Activists: Higher education bill will harm faculty of color Critics say reporting system will target faculty of color
Black faculty and activists say that an Indiana Senate bill could disproportionately penalize faculty of color and hinder open discussions of racism and racial history at Indiana’s public universities.
Senate Bill 202, which recently cleared both chambers and now awaits a decision from Gov. Eric Holcomb, seeks to institute 5-year reviews of tenured professors, bar universities from requiring statements related to diversity, equity and inclusion (DEI), and establish new student programming on engaging with a diverse range of topics at Indiana’s public universities.
The Indiana NAACP State Conference, Indianapolis Urban League, and 49 other state organizations signed a letter speaking out against the bill, saying the bill’s language surrounding “intellectual diversity” would disproportionately affect faculty of color who teach sensitive subjects like racism and slavery.
“Any time you talk about diversity, equity and inclusion, you’re usually talking about gender or race,” said Gwen Kelley, a member of the Indiana NAACP State Conference’s education committee. “So, if you say I can’t address race, you’ve taken away that part of my community, and part of my history.”
SB 202 makes no mention of racism or specific political and historical topics. Critics argue the bill feeds into a larger trend of Republican higher education reform bills that seek to eliminate DEI programs and instruction of topics like Critical Race Theory and LGBTQ+ studies — including a failed attempt in Indiana to ban “divisive topics” in K-12.
Sen. Spencer Deery, who authored the bill, said he’s an education advocate and was careful to use language like “intellectual diversity” in the bill to avoid dismantling or defunding DEI programs as other bills have done. The University of Florida this month eliminated all of its DEI positions after a similar state law barred public funding of such programs.
“I expanded the definition to make it clear that diversity includes both cultural diversity, but also intellectual diversity as well. So there’s nothing in this bill that limits DEI initiatives,” Deery said.
Critics argue the “intellectual diversity” language still puts faculty of color at risk.
“They’re just wrapping words around it,” said Rev. David Greene, senior pastor of Second Baptist Church and president of the activist group Concerned Clergy of Indianapolis. “Intellectual diversity is really gonna be driven by conversations around diversity, and it’s gonna be Black professors who are going before these boards.”
Critics of the bill argue a provision outlining a reporting system where students can file complaints about faculty they believe aren’t welcoming “expression of different opinions and ideologies” will lead to faculty of color being reported the most.
Russ Skiba, a former Indiana University professor and co-founder of the University Alliance for Racial Justice, said faculty of color will receive the most complaints because they’re often explicitly tasked with teaching classes on diversity.
“For better or worse, universities tend to nudge their faculty of color into teaching the diversity class,” Skiba said. “What’s going to happen when we have a reporting system in place? It will clearly target and affect faculty of color much more than it will affect others.”
A 2023 study on the impact of student complaints on faculty work found faculty of color were more likely to report having received a student complaint than their white peers, and respondents reported dropping or limiting classes on racial subjects for fear of retaliation from administration.
“This is a very blatant effort to inject race into our everyday activities, while self-righteously claiming that their ultimate objective is to rid the country of racial considerations,” said Mark Russell, director of advocacy for the Indianapolis Urban League.
Concerns for impact on education statewide and at all levels
While SB202 concerns higher education, Kelley warns its impact could be felt in K-12 education throughout Indiana.
“What happens in higher ed impacts K-12, because these are the future teachers that are going to be coming into our pool of educators,” Kelley said.
In 2023, less than 20% of Black students in Indiana passed their ILEARN math and reading proficiency test, compared to 47.5% of white students.
Kelley says training “culturally responsive” teachers and classrooms is a key element of the NAACP’s strategic plan to narrow Indiana’s Black-white achievement gap. If candid discussions on race aren’t occurring in college classrooms, Kelley argues, teachers won’t be equipped to understand and address racial barriers when teaching K-12.
“We’re already losing teachers, and in the midst of all this turmoil, you can’t even tell the truth as you’re teaching,” Kelley said. “It’s the exact opposite of what we would’ve hoped for.”
Deery maintains his bill will work to protect and increase discussions of race and other difficult topics in higher education, and was inspired by the 2023 Indiana Free Speech Report that found Black and conservative students at Indiana’s public universities similarly felt marginalized from speaking their mind on campus.
Deery says the bill was written with measured language to protect faculty, including a provision that says faculty members cannot be prevented from “teaching, researching, or writing publications about diversity, equity, and inclusion or other topics.”
“It would be illegal if they did,” Deery said. “If you look into it, it makes it clear that if you base your report on the content of their research or their political views or commentary, that’s illegal.”
But Kelley argues the mere existence of such a reporting method, coupled with the bill’s provisions on tenure review, would create a chilling effect for faculty of color.
“Even if it doesn’t go that far, just because it’s out there, people are going to be afraid,” Kelley said.
Reach Brian Rosenzweig at brian@heraldt.com.