CLARKSVILLE, TN (CLARKSVILLE NOW) – Austin Peay State University has proposed several changes to its Equal Opportunity, Harassment and Nondiscrimination Policy to remove protections based on sexual orientation and gender identity; to remove diversity, equity and inclusion (DEI) language; and to remove references to affirmative action.

While many of the changes may be a matter of word choice, some could have implications for whether LGBTQ students and employees are fully protected from employment discrimination and sexual harassment.

‘Equity’ vs. ‘access’

In the introductory statement for the policy, the wording had been: “It is the policy of Austin Peay State University to ensure compliance with federal and state civil rights laws and regulations and to affirm its commitment to promoting the goals of fairness and equity (italics added) in all aspects of the educational program or activity …” The phrase “the goals of fairness and equity” has been omitted and replaced with “and championing access.”

Universities and other institutions across the country have made similar changes in response to recent Trump administration directives. APSU interim spokeswoman Hannah Eden APSU this week told Clarksville Now, “The change was made to better reflect the intent to promote access for all to the APSU educational experience.”

On Feb. 14, the Trump administration issued a memo ordering America’s schools and universities to eliminate diversity initiatives or risk losing federal money. In the memo, the Education Department gave an ultimatum to stop using “racial preferences” as a factor in admissions, financial aid, hiring or other areas. Educators at colleges nationwide have been rushing to evaluate their risk and decide whether to stand up for practices they believe are legal.

Nondiscrimination policy

The APSU Policy on Nondiscrimination states, “Austin Peay State University does not discriminate against any employee, applicant for employment, student or applicant for admission on the basis of …” and it previously listed 15 protected classes, such as age, race, ethnicity and veteran status. While sex is still listed, three classes were removed from the list: gender expression, gender identity and sexual orientation.

In another section, the definition of sexual harassment had stated: “Acts of sexual harassment may be committed by any person upon any other person, regardless of the sex, sexual orientation, and/or gender identity of those involved.” (Italics added.) The words “sexual orientation, and/or gender identity” have been removed from the definition.

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In a “President’s Corner” letter to the APSU community sent on Friday, March 14, President Michael Licari said the discrimination policy changes were mandated from above.

“Based upon guidance received from the U.S. Department of Education’s Office for Civil Rights and the Tennessee General Assembly, we are not allowed to explicitly list anything other than ‘sex’ in our nondiscrimination statements. However, this does not mean that individuals who experience harassment based on their LGBTQ+ status are left without recourse,” Licari said. “If an individual believes they have been subjected to harassment based on their LGBTQ+ identity, APSU will evaluate the complaint to determine whether it falls under Title IX protections or our broader harassment policies. Either way, we take all allegations seriously and will ensure that appropriate action is taken.”

He said, “Harassment of any kind is unacceptable.”

DEI and affirmative action

In 2023, APSU’s Office of Equity, Access & Inclusion was renamed the Office of Institutional Culture. This week, APSU told Clarksville Now that the 2023 change was made “to better reflect the mission of the office and to reflect the welcoming culture of our institution.” The policy document includes changes to reflect that new name.

The document also includes the removal of several references to affirmative action. APSU said those changes were to reflect the 2023 change to a job title. That position had been Director of Equal Opportunity & Affirmative Action/Deputy Title IX Coordinator (italics added). It was changed to Director of Equal Opportunity & Investigator/Deputy Title IX Coordinator.

That change came in response to the Supreme Court’s June 2023 ruling striking down affirmative action in college admissions.

Stop order for CDC/NIH grant

In addition to these policy changes in response to Trump administration directives, several universities are also receiving stop-work orders directed at federal grant recipients. UT-Knoxville in particular received five such orders and has been working to resolve them.

APSU has received one stop order on one grant, Eden said in response to an inquiry from Clarksville Now. “This grant, funded by the CDC, supported 20% of the salary for one of our science faculty members who was mentoring new scientists from diverse backgrounds working at the CDC/NIH. The loss of this grant did not impact the employment status of anyone,” Eden said.

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Feedback from community

In his email on Friday, Licari addressed concerns from the university community about the policy changes.

“I understand that this is a sensitive issue, and I appreciate the concerns raised by members of our community. Please know that APSU remains dedicated to ensuring a respectful and supportive environment for all. Our mission, vision, and values remain intact,” Licari said. “Thank you for your commitment to making APSU a place where everyone is valued and respected.”

Anyone wishing to comment on the proposed policy changes can do so at the APSU policy feedback website. The comment deadline for the policy changes is March 28.

The Associated Press contributed to this report. 

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