Foundation for Individual Rights and Expression (FIRE) attorney Daniel Ortner says the California Community Colleges system and the State Center Community College District changed their position when six professors sued over being evaluated based on their commitment to diversity, equity, inclusion, and accessibility (DEIA).
In March 2023, the California Community College system amended its tenure and employee review guidelines to include DEIA standards, with regulations stating that faculty members "shall employ teaching, learning, and professional practices that reflect DEIA and anti-racist principles" and mandating they "promote and incorporate culturally affirming DEIA and anti-racist principles."
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"A couple years ago, the chancellor said, 'You need to change your curriculum in the classroom to teach concepts like anti-racism,'" Ortner summarizes. "They walked it back because they realized they can't force professors to teach a certain viewpoint."
Specifically, the state chancellor's office "disavowed any intent or ability to take any action against plaintiffs" for their classroom teaching, and the district confirmed that none of the plaintiffs' "proposed future actions" for their courses violate the rules or the faculty contract.
Nonetheless, FIRE will be watching the colleges closely.
"If [these professors and] anyone else elsewhere in the state and other districts is being forced or punished for not teaching a certain thing, we want to know about that," Ortner notes.
On Jan. 28, U.S. District Judge Kirk E. Sherriff decided that because of the college officials' disavowals, the professors had not suffered a harm sufficient to challenge the regulations' constitutionality. In dismissing the lawsuit, Judge Sherriff emphasized that neither the DEI rules nor the faculty contract "mandate what professors teach or how any DEIA principles should be implemented."