HB 2105 Implementation (2024)

Key Action Areas for Review and Revision

Policy Review and Update
- Existing Policies: Each unit is responsible for reviewing its policies to ensure compliance with the law. Policy owners should ensure any language that conflicts with the new state law – particularly that which relates to diversity, equity, and inclusion (DEI) for hiring, promotion, training and admissions – is revised. Units unable to make revisions by the July 1 timeframe are encouraged to work on these as expeditiously as possible during the fall 2024 semester.
- New Policies: Work closely with the Office of Policy Administration to developnew policies as needed and ensure compliance with House Bill 2105.
Content Review and Editing
- Communications: Ensure future internal and external communications do not include requests for “diversity statements” as they pertain to hiring, evaluation of work, admissions, or financial aid and scholarships. This applies to communications for committees for teaching, research, hiring and service evaluation.
- Training Materials: Review all student, faculty and staff training materials for topics on nondiscrimination, diversity, equity, inclusion, race, ethnicity, sex or bias. These materials will need to be posted online and publicly available. Only trainings expected to be used after July 1 are affected. Work with the Office of Audit, Risk and Compliance as directed. More detailed information will be shared soon.
Procedure Review
- Hiring Practices: Review unit hiring practices to ensure they comply with the new law while also adhering to federal nondiscrimination guidelines.
- Support Services: Review student, staff or faculty services procedures to ensure they reflect the new law. Modify if needed.
Structural and Organizational Revisions
- All professional schools with DEI-related accreditation and/or membership requirements are advised to consult with General Counsel to determine the feasibility of compliance moving forward.
- Pause activity in unit-level Diversity, Equity and Inclusion committees in academic, administrative and affiliate units until more comprehensive directives can be determined. Updates will be posted to this webpage.

Recommendations for Units at All Levels

Faculty and Hiring-Related

Discontinue any “diversity statement” related questions for faculty, staff and student hiring.
Work with Faculty Affairs, Human Resources and General Counsel to ensure all new searches align with the law. 
Discontinue use of the Excellence in Diversity in Faculty Hiring Handbook and remove any reference to it on websites or shared documents.
Review all faculty hiring and evaluation rubrics for DEI-related evaluation processes. Revise if needed to ensure compliance with the law.
Review all new position descriptions for references to diversity, equity and inclusion and, if needed, edit.

Student-focused (Enrollment Management, Graduate Studies, Student Affairs, Undergraduate Education, International Affairs, Academic Success and All Academic Units)

Review any employment postings, position descriptions, or interview scripts for students to ensure they do not ask “diversity statement” questions. Revise if needed. This includes undergraduate student positions, andpositions for Graduate Research Assistants, Graduate Assistants and Graduate Teaching Assistants.
Review any training programs for content related to nondiscrimination, diversity, equity, inclusion, race, ethnicity, sex or bias to ensure compliance with state and federal law. Work with the Office of Audit, Risk and Compliance office as directed in its forthcoming communications. 
Assure that student admission and scholarship applications do not request or require diversity statements or statements regarding any political ideology.

Action Completed or Underway

Policy Review and Update
Existing Policies
- Initial policy reviews have begun in the Office of Faculty Affairs regarding promotion and tenure guidelines for academic units, and Human Resources has revised language for faculty and staff searches that can support expectations for compliance with the House Bill 2105.
- The Office of Audit, Risk and Compliance is also reviewing university wide policies and will work with appropriate units should updates be needed.
- The Excellence in Diversity Faculty Hiring Handbook has been retired. New approaches to ensure equal opportunity and nondiscrimination will be provided by Human Resources.
Content Editing
Websites:
- The Office of DEIB is working with KU Information Technology to review all campus websites to ensure language represents equal opportunity for all in support of HB 2105. The Provost’s Office will contact units with websites that may benefit from revision. Website language should focus on equal access for all and cultivating a culture of belonging for all Jayhawks.
- The Provost’s Office will host an FAQ website for HB 2105 and support pathways for website content revisions.
- For Fall 2024 the Office of DEIB is revising its diversity, equity and inclusion training to focus on Campus Belonging to ensure compliance with the law.
Procedure Revision
Hiring
- Human Resources and Faculty Affairs have been actively working to make required adjustments to support compliant hiring practices, including faculty searches for the 2024-2025 academic year.
Admissions, Enrollment, Financial Aid
- Enrollment Management has ensured all student enrollment, admissions and financial services comply with HB 2105.

A Reminder About Existing Laws on Non-discrimination – Title VI, Title VII and EEO

While HB 2105 focuses on specific areas – hiring, promotion, training and admissions – other areas of higher education activities and practices are already subject to federal and state nondiscrimination laws, such as Title VI and Title VII of the Civil Rights Act and the Equal Employment Opportunity Act, as well as the Kansas Act Against Discrimination.

Accordingly, the university prohibits discrimination on the basis of race, color, ethnicity, religion, sex, national origin, age, ancestry, disability, status as a veteran, sexual orientation, marital status, parental status, gender identity, gender expression and genetic information in the University’s programs and activities. Aside from certain legal preferences related to veterans and the disabled, such factors should never be the basis of hiring or admissions decisions.

Visit theHB 2105 FAQ page to learn more.