Resources and Recommendations for Handling Difficult Topics in an Academic Setting

According to the law, the following concepts are considered “divisive”:

1. That any race, color, religion, sex, ethnicity, or national origin is inherently superior or inferior.
2. That individuals should be discriminated against or adversely treated because of their race, color, religion, sex, ethnicity, or national origin.
3. That the moral character of an individual is determined by his or her race, color, religion, sex, ethnicity, or national origin.
4. That, by virtue of an individual's race, color, religion, sex, ethnicity, or national origin, the individual is inherently racist, sexist, or oppressive, whether consciously or subconsciously.
5. That individuals, by virtue of race, color, religion, sex, ethnicity, or national origin, are inherently responsible for actions committed in the past by other members of the same race, color, religion, sex, ethnicity, or national origin.
6. That fault, blame, or bias should be assigned to members of a race, color, religion, sex, ethnicity, or national origin, on the basis of race, color, religion, sex, ethnicity, or national origin.
7. That any individual should accept, acknowledge, affirm, or assent to a sense of guilt, complicity, or a need to apologize on the basis of his or her race, color, religion, sex, ethnicity, or national origin.
8. That meritocracy or traits such as a hard work ethic are racist or sexist.

SB129 explicitly states that the University may NOT do any of the following:   

1. Sponsor a DEI program.
2. Maintain any office, physical location, or department that promotes DEI programs.
3. Direct or compel a student, employee, or contractor to personally affirm, adopt or adhere to a “divisive concept.”
4. Require students, employees, or contractors to attend or participate in any training, orientation, or coursework that advocates for or requires an individual to agree with a “divisive concept.”
5. Require students, employees, or contractors to share their personal view on a “divisive concept” outside of an academic setting where the teaching or discussion of the “divisive concept” is done in an objective manner, without endorsement, and in a way that does not compel assent to the concept.
6. Require students, employees, or contractors to participate in any activity, which is part of required curriculum or mandatory professional training, that involves lobbying at the state/local level for legislation related to a “divisive concept.”
7. Penalize or discriminate against students, employees, or contractors based on their refusal to support or otherwise assent to a “divisive concept” or a diversity statement.
8. Condition enrollment or attendance in a class, training, or orientation on the basis of race or color.
9. Apply for or use funding—including grants, federal funding, and private funding—for the purpose of compelling assent to a “divisive concept” or any other purpose prohibited in the law.
10. Limit participation in any UA-sponsored event or class based on an individual’s race, color, sex, gender identity, ethnicity, national origin, or sexual orientation.

No. The law specifically protects each faculty member’s academic freedom to provide instruction in all academic settings. 

Yes.  Faculty can discuss “divisive concepts” in class, but a faculty member cannot require a student to agree with a “divisive concept” or penalize a student for refusing to support or endorse a “divisive concept.”  The teaching or discussion of any “divisive concept” must be done in an objective manner, without endorsement.  This is consistent with the University’s longstanding efforts to promote an environment where the campus community can engage in free and open thought, inquiry, and expression. 

Yes.  Federal and state law protect the academic freedom to decide what and how to teach.  Under SB129, however, faculty must not require students to agree — through direct engagement or through academic penalties — with any “divisive concept.” The teaching or discussion of any “divisive concept” must be done in an objective manner, without endorsement.

Yes.

1. Be familiar with the restrictions in the law, which are set out herein.
2. If discussing “divisive concepts,” avoid any statements that can be construed as an effort to require anyone to assent or agree to any of the “divisive concepts.”
3. If teaching or discussing “divisive concepts,” it must be done in an objective manner, without endorsement. 
4. Consider including language in the syllabus explaining students may be introduced to or intellectually challenged with “divisive concepts” and other topics that could be difficult, but they do not have to assent to any position and are strongly encouraged to think independently and analytically about all of the material presented in the class.
   • Preferred Syllabus Language
     • All University faculty, instructors and teaching staff have the academic freedom to explore, discuss, and provide instruction on a wide range of topics in an academic setting. This class may present difficult, objectionable, or controversial topics for consideration, but will do so through an objective, scholarly lens designed to encourage critical thinking. Though students may be asked to share their personal views in the academic setting, no student will ever be required to assent or agree with any concept considered “divisive” under Alabama law, nor penalized for refusing to support or endorse such a concept. All students are strongly encouraged to think independently and analytically about all material presented in class and may express their views in a time, place, and manner, consistent with class organization and structure, and in accordance with the University’s commitment to free and open thought, inquiry, and expressions.
5. Faculty should not include a personal diversity statement in their syllabus.
   • If a department or college requires the use of a statement to satisfy accreditation requirements, the following template should be used.  If specific language is required for accreditation, please work with the Office of Counsel to incorporate that into this template.
     • The University of Alabama welcomes students, faculty and staff regardless of their cultural differences, beliefs, values, ethnicity, race, age, gender, gender identity, sexual orientation, disabilities, or religion.  I/we/department are committed to providing opportunities for all qualified individuals, regardless of background, to access this institution, connect with others, and take advantage of the opportunities to achieve personal and professional success afforded by UA’s mission of teaching, research and service.  I/we/department will act to support equal opportunity, foster collaboration, and assist all students who may face challenges in accessing education and educational achievement.
6. Do not require a diversity statement for course credit.

• Do NOT discriminate against anyone based on race, color, religion, national origin, sex, sexual orientation, gender identity, gender expression, pregnancy, age, disability, protected veteran status, or any other legally protected class. 
• Do NOT inject your personal political beliefs into any academic discussion.
• Do NOT attempt to force or compel students to personally agree to, affirm, assent to, adopt or adhere to any of the “divisive concepts” defined under Alabama law. 
• Do NOT penalize a student for refusing to support or endorse a “divisive concept.”   

• DO teach or discuss any “divisive concept” in an objective manner and without endorsement.  
• DO teach topics and historical events in a historically accurate context.  
• DO create an academic environment that encourages respectful and open dialogue. All students should feel free to express their views without fear of discrimination, retaliation, or negative impacts on their grades.  
• DO establish ground rules for discussion at the beginning of the semester to foster a respectful learning environment.  
• DO moderate classroom discussions to ensure that all voices are heard and that the discourse remains respectful and productive.  

If possible, use verbiage that aligns with the University’s mission of promoting free thinking and intellectual diversity.

• Ensure learning goals are clear, measurable, linked to disciplinary knowledge and skills, and focused on student learning objectives.
• Ensure goals are aligned with academic and professional standards helps to maintain objectivity while addressing relevant social, ethical or political issues, or discussing “divisive concepts".

• Using balanced, well-documented content and resources — and presenting appropriate counterarguments — projects objectivity and avoids promoting one-sided perspectives.
• Choose important content that aligns with accepted disciplinary practices.
• Incorporate materials from multiple sources that represent different perspectives.
• Use well-established and well-researched source material, particularly when sharing potentially ideologically challenging concepts.
• If you are using standardized tests that are provided by a third-party, closely review the questions that are asked to determine if they need to be removed or reworded to avoid issues under the law. 

• All University faculty, instructors and teaching staff have the academic freedom to explore, discuss, and provide instruction on a wide range of topics in an academic setting. This class may present difficult, objectionable, or controversial topics for consideration, but will do so through an objective, scholarly lens designed to encourage critical thinking. Though students may be asked to share their personal views in the academic setting, no student will ever be required to assent or agree with any concept considered “divisive” under Alabama law, nor penalized for refusing to support or endorse such a concept. All students are strongly encouraged to think independently and analytically about all material presented in class and may express their views in a time, place, and manner, consistent with class organization and structure, and in accordance with the University’s commitment to free and open thought, inquiry, and expressions. 
• For the sake of clarity, if the course involves materials that address “divisive concepts” or politically divisive issues, which is legal, the syllabus should contain the foregoing statement. 

• Ensuring students fully understand expectations and guidelines fosters a fair and transparent learning environment. It also helps to prevent misunderstandings.
• Assure students that they are encouraged to think critically about the course material and any accompanying discussion. Emphasis should be placed on the fact that students will not be required to assent to a “divisive concept” as part of the class. 

• Create rules for in-class discussions and share netiquette guidance for online interactions.
• Use structured debates to help students learn to evaluate different perspectives on an issue.
• Use role-plays or case studies that give students practice expressing their views respectfully.

• When presenting “divisive concepts” or politically divisive issues to students, rely on evidence-based teaching practices to do so in an objective manner and without personal endorsement. Further, present all historical events in a historically accurate context.
  • For example, a “divisive concept” may be presented as “Proponents of the XYZ theory believe ABC;” “The XYZ theory is supported by research indicating ABC;” etc. 
  • In contrast, a “divisive concept” should be not presented, for instance, as “I personally believe that the moral character of an individual is determined by their race,” or “Students should disregard the XYZ theory because I don’t believe in it.” 
• Use a variety of pedagogical methods, such as debates, case studies, and reflective writing, to engage students on “divisive concepts” or political issues in a constructive manner.  
• Use strategies such as chunking, spaced repetition, interleaving, retrieval practice and direct instruction to improve understanding as well as retention of complex material.[1]
• Gather feedback from students through formative assessment to gauge understanding; adapt your teaching methods accordingly.

1

• Chunking: Breaking a large amount of content into smaller, more manageable units (“chunks”)
• Spaced Repetition: Reviewing material at increasing intervals over time.
• Interleaving: Teaching several concepts together instead of one at a time.
• Retrieval Practice: recalling information from memory.
• Direct Instruction: Teacher-let instruction involving carefully planned and structured lessons.

• Allow students to choose ways of knowing and representing their learning to foster an environment in which independent thought and critical analysis are prioritized.
• Offer students opportunities to choose reading materials or resources from a list of diverse sources.
• Ensure that students are not required to agree to a specific perspective when they respond to assignments. Assessment related to “divisive concepts” or politically divisive issues should measure a student’s understanding and/or critical analysis rather than their agreement with a particular viewpoint. 

• Developing critical thinking skills will help students evaluate arguments and sources, which will make them less likely to be influenced by any one viewpoint.
• Pose challenging, real-world situations that ask students to apply the class material to new situations and move beyond superficial thinking and surface-level responses.
• Provide students with structured activities in which they think critically about their thought processes and assumptions, promoting self-awareness and analytical skills.
• Help students learn how to critically evaluate source credibility.
• Create assignments in which students analyze different perspectives on controversial topics.

• Explain expectations for success as well as for how grades are calculated.
• When assessing complex or potentially divisive topics, cite the source of the perspective.
• Create transparent rubrics that are aligned with specific learning outcomes and provide constructive feedback that focuses on improvement and mastery of content.
• Consider including students in creating grading criteria (e.g., have them help develop a rubric), offering them ownership in the process.

• If a student introduces a “divisive concept” into the academic discussion (either in class or in online discussion):
  • The law allows faculty to respond to questions or comments raised by students in an academic setting related to “divisive concepts.”   
  • Any such response should be objective and without personal endorsement of any “divisive concept” that is raised.  
  • Efforts should be made to ensure that such statements do not stifle discussion from other students or prevent them from offering an opposing viewpoint.  
  • If the student raises a point that is contradicted by evidence in the discipline, faculty can reference said evidence in a way that is objective and without personal endorsement (see above).  
• If a guest speaker introduces a “divisive concept” into the academic discussion in a way that compels students to personally agree to, affirm, assent to, adopt or adhere to the concept, the faculty member should remind the students before that class session concludes the class policy (as noted in the syllabus) that does not require any student to assent or agree with any concept considered “divisive” under Alabama law or allow a student to be penalized for refusing to support or endorse such a concept.

This rule and any guidelines which may be promulgated hereunder apply to all administrative officers, faculty, staff or other employees of The University of Alabama, The University of Alabama at Birmingham (“UAB”), The University of Alabama in Huntsville, or the UAB Health System (collectively, The University of Alabama System (“System”)). 

The Board of Trustees (“Board”) is committed to the First Amendment rights of free speech and free expression for all members of the System community. The Board may reasonably regulate the time, place, and manner of expression in a viewpoint-neutral manner to ensure those rights are protected and that expression does not disrupt the ordinary activities of the System.  

To further safeguard those rights, the System itself must remain neutral on political and social issues unless the issue directly affects any aspects of the System’s core operations. Taking institutional positions on an issue or making statements about it risks alienating members of the System community and destroying the intellectually independent environment upon which the System thrives. It is for the Board to decide what issues directly affect aspects of the System’s core operations, so members of the System community exercising their First Amendment rights should make clear they do not speak on behalf of the System, its universities, hospitals, or any administrative unit within the System.  

Consistent with its commitment to institutional neutrality, the Board hereby reaffirms its historic position that the System shall neither endorse nor support any candidate for nomination or election to any public office of the State of Alabama or any other political entity.

System employees do not surrender their civil and political rights and responsibilities by virtue of their employment. Indeed, the Board encourages System employees to fulfill their civic responsibilities as private citizens. The Board recognizes, however, that it is often difficult for the public to distinguish between the public and private activities of System employees, particularly when those employees occupy senior administrative positions within the institution. For that reason and because the System is a public institution, the Board wishes to guard against those actions that are illegal and improper as well as those that may create the appearance of impropriety. 

It is incumbent upon System employees to make clear in any political activity whatsoever that they are acting in a private and individual capacity and that their activities have neither System sponsorship nor support. It is also incumbent upon System employees to avoid any private actions of a collective nature that may lend or appear to lend the support of the System to political activity. Because of their prominent identification with the institution, the major administrative officers of the System have a particularly heavy obligation to ensure that their activities are not misinterpreted or misunderstood. 

The University of Alabama expects high ethical standards of all personnel. In particular, the University endorses the principles set forth in the  Statement on Professional Ethics by the American Association of University Professors (2009). All faculty are required to review and adhere to these principles.

As noted in the section above on Academic Freedom, the University attaches great value to freedom of speech and open debate, but it also attaches great importance to the principles of civility and respect that govern an academic community. Indeed, the Statement on Professional Ethics requires that faculty members show due respect for the opinions of others in the exchange of criticism and ideas, strive to be objective in their professional judgment of colleagues, and not discriminate against or harass colleagues. Consequently, faculty are required to act collegially, with civility and respect toward one another and toward all members of the University community.

Faculty are also required by the Statement of Professional Ethics to demonstrate respect for students as individuals and adhere to their proper roles as intellectual guides and counselors. They should avoid any exploitation, harassment, or discriminatory treatment of students, and should acknowledge significant academic or scholarly assistance from them.

All faculty members of The University of Alabama are expected to comply with applicable federal, state, and local laws as well as the policies of The University of Alabama. 

The University is committed to providing outstanding, high-quality services to our students, faculty, staff, families, visitors, patients, business partners, colleagues, affiliates, and the community, whether those services are provided through teaching, research, business interactions, or other services. In performing duties, UA community members are expected to:

• Act with high ethical and professional standards of conduct;
• Be honest in performing one’s duties, with no exceptions;
• Ask questions and request assistance when information is needed to properly perform one’s duties; • Be personally accountable for one’s actions and admit mistakes when they occur;
• Be aware of the University’s obligations towards all stakeholders;
• Conscientiously fulfill obligations towards all stakeholders; and
• Communicate to others ethical standards of conduct and responsibilities under this Code of Ethical Conduct through instruction and example.

UA community members are not to:

• Fabricate information;
• Change or knowingly omit information to misrepresent events, circumstances, results, or outcomes in relevant records; or
• Take credit for another’s work or work product as one’s own without permission.

With respect to teaching and research, UA community members are expected to:

• Promote academic freedom, including the freedom to discuss all relevant matters in the classroom and to explore all avenues of scholarship, research, and creative expression;
• Propose, conduct, and report research with integrity and honesty;
• Protect people and humanely treat animals involved in teaching or research;
• Undertake human subjects research only in accordance with approved protocols;
• Learn, follow, and demonstrate accountability for meeting requirements of regulatory bodies, sponsors, and partners;
• Faithfully transmit research findings;
• Protect rights to individual, UA, and third-party intellectual property;
• Ensure originality of one’s work and provide credit for the ideas of others upon which work is built;
• Be responsible for the accuracy and fairness of information reported and/or published; and
• Fairly assign authorship credit on the basis of significant contributions.

UA is an institution dedicated to tolerance, diversity, and respect for differences. Central to that commitment is the principle of treating each UA community member and those we serve with respect.

UA community members are expected to:

• Be respectful, fair, and civil;
• Value diversity of opinion and contributions of others;
• Avoid engaging in all forms of harassment, illegal discrimination, threats, or violence;
• Provide equal opportunity for access to programs, facilities, and employment; and
• Promote conflict resolution.

The University recognizes that while legal and ethical behavior overlap, they are also distinct from one another. Accordingly, UA community members are charged with following legal requirements, but always keeping sight of ethical considerations as well. UA is committed to sustaining a culture of trust, ethics, and compliance in which legal requirements are met and individuals are comfortable raising concerns to the appropriate individuals when they have a good faith belief that actions of individuals or an entity within the UA community are not consistent with laws, regulations, policies, or standards. Finally, University leadership is committed to maintaining the community trust by ensuring appropriate actions are taken to resolve non-compliance. UA community members are expected to:

• Learn and follow the rules, laws, regulations, contracts, and UA policies and procedures applicable to one’s UA work or activities;