Understanding the Equality Policy

Section 300.8.5 of the UNC Policy Manual is titled Equality Within the University of North Carolina. The policy was adopted by the UNC Board of Governors on May 23, 2024, and was effective immediately. The policy affirms six main points that impact both students and employees: nondiscrimination, equality of all persons and viewpoints, free speech and expression, academic freedom, student success and employee wellbeing, and institutional neutrality. The policy specifically protects faculty members’ academic freedom, including research and curriculum decisions, and University work that focuses on the academic performance, retention or graduation of students.

The policy takes three current legal and policy requirements and applies them to offices and roles. Those three requirements are:

• Institutional Neutrality: No office or role within the UNC System institutions may be organized or operated on matters of contemporary political debate or social action.
• Prohibition of Compelled Speech: No office or role may endorse or express opinions about beliefs, affiliations, ideals, or principles regarding contemporary political debate or social action.
• Prohibition of Promoting Certain Concepts: No office or role within the UNC System institutions may be organized or operated to promote a list of concepts codified at NC. Gen. Stat. § 126-14.6.

The North Carolina General Assembly enacted N.C. Gen. Stat. §116-300(3a) in 2023. The law requires constituent institutions of the UNC System from taking or expressing a position “on the political controversies of the day” when speaking in their official capacities. This means that NC A&T’s representatives and employees should not make any statements on controversial issues on behalf of the University or through the University’s social media accounts and websites.

The requirements for institutional neutrality should have little to no effect on students. Students rarely speak as representatives on behalf of NC A&T.

The North Carolina General Assembly enacted N.C. Gen. Stat. §116-300(3), Political Activities of State Employees in 2023. The provision prohibits constituent institutions from requiring students, faculty, or administrators to publicly express a given view of social policy.” In January 2023, the UNC Board of Governors amended UNC Policy Manual § 300.5.1, Political Activities of Employees to “further protect intellectual freedom and free expression in university hiring, admissions, and evaluation for professional advancement…” This means that anyone purporting to act on behalf of the University should not solicit or require any applicant for admission or employment, student, staff, or faculty member to make statements or respond to questions that require them to attest to or affirm beliefs about political controversies or social action as part of these processes. This prohibition applies to promotional opportunities, including faculty promotion and tenure processes. The UNC System also issued guidance on the political activities of EHRA/EPS employees.

When reviewing the application for a search, avoid any required or supplemental questions that solicit or require the applicant to attest to viewpoints or beliefs, such as a DEI statement or political perspective, or general questions that point the applicant toward attesting to beliefs or a specific point of view in their answer. Additionally, avoid any questions that could signal to the interviewee or candidate that the questioner prefers a particular answer. The UNC System issued Guidance Regarding Implementation of Policy Against Compelled Speech on March 17, 2023.

Questions in the application process can ask about the person’s experience, job competencies, and skills in a certain area that can be measured and are applicable to the position they are applying for.  Information included in resumes, cover letters and publicly available information can be used to formulate questions.

The goal of institutional neutrality is to promote the open exchange of ideas on campus by ensuring that schools don’t silence dissenting opinions. Members of the campus community will be more inclined to research controversial subjects and express their views without worrying that those subjects and views run counter to a political or social position held by the University or any of its departments.

Although NC A&T’s employees must refrain from addressing controversial political or social issues when representing the University in their official capacities, the First Amendment to the U.S. Constitution protects the right of all students and employees to express their personal opinions. Even before the enactment of the state laws prohibiting compelled speech and mandating institutional neutrality, employees were always required to make it clear when expressing their personal opinions that they are speaking in their personal capacity as citizens, and not as representatives of N.C. A&T. You must still be careful that your speech does not compromise N.C. A&T’s neutrality, efficiency or integrity.

Faculty members are entitled to academic freedom in the classroom when discussing issues related to their course, including controversial topics, but should be careful not to introduce controversial topics that are unrelated to the curriculum. You are free to design and teach courses consistent with the University’s mission and your academic expertise. You can choose your course materials, direct classroom discussions, and incorporate diverse perspectives relevant to the course and subject matter.

Yes. Administratively directed centers must ensure compliance with content neutrality requirements, while faculty-directed academic centers that serve as extensions of the faculty’s pursuit of teaching, research, and service remain protected by academic freedom.

Faculty may conduct research and apply for grants freely, maintaining academic freedom, and must not imply that NC A&T is commenting on the political controversies or social action events or supporting specific political or social viewpoints. Faculty can affirm their personal beliefs in support of grant applications, but institutional commitments must comply with the legal and policy-mandated institutional neutrality requirements.

Staff-conducted research should be reviewed to ensure it aligns with the policy's guidelines since it is not afforded the same protections as faculty research in the policy and guidelines. Contact the Office of Legal Affairs with any questions.

Yes. Generally, college and department DEI committees must shift their focus to broader student, staff, and faculty success and wellbeing because they are considered subdivisions or units of the University. This may require renaming of committees to demonstrate compliance. 

Yes. Self-organized, identity-based affinity groups may be allowed. However, participation must be voluntary, must be non-discriminatory, and participants cannot speak on behalf of the University. These caucuses and groups are not subdivisions or employment positions of the University, and are therefore not prohibited by the Equality Policy.

Yes, faculty and staff can participate in self-governing groups or caucuses if they are independent and do not represent the University. Activities must be non-discriminatory, not exclude individuals based on protected statuses, and avoid University-sponsored political or social advocacy. The university may be able to provide nominal resources on a non-discriminatory basis.

University, college, and departmental committees, boards, workgroups, or task forces, must comply with the institutional neutrality mandates. However, faculty and staff can participate in outside professional organization service and community outreach without those same restrictions. University committees focused on particular identities must turn their focus to improving student success metrics in objectively demonstrable ways consistent with the UNC System’s Strategic Plan.

Mission statements and strategic plans that include DEIB-related value statements or objectives must be revised to comply with the Equality Policy.

Most accreditation standards reviewed so far do not conflict with the policy or guidance. Units with specific questions can seek assistance through their supervisory chain of command from the Office of Legal Affairs.

The policy does not restrict student groups or student organizations from engaging in political or social advocacy as long as they do not speak on behalf of the University. The University supports all registered student organizations equally, ensuring access to campus resources.

Students who are not employees of the University and student organizations are exempt from the policy requirements.

Yes. Faculty and staff can still advise student organizations or otherwise sponsor or facilitate student groups as long as they do so voluntarily, avoid controlling the content presented by the group, and do not use the group as a proxy for expressing their own viewpoints.

Yes, identity-based student mentoring, programming, and support are permitted as long as they align as student success initiatives.

University webpages must remove content that may be interpreted to support specific political or social viewpoints. Postings on the University’s social media accounts must also be compliant with the policy. Content should focus on providing factual information about programs, services and events without implying institutional endorsement of specific viewpoints. Efforts should begin with the most visible content, such as main website information, and ensure all current publicly facing materials comply with the policy.

Working closely with the Office of University Relations, each Vice Chancellor or member of the Chancellor’s Cabinet must oversee and ensure that the web pages under their purview comply with the law and policy. All changes to web pages must be documented in detail.

Except for historical content (e.g., announcements, faculty, staff, or student recognition publications, published research, previous stories, past awards, meeting minutes, archived documents, etc.) content that violates the Equality Policy must be removed or revised. University webpages and social media should focus on providing objective information about programs, services, student success, employee engagement, and other events without implying that the University supports a specific political or social viewpoint. Priority must be given to the most visible content to ensure compliance with the policy.

No, the University does not need to retroactively delete announcements, faculty, staff, or student recognition publications, published research, previous stories, past awards, meeting minutes, archived documents, etc. However, such things as mission statements, strategic plans, public-facing materials representing current positions, events, activities, or upcoming or activities must be and updated to ensure compliance with the policy.

Terminology must be changed to unequivocally and clearly express the University’s commitment to equality of opportunity in education and employment. The language used in the Equality Policy and UNC System Guidance may be helpful.

Terminology must be changed to unequivocally and clearly express the University’s commitment to equality of opportunity in education and employment. The language used in the Equality Policy and UNC System Guidance may be helpful.

Questions concerning the interpretation and application of the policy should first be directed to immediate supervisors, who can consult with their leadership team as needed. If further counsel is required, Cabinet members, vice chancellors, deans, and department leaders can consult with the Office of Legal Affairs by email to legal@ncat.edu for clarification.