An Open Letter to Elizabeth Davis

It is time for Furman to cut its DEI hiring practices.

Dear President Davis,

Furman has no better friends than those found among the membership of the Furman Free Speech Alliance. Nevertheless, we are compelled to again write urging Furman to abandon its discriminatory and anti-free speech hiring policy that require faculty job applicants to submit statements on how diversity, equity, and inclusion figures into their teaching and shapes their academic work. At the 2024 Homecoming we were told directly by Dean of the Faculty, Jeremy Cass, that the school had no plans to end this requirement.

As we have argued in considerable detail on our website, mandatory diversity statements are a political litmus test that amount to compelled speech, which violates fundamental free speech rights. These statements also negatively impact Furman’s ability to attract high-caliber candidates by placing adherence to DEI ideology ahead of academic excellence – which may also be contributing to the downward trend in acceptance yield that Furman is exhibiting.

Harvard, MIT, and a host of other colleges and universities, have abandoned similar pledges. It is past time Furman did the same.

These reasons alone should be enough for Furman to drop this DEI requirement. However, recent Federal actions add urgency to doing so to avoid the potential consequences of non-compliance.

Last September, the U.S. House of Representatives passed H.R. 3724, the “End Woke Higher Education Act.” It did not pass the Senate, but Congress is likely to consider the bill again this year. Among other actions, H.R 3724 ties accreditation – which is essential for Furman to receive Federal dollars – to ensuring that Institutions of Higher Learning (IHLs) are not forced to adhere to DEI principles, or to support or oppose political beliefs. H.R. 3724 also makes free speech a condition of receiving federal funds under Title IV of the Higher Education Act. Furman’s required DEI statement for faculty hiring makes the University vulnerable on both counts.

On the regulatory front, one of President Trump’s January Executive Orders, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” suggests the current administration is moving aggressively to eliminate DEI requirements in IHLs. According to the Order, the Attorney General will provide “recommendations for enforcing Federal civil-rights laws and taking other appropriate measures to encourage the private sector to end illegal discrimination and preferences, including DEI.”

It would be prudent for Furman to assume that the administration will tie DEI compliance to research grants and Title IV of the Higher Education Act of 1965, as the current presidential administration considers DEI to be discriminatory. Furman’s DEI pledge requirement discriminates based on political views and is compelled speech that has no place in an academic community. We want Furman to thrive as a liberal arts college, and for Furman to be an exemplar of the very best liberal education on offer. We want Furman students to be the most qualified and enthusiastic individuals among those seeking a liberal education. And we believe that the best way to attract, enroll, and retain such students is to hire and retain the most accomplished and dedicated professoriate possible. That means professors who are supremely qualified in their respective fields and who share the “teaching gift.” Recruiting and retaining faculty of that quality is challenging enough without adding a mandatory DEI statement. These requirements add no value to the faculty recruiting process, and requiring such statements will likely result in federal litigation over free and forced speech issues.

What the Furman Free Speech Alliance members want to hear and read is news about Furman moving from strength to strength as an elite liberal arts college, politically neutral, objective, and focused on education. What our members do not want to hear or read about is Furman involved in litigation arising from discriminatory policies tied to DEI.

We strongly urge Furman to abandon this vexatious and futile mandatory DEI statement. Help our university keep step with our peer institutions, avoid federal funding crises, and attract first-rate faculty and students.

Sincerely,

Furman Free Speech Alliance

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