University of Nebraska regents amend bylaws to comply with federal anti-DEI mandate
FILE — The University of Nebraska Board of Regents meets Oct. 5. 2023, at the University of Nebraska Medical Center in Omaha. (Zach Wendling/Nebraska Examiner)
OMAHA — The University of Nebraska Board of Regents approved multiple bylaw changes Friday in response to President Donald Trump with some opposition from students, faculty and two elected regents.
In two 6-2 votes, the NU Board of Regents amended various policies, including those on 'equal opportunity' in employment, admission of students and cultural diversity in setting nonresident tuition remission programs. NU's four student regents did not support the changes, though their votes are non-binding under the Nebraska Constitution.
The changes came after the Trump administration in February warned colleges and universities that federal funding could be at risk if they didn't end diversity, equity and inclusion programs.
NU Regent Elizabeth O'Connor of Omaha, who opposed the changes along with Regent Barbara Weitz of Omaha, said the decision 'weighed heavily' on her after an emergency Feb. 25 meeting, less than two weeks after the Trump letter, to let the bylaw changes to come up for a vote in time.
O'Connor said the federal action against DEI didn't specifically define the targeted programs. She noted DEI isn't just race or ethnicity but is also about women, first-generation college students, nontraditional students, veterans, low-income students and students with disabilities.
'The practices targeted are often research-based practices with decades of education research that indicates numerous benefits to individuals, community and society,' O'Connor said.
Student Regents Elizabeth Herbin (University of Nebraska-Lincoln), Ishani Adidam (University of Nebraska at Omaha) and Pranita Devaraju (University of Nebraska Medical Center) said they publicly opposed the changes on behalf of their student bodies.
Herbin and Adidam have spoken out on past actions on their campuses to shut down DEI-related offices. Zackary Bursh, a 19-year-old sophomore at UNL, said the regents had a choice to decide how to respond and show they care.
UNL faculty Stephanie Bondi and Crystal Garcia, who said they study higher education and the proposed changes on students, told the regents Friday that amending the bylaws could hurt students. Garcia said the Trump 'anti-civil rights guidance' wasn't law and that other universities that have complied in response to similar threats have still lost federal funding.
'Complying with this administration will not save us,' Garcia said. 'It will only open our campus communities to years of continued scrutiny, surveillance and coercion.'
Adidam, whose UNO campus hosted the regents Friday, said there has been a 'culture shift' since the closure of DEI offices. She and Herbin said the policies were more than 'language.'
'Yes, this is language, but language is the first step to creating more action that could potentially have negative consequences for students,' Adidam said. 'I personally don't think UNO students would want that.'
The fourth student, Sam Schroeder (University of Nebraska at Kearney), abstained from one of the votes but opposed the second. He will return as UNK's student regent next year, while this is the last scheduled meeting for the three other student regents.
Regent Jim Scher of Norfolk said he didn't necessarily disagree with the students or O'Connor but that he was concerned about the 'extent of damage' that inaction could cause.
'I don't want to cause a financial problem that is much greater than the verbiage problem that we're talking about,' Scheer said.
Noting the groundswell for underrepresented students that the students and O'Connor defended, Scheer said it could be the same students who lose Pell Grants or federal funding.
'The same students that we're talking about being recognized and feeling inclusive or important and helpful, without those Pell Grants, wouldn't be here,' Scheer said. 'I'm not going to be cavalier enough to say I'm going to take a stand symbolically because when those people, those students, don't get their Pell Grants and their funding, they're no longer students.'
He continued: 'I think the education of those students outweighs the value of this symbolic vote to withstand the pressures put on us.'
Regent Kathy Wilmot of Beaver City echoed Scheer that her 'overarching responsibility' was to ensure NU could continue to offer educational opportunities.
O'Connor said she recognized those arguments but disagreed with Scheer that she was being 'cavalier.' She said that seemed 'rude.' Scheer said he was only talking about himself.
'Reasonable minds can have different votes here,' O'Connor said in response.
Devaraju said she understands concerns that without the changes NU could lose funding but said she wanted to use even her 'symbolic' vote to speak out.
She added that the 'intentionally unclear guidance' came after NU had made many DEI-related changes to appease the federal government and seemed to be leaning toward potential 'over compliance.'
'I also feel that in 50 years we will look back and wonder why we didn't protest at all as our hand was being forced,' Devaraju said.
O'Connor said she worried Friday's action wouldn't be the end.
'While today is just one piece of unraveling support for students in research supported by DEI,' O'Connor said, 'I believe that it is just the beginning, and it will be hard to reverse the damage done in the future.'
Regents on Friday also approved:
Establishing the Nebraska Children's Justice and Legal Advocacy Center in the Nebraska College of Law on UNL's campus.
Creating a graduate certificate for emergency nurse practitioners at UNMC.
Approving collective bargaining agreements for unionized employees at UNK and UNO.
Naming the volleyball court in the Bob Devaney Sports Center the 'John Cook Arena' and putting up a bronze statue of the former Huskers volleyball head coach outside.
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