Implementation Guide: Diversity, Equity and Inclusion Prohibitions

The Advance Ohio Higher Education Act (SB 1) includes broad prohibitions on DEI. While SB 1 does not define the term DEI in the statute, it defines “protected class” as race, ethnicity, national origin, sex, sexual orientation, gender identity, gender expression, or religion. 

Anything that is “for” or “intended to benefit” or “especially appropriate for” one or more protected class groups is prohibited by SB 1, specifically:

• Any orientation or training course regarding diversity, equity, and inclusion.
• Diversity, equity, and inclusion offices or departments.
• Using diversity, equity, and inclusion in job descriptions.
• Titles/positions of Chief Diversity Officer or Diversity Officer.
• Contracting with anyone whose role is or would be to promote admissions, hiring, or promotion based on the specified protected classes.
• New scholarships that use diversity, equity, and inclusion in any manner. For any existing institutional scholarships, a state institution shall, to the extent possible, eliminate diversity, equity, and inclusion requirements. 
• Merely changing the name of any DEI office, department, orientation, training, or position while continuing to “serve the same or similar purposes,” or use “the same or similar means.”

As a public institution, the university must comply with all local, state and federal laws and regulations. Ohio State remains committed to maintaining an environment in which students, faculty and staff feel welcome, find a sense of community and have the opportunity to thrive by fully participating in learning, teaching, research and patient care.

SB 1 requires state institutions of higher education to:

• “[t]reat all faculty, staff, and students as individuals, to hold them to equal standards, and to provide them equality of opportunity, with regard to those individuals’ race, ethnicity, religion, sex, sexual orientation, gender identity, or gender expression.”  This obligation applies with respect to every “position, policy, program, and activity” of the institution.
• “[p]rovide 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.”

These prohibitions do not restrict the freedom of faculty to teach, conduct research and publish research findings or to discuss in classrooms, in their own manner, any material that is relevant to the subject matter within an academic discipline as defined in the course syllabus.  See Faculty Rule 3335-5-01. This exemption does not apply to administrative work of staff members who also have part-time teaching appointments, although their teaching activities would be exempted.

SB 1 also contains a number of provisions focused on the university demonstrating its commitment to intellectual diversity in various academic areas, including classroom discussions, syllabi and more. A standard syllabus statement concerning these requirements and a set of frequently asked questions and additional resources for faculty focused on these provisions will also be made available separately from this guidance, which is focused on DEI prohibitions in administrative university functions such as trainings, orientations and programming.

DEI Evaluation Guidelines and Criteria 

The university’s SB 1 implementation committee is providing the following guidelines and assessment to bring university programs and activities into compliance with Ohio law as well as with federal guidelines and executive orders. This information is for directional guidance, and there will continue to be decisions and evaluations that need to be made on a case-by-case basis. For assistance in this type of evaluation, please email compliance@osu.edu.

Definitions (as outlined in the new Ohio law)

• “Protected class” for the purpose of compliance with SB 1 means race, ethnicity, national origin, sex, sexual orientation, gender identity, gender expression, or religion. 
• A “controversial belief or policy” for the purpose of compliance with SB 1 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.
• “Intellectual diversity” for the purpose of compliance with SB 1 means multiple, divergent and varied perspectives on an extensive range of public policy issues. 
• A “training” includes any event or program intended to equip attendees with skills, other than (1) content in a course offered for credit, or (2) content of a work of academic inquiry or research, such as a paper or presentation focused on data or analysis and not on equipping readers with skills. Trainings include written and recorded content as well as live content, conferences including professional development conferences, non-credit educational offerings (including executive education and continuing education), peer education, and both voluntary and mandatory programs. 

Criteria

The following criteria may be used to evaluate whether a program, office, training, orientation, or job description language is a prohibited DEI activity:

• A focus on the program being “for,” “primarily for” or named or described in such a way that it could give the perception or likelihood that it is focused on race or ethnicity, national origin, sex, sexual orientation, gender identity, gender expression, or religion.
• The perception or likelihood that people of a particular race or ethnicity, national origin, sex, sexual orientation, gender identity, gender expression, or religion may be more likely to participate or engage in that activity or service. 
• Messaging that participants outside the intended target group are permitted, but not encouraged, e.g., where the “primary goal” is to reach a specific identity group. Language such as “members of (a specific group) are especially encouraged to apply” may suggest that others are not as welcome to apply. Inconsistent or easily misunderstood messaging like this creates a risk of federal or state authorities determining that Ohio State programming is not truly open and welcoming to all.
• Any other factor that may suggest that a program, job, training, orientation, event, service, etc. is associated with one or more particular racial or ethnic backgrounds, national origin, sex, sexual orientation, gender identity, gender expression, or religion.

Modifications

All programs and offerings at Ohio State must be open and welcoming to all without respect to a specified protected class. If any these criteria exist, the program, job, training, orientation, event, service, etc. is likely not in compliance with the law, and must be changed and any activities that are out of compliance must cease. To address this, a change to a name, position or program description alone will not fulfill compliance with the law unless the activities, position or program have been meaningfully changed to be in compliance with the law.

Some positions, programs and activities will need to be fully discontinued, whereas others may only require a more accurate description of the work that is actually being performed. Colleges, offices, units and departments should not make changes to policies, procedures or rules without direction from Legal Affairs, Academic Affairs or their senior vice president’s direction.

Detailed guidance is below. All changes must be in place by June 27, 2025.

Trainings and Orientations

• Any orientation or training course referencing or focused on the explicit terms “diversity, equity and inclusion,” “inclusive excellence” or that are “for” or “intended to benefit” a specified “protected class” must be discontinued. If the orientation or training course only in part references these topics, those portions must be removed.
• While SB 1 prohibits orientation and training courses concerning diversity, equity and inclusion subject to certain exceptions, these limitations do not apply to courses offered by academic units toward the completion of a degree or for-credit certificate programs. Additionally, SB 1 provides exceptions to the training and orientation prohibitions for when those programs are required to (I) comply with state and federal laws or regulations; (II) comply with state or federal professional licensure requirements; or (III) obtain or retain accreditation. Exceptions may also be granted when requirements to obtain a research grant conflict with the DEI prohibitions in SB 1. The Ohio Department of Higher Education (ODHE) is managing the exception processes, and information is available on the ODHE’s Senate Bill 1 Information website. Ohio State is finalizing the internal steps required before submitting an exception request to ODHE and will share that information when available. No exception requests may be submitted to ODHE without following Ohio State’s internal process first. Until Ohio State’s internal process is in place, please review the information ODHE is sharing and begin gathering what you may need. If you have questions during this time, please send them to legislativequestions@osu.edu.

Consultants/Third Parties

• The institution, colleges or units may not contract with third parties to assist with admissions, hiring or promotion on the basis of a specified “protected class.” If current contracts are in place, they must be ended.

Offices or Units 

• Standalone work units dedicated to DEI efforts must either be sunsetted, or all DEI-related activities performed by those units must cease, and the name of the unit must be changed to reflect the ongoing work that is performed. 
• Units may house programs, resources or services that are open and welcoming to all without respect to status in a specified protected class that are otherwise compliant with the law, such as those supporting student success, community building, student or employee retention, first-generation students, and veterans or students with families. Examples include the Office of ACCESS (Fisher College of Business), Buckeyes First, Second-year Transformational Experience Program, Buckeye Commons and CARE (College of Engineering).
• All websites, program materials, job descriptions, etc. associated with these legally allowable programs and work must be updated to accurately reflect the work being done in compliance with the law. 

Program, Event and Group Names and Descriptions

• All programming, groups and events at Ohio State must be open and welcoming to all without respect to a specified protected class status and messaging must be consistent with this requirement.
• Events or programs that are described as the following are not permitted: 
  • Those that are “for” or “intended primarily to benefit” a specific group
  • Where the “primary goal” is to reach a specific group 
  • Those where members of a specific group are especially encouraged to apply
• Communications assets should be updated to clearly communicate that all programs at Ohio State are open and welcoming to all without respect to a specified protected class.
• Please see the registered student organizations section for guidance specific to registered student organizations.

DEI Committees and Awards 

• DEI committees in academic or administrative units, including committees that are run by volunteers, must be discontinued.
• DEI Awards that are conferred by the university or college/department/unit must be discontinued, including removing DEI-related criteria from any other awards.
• Faculty, staff and students may be nominated for DEI Awards coordinated by third parties, though university funds should not be used for entry fees or award sponsorships.

Employee Resource Groups (ERGs)

• ERGs are organizationally separate from the university and formed on a voluntary basis by employees.
• SB 1 permits ERGs, including identity group-based ERGs, and federal anti-discrimination law has traditionally permitted such groups as long as they are open to all.
• ERGs are permitted at the discretion of the college or unit, and any financial or administrative support provided by a college or unit must be allocated among ERGs on an equal basis.
• ERGs may not engage in DEI training.
• ERG communications assets – websites, event invitations, etc. – should state that the ERG is open to all without respect to a specified protected class. 

Registered Student Organizations 

• Registered student organizations (RSOs)are organizationally separate from the university, though the university offers financial and administrative support to RSOs.
• RSOs are permitted under SB 1’s equality of opportunity requirement, but colleges and units must ensure that funding and administrative support is provided on an equal basis that does not favor identity-based affinity groups over other groups. 
• In alignment with the non-discrimination requirements in the RSO’s constitution and the university’s requirements for receiving funding for organizational activities, RSOs are required to state on their website and other communications assets that membership and all activities of the RSO are open to all in alignment with the Registration Guidelines for Student Organizations at Ohio State.
• More details and FAQs to be added; if you have suggestions for questions that should be covered, please email ohiounion@osu.edu

Communications, Marketing and Related Materials  

• All programs, websites, social media accounts or other materials designed to meet the needs of any specific identity-based group or groups identified by a specified protected class status must be discontinued or modified such that they are no longer exclusive and are open and welcoming to all. If the program or event is being modified to be in compliance with the law, the name of the program or event must also be modified accordingly. 
• Simply changing a name or words will not fulfill compliance with the law unless the activities, position or program have been modified to be in compliance with the law. 
• View the style guide (below) for communications and marketing guidelines.