentment between, or resentment of, individuals by virtue of their personal identity characteristics;
• Ascribes values, morals or ethical codes, privileges or beliefs to an individual because of the individual’s race, color, ethnicity, sex, sexual orientation, national origin or gender identity;
• Considers an individual’s personal identity characteristics in determining receipt of state financial aid or other state financial assistance; or
• Is referred to or named diversity, equity and/or inclusion.

Are there exclusions to what is considered a discriminatory practice? What about academic freedom? 

The prohibitions do not apply in the following instances:

• Policies or procedures required to comply with state or federal law; 
• Requiring disclosure of an academic employee’s academic research, classroom teaching, or coursework;
• Require disclosure or discussion of a research, teaching agenda, artistic creations, pedagogical approaches or experience with students of all learning abilities for purposes of employment, tenure, or promotion;
• Requirements necessary for athletic and accreditation compliance;
• Requirements necessary to establish or maintain eligibility for any federal program;
• Academic research; 
• Academic course teaching in the classroom;
• A grant that would otherwise require a department, office, division or other unit to engage in a prohibited discriminatory practice if the grant has been reviewed and approved by the board of trustees or board of higher education.

What is a prohibited submission? 

Any submission, statement, document or request that requires an individual to articulate a position, view, contribution, effort or experience regarding a policy, program or initiative that promotes differential treatment based on personal identity characteristics; includes submission, statement, or document that relates to a policy, program or initiative regarding anti-racism, bias, critical race theory, implicit bias, intersectionality, racial privilege, or any prohibited discriminatory practices.

The university cannot grant preferential treatment to, require, solicit or compel as certification or condition before taking action with respect to employment, hiring, terms of employment, benefits, compensation, seniority status, tenure or continuing status, promotion, performance reviews, transfer, termination, appointment, admission to, advancement in, graduation from institution or program, participation in institution-sponsored program, qualification for or receipt of state financial aid or other state financial assistance.

What is a prohibited training? 

A mandatory instructional program and related materials for current or prospective employees, students or prospective students, that promote discriminatory practices, including in-person or online seminars, discussion groups, workshops, other programs or related materials. Trainings are considered mandatory if the person is required to attend or complete the training as a condition of employment or that would influence their ability to receive a promotion, tenure, or raise, or as a condition of admission, graduation, receipt of a certificate, or participation in student activities.

What will happen to the Division of Equity, Diversity, and Inclusion?

The university will no longer have a Division of Equity, Diversity, and Inclusion. A reorganization has already begun to move those areas under the Division of Student Access and Success (SAS). Positions will be reimagined to remove any prohibited discriminatory practices and will align with related areas in SAS. A detailed organizational chart has been shared with EDI and SAS leadership and will be finalized soon. Although titles and responsibilities will change, no one will lose their job.

What will happen to identity-based centers?

The university will no longer have identity-based centers but will instead reconfigure spaces and services to adopt a student coaching and programming focus, enabling the university to offer personalized support tailored to the unique needs of each student. This includes modifying position descriptions, organization, and spaces. 

What will happen to WSUSA? 

WSUSA will need to come into compliance with HB 261, as we determine further the applicability of the statute. The student Vice President for Diversity, Equity, and Inclusion will be modified to become the Vice President for Advocacy and Unity. Affinity-based senator positions will be discontinued and new senator positions may be created that comply with the law. Current student senators will not lose their activity waivers.

How will HB261 impact speech on campus? 

The university may not take, express or assert a position or opinion on anti-racism, bias, critical race theory, implicit bias, intersectionality, racial privilege, or prohibited discriminatory practices.

The president’s messages on university matters are presumed to be “university” expression absent an express disclaimer.  

Factors that may be considered in determining when other employees are engaging in institutional speech include when:  

• They are speaking as part of their responsibilities for the institution;  
• They have been granted authority by statute, ordinance, regulation, job description, custom, or usage; 
• They are utilizing communication channels commonly or regularly used for institutional communication;  
• The message is closely controlled by institutional leadership; or 
• They are purporting to speak on behalf of the institution, or otherwise acting in such a manner that they would likely be perceived by the public as speaking on behalf of the institution.   

HB 261 does not abridge academic freedom as identified by the university, nor the First Amendment rights of individuals who are authorized to speak for the university, to take, express, and assert personal opinions and positions in other capacities. However, such individuals should explicitly differentiate personal expression from institutional speech when operating in their personal capacities.

HB 261 includes a requirement that the University promote viewpoint diversity. This means that in programming, inviting speakers, etc., a broad range of topics and viewpoints be covered. The Utah Board of Higher Education has also mandated that the University adopt a policy of "institutional neutrality. See more about this concept here. 

The university may regulate other employee speech in accordance with First Amendment principles regarding whether a matter is of public concern (not a personal grievance of the individual) and whether the interest of the institution in protecting against disruption, efficiency, harmony, and interference with business operations outweighs the interest of the employee in engaging in the expressive activity.

Supporting free speech is vital to the health of an institution of higher education as a marketplace of ideas, as well as a constitutional imperative. HB261 requires the university to establish policies and procedures to include opportunities for education and research on free speech and civic education, including helping employees understand the bounds of free speech in their role working for the university. The university provides these opportunities and will be creating even more specific learning opportunities through Training Tracker. Learn more about free speech and the university’s policies on the free speech website.

How will HB261 impact speakers on the campus?

Under current university and Board of Higher Education policy, the university is charged to provide the opportunity for a plurality of speakers to engage an array of viewpoints. HB261 affirms that directive and the university will be reviewing its processes for creating those forums for speakers on campus.

Additional Info Shared by Student Access and Success updated July 9, 2024

What will the new Student Success Center look like?

The switch from multiple identity-based centers to one Student Success Center is a big change for many students, but we’re optimistic about our goal of focusing on the individual. Weber State has always been known for that, and now, we’re putting even more focused effort and resources behind it. 

Weber State is taking a more personalized approach to student success based on an individual’s unique skills, circumstances, and challenges rather than broad identity categories. 

Every student comes to college with a unique lived experience shaped by things like income, family college history, and identity. Our goal is to ensure that everyone, regardless of background, can succeed at Weber State.

Other institutions haven’t taken the same approach with cultural centers as we have. Why have we taken this approach?

Our restructuring is focused on two primary goals. First, to ensure that students have a place where they can feel community, get connected through educational programming, and get help navigating the university setting. Second, establish long-term stability and vision as soon as possible without risking another year of drastic changes in the future.

While guidance allowed for centers focused on cultural education, celebration, engagement and awareness to provide opportunities for all students to learn with and from one another, these centers could not provide individual student support or resources, which is the core of much of the work that historically occurred in these centers. Thus, our approach is to focus holistically on student success.

Will the resources offered in identity-based centers still be available elsewhere? Some of these centers offer scholarships; will those still be offered?

Scholarships are being reviewed and will still be awarded through the new Student Success Center and the Financial Aid and Scholarships offices. Advocacy Services for individuals who have experienced sexual related harms will be provided through Safe@Weber, and individualized support will still be provided to students in the Student Success Center. The Weber State Police can assist with potential criminal activity and the Office of Equal Opportunity is also a resource for those experiencing any form of discriminatory harassment.

Where can students connect based on identity?

Clubs are a good example of where students build communities around shared interests and identities. We’ll still host cultural events and programs that aim to celebrate, educate, and connect.

Where will the new centers be? 

The new Student Success Center and all employees in the center will be housed in the Student Services Building in Suite 150 and part of 160. Peer Mentoring and Wildcat Advantage will move to where the Black Cultural Center and Dream Center exist. Safe@Weber Violence Prevention and Advocacy will be located in its current location, and the Dream Center, now known as Access Resources, will be moved to Admissions. The Money Management Center will combine with hourly childcare, the Weber Cares Food Pantry, and the Nontraditional Student Center to now be known as the Student Resource and Support Center. This resource will be located in the current Nontraditional and Veterans spaces on the third floor of the Shepherd Union.

When will construction begin on the new centers?

The Student Services Building was scheduled for an upgrade to the HVAC system in 2-3 years. Because of the extent of the construction of the new centers (and a remodel with Study Abroad and Disability Services), we are moving that HVAC upgrade up to occur simultaneously. Because of this effort's cost, it requires institutional and legislative approval. We are beginning the design, bid, and build stages of this project now and anticipate construction in late spring 2025. Over the next few months, the proposed designs will be created and revised with stakeholder input.

How will students find out about these new centers?

In addition to emails sent to students, we have a series of town halls, with one in June, one in August, and one in September, to discuss these changes through Donuts and Discussion. We are also working on a comprehensive marketing campaign to share more information with students in the fall. Through the new Student Success Center, we will also reach out to each student in the fall to let them know about the center and the option to connect and be connected with programming and resources.

What are the missions of the new centers?

Student Success Center: Create an environment that affirms each individual, fosters vibrant communities, offers individualized student coaching, and cultivates a place where students achieve academic, personal, and professional excellence.

Student Support and Resource Center: Enrich the lives and well-being of our students by addressing their basic needs, removing financial barriers, and fostering a safe and supportive environment for academic success.

What are the different roles within the Student Success Center?

Student Engagement Program Managers
Primary Responsibilities:
Provide individualized guidance and support to students, focusing on their academic, personal, and professional development.
Develop and implement culturally enriching programs to foster a sense of belonging and enhance student retention and persistence.
Assist students in navigating institutional resources, such as financial aid, academic advising, and campus employment.
Maintain a caseload of students, offering ongoing support and being a primary point of contact for issues.
Lead efforts in awarding retention-based scholarships and develop strategies to support at-risk students.
Engage across different student demographics (e.g., traditional, first-generation, low-income, food insecure, returning, and transfer students) to offer individualized support to help students attain their personal and professional goals.

Student Success & Navigational Advisors
Primary Responsibilities:
Provide academic coaching to help students set goals, assess needs, overcome barriers, and develop effective learning strategies.
Guide students in using tools like the university catalog, degree evaluations, and graduation maps for academic planning.
Help students understand university policies and procedures.
Connect students to campus and community resources (e.g., clubs, tutoring, counseling, disabilities).
Conduct outreach through university campaigns to support student enrollment, retention, and persistence to graduation.
Assist in developing and implementing programs to enhance cultural engagement and student persistence.

 

The information above is for general overview purposes only and does not constitute legal advice. Each situation is different and legal review is fact-specific. Consult the law or policies for specific information.