18.010: Advance Ohio Higher Education Act Compliance

Status:

Approved for interim use in accordance with Policy 01.001

Effective:

June 13, 2025

Approved by:

Ohio University Board of Trustees 

Signatures and dates on archival copy
  1. Purpose 

    The purpose of this policy is to ensure Ohio university’s compliance with certain provisions of the Advance Ohio Higher Education Act (the “AOHEA”, also known as Senate Bill 1 of the 136th General Assembly). This policy informs the campus community about prohibitions and requirements of the AOHEA and provides for a prompt, fair, and impartial process to address alleged violations of this policy.

  2. Scope 

    This policy applies to all Ohio university students, student groups, faculty, and staff on all campuses, including the main campus, regional campuses, and extension campuses, as well as study away programs provided by Ohio university.

  3. Definitions

    1. "Controversial belief or policy” means any belief or policy that is the subject of political controversy, including issues such as climate policies, electoral politics, foreign policy, diversity, equity, and inclusion programs, immigration policy, marriage, or abortion.
    2. "Intellectual diversity” means multiple, divergent, and varied perspectives on an extensive range of public policy issues.
    3. "Position, policy, program, and activity” include all of the following:
      1. All forms of employment, including staff positions, internships, and work studies;
      2. All policies, including mission statements, hiring policies, promotion policies, and tenure policies;
      3. All programs and positions, including deanships, provostships, offices, programs, programs presented by residence halls, and committees;
      4. All activities, including those conducted by the administrative units of orientation, first-year experience, student life, and residential life.
  4. Prohibitions, affirmations, and requirements

    As required by section 3345.0217 of the Revised Code, Ohio university shall do all of the following:

    1. Prohibit all of the following:
      1. Any orientation or training course regarding diversity, equity, and inclusion, unless Ohio university submits a written request for an exception to the chancellor of higher education because the university determines the orientation or training course is exempt from this prohibition because all aspects of the orientation or course are required to do any of the following:
        1. Comply with state and federal laws or regulations;
        2. Comply with state or federal professional licensure requirements;
        3. Obtain or retain accreditation.

          This exception request shall include an explanation of the circumstances, and the effort made by Ohio university to comply with section D(1)(a) of this policy. 

        4. The continuation of existing diversity, equity, and inclusion offices or departments;
        5. Establishing new diversity, equity, and inclusion offices or departments;
        6. Using diversity, equity, and inclusion in job descriptions;
        7. Contracting with consultants or third parties whose role is or would be to promote admissions, hiring, or promotion on the basis of race, ethnicity, religion, sex, sexual orientation, gender identity, or gender expression;
        8. The establishment of any new institutional scholarships that use diversity, equity, and inclusion in any manner. For any institutional scholarships existing on the effective date of this policy, Ohio university shall, to the extent possible, eliminate diversity, equity, and inclusion requirements. If Ohio university is unable to do so because of donor requirements, OHIO may continue to offer those institutional scholarships so long as doing so does not violate any applicable law or policy. Further, Ohio university shall not accept any additional funds for the operation of institutional scholarships that have diversity, equity, and inclusion requirements.
    2. Ohio university shall not replace any orientation, training, office, or position designated for the purpose of diversity, equity, and inclusion that is prohibited under this policy with an orientation, training, office, or position under a different designation that serves the same or similar purposes, or that uses the same or similar means.
    3. In the event that the requirements to obtain a research grant conflict with the prohibitions listed under section D(1) of this policy, Ohio university shall endeavor, to the extent possible, to comply with section D(1 ) while retaining eligibility for the research grant, including by consulting with legal counsel. If Ohio university is unable to comply with section D(1) with respect to a research grant, the university shall submit a written request for an exception to the chancellor. The exception request shall include an explanation of the circumstances and the effort the university made to comply with section D(1) while retaining eligibility for the research grant.
    4. Sections D(1)(a) and D(1)(c) of this policy do not apply to agreements or contracts regarding any research grants entered into prior to the effective date of this policy. Sections D(1) and D(1)(c) apply to any renewal of such agreements or contracts occurring on or after the effective date of this policy.
    5. Ohio university affirms and declares that its primary function is to practice, or support the practice, discovery, improvement, transmission, and dissemination of knowledge and citizenship education by means of research, teaching, discussions, and debate;
    6. Ohio university affirms and declares that, to fulfill the function described in section D(5) of this policy, Ohio university shall ensure the fullest degree of intellectual diversity;
    7. Ohio university affirms and declares that faculty and staff shall allow and encourage students to reach their own conclusions about all controversial beliefs or policies and shall not seek to indoctrinate any social, political, or religious point of view;
    8. Ohio university will demonstrate intellectual diversity for course approval, approval of courses to satisfy general education requirements, student course evaluations, common reading programs, annual reviews, strategic goals for each department, and student learning outcomes.

      Sections D(5) to D(8) of this policy do not apply to the exercise of professional judgment about how to accomplish intellectual diversity within an academic discipline, unless that exercise is misused to constrict intellectual diversity.

    9. Ohio university declares that it will not endorse or oppose, as an institution, any controversial belief or policy, except on matters that directly impact Ohio university’s funding or mission of discovery, improvement, and dissemination of knowledge. Ohio university may endorse the congress of the United States when it establishes a state of armed hostility against a foreign power.
    10. This section does not include the recognition of national and state holidays, support for the Constitution and laws of the United States or the state of Ohio, or the display of the American or Ohio flag.

      Ohio university affirms and declares that it will not encourage, discourage, require, or forbid students, faculty, or administrators to endorse, assent to, or publicly express a given ideology, political stance, or view of a social policy, nor will Ohio university require students to do any of those things to obtain an undergraduate or post-graduate degree.

      Sections D(9) and D(10) of this policy do not apply to the exercise of professional judgment about whether to endorse the consensus or foundational beliefs of an academic discipline unless the exercise is misused to take an action prohibited in section D(9).

    11. Ohio university prohibits political and ideological litmus tests in all hiring, promotion, and admissions decisions, including diversity statements and any other requirement that applicants describe their commitment to any ideology, principle, concept, or formulation that requires commitment to any controversial belief or policy.
    12. Ohio university affirms and declares that no hiring, promotion, or admission process or decision shall encourage, discourage, require, or forbid students, faculty or administrators to endorse, assent to, or publicly express a given ideology or political stance.
    13. Ohio university affirms and declares that it will not use a diversity statement or any other assessment of an applicant’s political or ideological views in any hiring, promotions, or admissions process or decision.
    14. Ohio university affirms and declares that no process or decision regulating conditions of work or study, such as committee assignments, course scheduling, or workload adjustment policies, shall encourage, discourage, require, or forbid students, faculty, or administrators to endorse, assent to, or publicly express a given ideology or political stance.
    15. Ohio university affirms and declares that it will seek out invited speakers who have diverse ideological or political views.
    16. Ohio university will post prominently on our website a complete list of all speaker fees, honoraria, and other emoluments in excess of five hundred dollars for events that are sponsored by the university. That information shall be all of the following:
      1. Accessible from the main page of its website by use of not more than three links;
      2. Searchable by keywords and phrases;
      3. Accessible to the public without requiring user registration of any kind.
  5. Requirements for positions, policies, programs, and activities

    As required by section 3345.88 of the Revised Code, Ohio university shall do the following:

    1. With respect to every position, policy, program, and activity, Ohio university shall do both of the following:
      1. Treat all faculty, staff, and students as individuals, hold every individual to equal standards, and provide those individuals with equality of opportunity, with regard to those individuals’ race, ethnicity, religion, sex, sexual orientation, gender identity, or gender expression;
      2. Provide no advantage or disadvantage to faculty, staff, or students on the basis of race, ethnicity, religion, sex, sexual orientation, gender identity, or gender expression in admissions, hiring, promotion, tenuring, or workplace conditions.
    2. Ohio university shall not provide or require training for any administrator, teacher, staff member, or employee that advocates or promotes any of the following concepts:
      1. One race or sex in inherently superior to another race or sex.
      2. An individual, by virtue of her or his race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously.
      3. An individual should be discriminated against or receive adverse treatment solely or partly because of the individual’s race.
      4. Members of one race cannot nor should not attempt to treat others without respect to race.
      5. An individual's moral standing or worth is necessarily determined by the individuals’ race or sex.
      6. An individual, by virtue of the individual’s race or sex, bears responsibility for actions committed in the past by other members of the same race or sex.
      7. An individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of her or his race or sex.
      8. Meritocracy or traits such as hard work ethic are racist or sexist, or were created by members of a particular race to oppress members of another race.
      9. Fault, blame, or bias should be assigned to a race or sex, or to members of a race or sex because of their race or sex.

        This section shall not be constructed to preclude Ohio university from providing or facilitating continuing education that complies with this policy’s requirements to public safety officers.

    3. Ohio university shall prohibit all policies designed explicitly to segregate faculty, staff, or students based on those individuals’ race, ethnicity, religion, sex, sexual orientation, gender identity, or gender expression in credit-earning classroom settings, formal orientation ceremonies, and formal graduation ceremonies.
  6. Exceptions

    1. Nothing in this policy prohibits faculty or students from classroom instruction, discussion, or debate, so long as faculty members allow students to express intellectual diversity.
    2. Nothing in this policy prohibits Ohio university from complying with any state or federal law to provide disability services or to permit student organizations, including fraternities and sororities.
  7. Reporting violations 

    Faculty, students and student groups may use any of the options below to submit a complaint about an alleged violation of this policy by an Ohio university employee or student. Reports may be submitted regarding any alleged violation.

    1. Report online using the Advance Ohio Higher Education Act grievance form by clicking on submit report at https://www.ohio.edu/civil-rights. Reports submitted online are routed immediately to the director of university civil rights compliance (CRC).
    2. File a report with CRC by mail, phone, or email. A report may be submitted at any time (including during non-business hours) using the contact information below. Reports may also be made in person at the CRC office on business days when a staff member is available.

      University civil rights compliance 

      006 Lindley hall 

      Ohio university 

      Athens, OH 45701

      740.593.9140 (phone) 

      civilrights@ohio.edu

  8. Investigation and adjudication 

    Investigation and adjudication of complaints under this policy will be conducted pursuant to the Advance Ohio Higher Education Act grievance process (linked from the references part of this policy). This process shall state the range of disciplinary sanctions for a violation of this policy.

View Site in Mobile | Classic
Share by: