The University of Nebraska Board of Regents on Friday rejected a resolution calling on NU to oppose "any imposition" of critical race theory in curriculum.
Introduced by Regent Jim Pillen of Columbus, the resolution was voted down 5-3 after some three hours of public comment on the proposal from students, faculty and others.
Pillen, a Republican candidate for governor, introduced the resolution in July after another candidate for governor — Charles Herbster of Falls City — criticized him for not taking action on the issue.
Critical race theory, a framework for examining the effects race and racism have on institutions, both historically and today, has become a flashpoint in the culture wars. Several state legislatures have enacted bills preventing the theory from being taught.
Pillen's resolution, which was supported by Gov. Pete Ricketts and three other statewide officeholders, as well as 22 members of the Legislature, would have been the first in the U.S. from a sitting university leader opposing the theory, his campaign said.
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But the proposal ran into a buzz saw of opposition from students, faculty, administrators and others, who said it abridged academic freedom and would hurt recruiting and retention, particularly of students and faculty of color.
That opposition started before Friday's meeting began, with Omaha Regents Elizabeth O’Connor and Barbara Weitz, as well as all four student regents, gathering on the front steps of Varner Hall in solidarity with opponents.
The ACLU of Nebraska, Anti-Defamation League and the National Association for the Advancement of Colored People bused students from Omaha to Lincoln, and handed out bright-red T-shirts emblazoned with “Protect Academic Freedom.â€
As the 9 a.m. meeting approached, the basement board room reached its 142-person capacity, leading the university to open an overflow room where the meeting was projected onto a screen for a couple dozen more people.
Then, the debate began.
Several students said they worried what message the resolution would send to current and future students — including athletes — who may already be unsure of Nebraska as a place that is welcoming to them.
One student said she spent the summer in Washington, D.C., where she encouraged others to consider coming to Nebraska for college, but said they were concerned it would not be safe for them.
Other students directly criticized Pillen for using his position as a university regent to run for another office.
At one point, Lauryl Hebenstreit, a senior at UNL, flashed her tuition statement to regents.
"Nowhere on my tuition did I see a charge for Regent Jim Pillen," she said, adding she was not paying tuition so he could "perform political theater."
Several faculty members explained how they used critical race theory in their research, or to spark discussions about issues in class, but explained that the framework was not thrust upon anyone.
William Aviles, the chair of the political science department at the University of Nebraska at Kearney, said critical race theory has been a framework used in legal studies for more than four decades, but was only pointed to as a problem recently by conservative politicians.
Aviles also asked if regents would create an infrastructure to enforce Pillen’s resolution, and how that would work.
Marc Button, dean of UNL’s largest academic unit, the College of Arts and Sciences, told regents several faculty and staff have signaled the resolution led them to start looking for jobs elsewhere.
At the UNL College of Law, Dean Richard Moberly said limiting students from being exposed to critical race theory would be akin to limiting them to constitutional originalism — both of which are discussed in law school classes.
Moberly said Pillen’s resolution also chilled academic freedom, even if it didn’t outright ban discussion of critical race theory, and insulted students’ intelligence.
Some of those in attendance said they were supportive of the Columbus regent, however, and backed his efforts to stop what they saw as a divisive, even racist issue on college campuses.
One speaker said critical race theory “teaches us to categorize each other by the color of our skin†and placed blame for dark periods of history at the feet of those living today.
Chris Hassebrook of Wahoo said anyone who practices critical race theory is a “racist,†and told regents “to throw out this racist policy and put it on the trash heap where it belongs.â€
Following public comment, Pillen said his resolution had been mischaracterized by opponents, adding he introduced it to prevent critical race theory from being forced on students and staff, while maintaining “balance in the classrooms†and trust with parents and taxpayers.
Rather than limiting academic freedom, as a wide majority of those who spoke on the issue during public comment charged, Pillen said the resolution protected students’ academic freedom and freedom of speech by preventing NU from “imposing this extreme ideology†upon them.
The gubernatorial candidate said most Nebraskans believe critical race theory to be “discriminatory, divisive†and antithetical to the values held by many in the state.
“It does not violate academic freedom and it does not ban the dialogue of CRT for students that seek it out on an elective basis,†he said. “It’s about the safety of our students and faculty without having to worry about something being imposed on them.â€
But a majority of the board, as well as all four student regents, disagreed.
O’Connor criticized Pillen for bringing forward a resolution that was “too vague to make sense,†and saying he was unable to clarify what the language in the measure meant when she questioned him about it during committee meetings.
“At the end of the day, it’s not the job of the university to teach that the world is fair and that race doesn’t matter, it’s up to the university to teach how the world actually is and how race has shaped our history as a nation,†O’Connor said.
Lincoln Regent Tim Clare, who is close personal friends with Pillen, also opposed the resolution, saying it did not align with regents’ bylaws regarding academic freedom, did not reflect the values of an institution of higher education, and would close down debate.
He said it also discounted NU's president and campus chancellors, who are tasked with running the day-to-day operations of each campus, as well as the expertise of the deans and faculty.
“This proposal casts doubt on those leaders and their abilities,†Clare said. “It will tarnish the national reputation of the University of Nebraska. Simply put, this proposal will create more problems than it solves.â€
Clare also added he believes the university can become stronger when it fosters challenging discussions without villainizing someone who may have an opposing view.
Regent Bob Phares of North Platte, who announced earlier this summer he won’t seek another term on the board, said he believes NU is a place for free and open exchange of ideas.
“The factor that has been weighing on me from the beginning is if this is not a requirement now — which it isn’t if I understand it — then why do we need the resolution in the first place?†Phares said.
NU President Ted Carter, just before regents cast their votes, also reiterated that point: "Critical race theory is not a requirement to graduate from the University of Nebraska.
"I hope everybody heard that," Carter added. "Critical race theory is not being imposed at the undergraduate, graduate or Ph.D. level."
A majority of the board ultimately voted no: Omaha Regent Jack Stark joined Clare, Phares, O'Connor and Weitz.
Voting in support of Pillen's resolution were Regents Paul Kenney of Amherst and Rob Schafer of Beatrice.
Following the vote, Pillen’s campaign released a statement saying he was disappointed in the outcome, but pledged to continue fighting.
“The issue isn’t going away,†he said. “I will continue to oppose critical race theory being imposed on students in higher education, and it will be a priority to ban it from Nebraska’s K-12 schools as governor.â€
Ricketts called Friday’s vote “an important step in the journey towards ensuring Nebraska taxpayer dollars aren’t funding ideologies that divide people along racial lines and silence people’s voices.â€
UNL Student Regent Batool Ibrahim, who gave passionate testimony opposing the resolution prior to the vote, said after the meeting she was relieved it was over.
“I’m looking forward to working on other things,†she said.