Under conservative pressure, U. Kentucky to officially adopt institutional neutrality

University of Kentucky leaders are poised to adopt an institutional neutrality policy at their upcoming Board of Trustees meeting after a conservative watchdog group called the school out for falling short of a new law cracking down on diversity, equity and inclusion.

The trustees are slated to officially approve a patchwork of institutional neutrality statements that campus President Eli Capilouto has made to comply with House Bill 4 — but at least one conservative watchdog group argues the current proposal does not go far enough. 

House Bill 4 was approved last March after a supermajority of Republican lawmakers overturned Democratic Gov. Andy Beshear’s veto. The law banned mandatory diversity statements and DEI offices and programming.

It also required that by June 30 leaders at each Kentucky public university adopt a policy on viewpoint neutrality “that prohibits discrimination on the basis of an individual’s political or social viewpoint and promotes intellectual diversity within the institution.”

The policy must be published in the institution’s student handbook, faculty handbook, and institution’s website.

Instead of crafting a compliant policy, the board delegated the task to University President Eli Capilouto, whose Institutional Neutrality Policy was recently criticized for falling short of the new law’s requirements by the Goldwater Institute, a conservative think tank.

“Not only is the president’s Institutional Neutrality Statement deficient—containing nothing about prohibiting viewpoint discrimination and promoting intellectual diversity—it was not adopted by the board as required by law,” the group stated in a news release.

The institute played a large advocacy role in HB4’s passage, and in mid-August sent a demand letter to the Attorney General of Kentucky, Russell Coleman, insisting he look into the matter.

Stacy Skankey, litigation director for the Goldwater Institute’s American Freedom Network, told The College Fix that “viewpoint neutrality and intellectual diversity aren’t optional at Kentucky schools—they’re the law, and ignoring them undermines academic integrity.”

In a phone interview, Skankey said the university’s policy focuses on avoiding official positions on current events but fails to address the prohibition of viewpoint discrimination or the promotion of intellectual diversity.

This concern may still persist even after the trustees vote on Sept. 12. The proposed statement before trustees does not explicitly discuss promoting intellectual diversity.

“We will be impartial facilitators as an institution of broad perspectives. When we take a position, as an institution, on a partisan or political issue, we threaten the ability of everyone in our community to feel a sense of belonging and an opportunity to join the debate. Institutional policies will make clear that we will be impartial on current events, reserving official statements for issues that directly and broadly impact our community,” the policy states in part. 

Jay Blanton, a University of Kentucky spokesperson, said the university is taking the matter seriously and is in compliance with the law.

“However, to ensure that there is no confusion or ongoing questions or concerns, we have been planning for some time to bring a recommendation to the Board at our September meeting for them to endorse a policy of institutional neutrality,” he told The College Fix via email.

“Reviewing our policies and practices in compliance with the law, and being responsive to any concerns, is not a one-time event — it is an ongoing responsibility we are committed to upholding.”

But Goldwater’s letter to the Kentucky AG argues “the policy provided by the University is entirely deficient,” that it “merely provides guidelines for the University’s current events and other issues.”

“It does not ‘prohibit discrimination on the basis of an individual’s political or social viewpoint and promote intellectual diversity within the institution,’ as the law requires.” 

Skankey told The Fix that if “the Attorney General steps in, we want the university to adopt a policy that complies with HB4’s explicit requirements.”

“We’re not looking for a fight—we just want the law followed, and we’ll keep applying pressure until that happens.” 

In August 2024, President Capilouto announced the disbandment of the Office for Institutional Diversity, reassigning its units to offices like the Office for Student Success and the new Office for Community Relations. 

While Capilouto emphasized fostering a “community of belonging,” critics argued the changes do not align with HB4’s mandates, but instead give a half-measure that avoids the core issue of ensuring viewpoint neutrality as required by law.

While the institute is currently focused on the University of Kentucky, Skankey said they are investigating tips about other state colleges potentially violating HB4.