Watchdog group exposes red state college administrator explaining 'loophole' around anti-DEI law
FIRST ON FOX: Newly released video appears to show an administrator in the Florida university system bragging about the ways her school is skirting a state law prohibiting the practice of DEI.
The video, obtained by conservative watchdog Accuracy in Media (AIM) and posted online, shows University of South Florida St. Petersburg administrator Heather Klišanin explaining to an undercover investigator how the school had attempted to skirt Florida law banning public funds from promoting DEI by using a "loophole."
"It is a student-funded area, so it changes some things in regards to what we are able to do because student-funded things are not affected by the changes in regulation and law," Klišanin, director of student conduct and ethical development and dean of student ambassadors at USF St. Petersburg, can be seen saying on video, suggesting that the school is using student fees to fund DEI programs.
"I was hoping it would be similar here that they weren’t totally getting rid of DEI," the unidentified woman says to Klišanin at another point in the video.
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Klišanin responds, "Yeah, and even our students, we just have to make sure, like any of our programming and things like that, is mostly done through student government because if it's student-funded, they can’t stop it. But like, our departments can’t spend any money on that."
Klišanin went on to explain that she has students who do "outreach and education" on DEI issues, but the department can no longer directly fund those efforts, "but if they partnered with student government and student government paid for it, then we can."
Klišanin described the loophole as "red tape" but said "Yeah" when asked whether the school administrators could still have a "supportive role" in the DEI efforts.
"Loopholes?" the undercover individual asked.
"Yeah," Klišanin responded.
In a statement to Fox News Digital, a university spokesperson said they are complying with the law.
"The University of South Florida follows all state and federal guidance, policies, and laws related to DEI. USF does not operate a DEI office," the spokesperson said.
"As soon as USF was provided the hidden camera video of Heather Klišanin, we began a review of the matter, which is ongoing. Upon initial review of the edited video, it appears that she is referencing Florida law and Florida Board of Governors regulation on DEI that includes an exemption for student-led programs funded by student fees. However, after seeing the video and to ensure USF continues to comply with state and federal laws, USF will require her to complete additional training."
The Florida law does provide a carveout for student-funded activities, but in a press release, AIM suggests that the "loophole" talked about in the video might not be legal either.
"However, this ‘loophole’ employed by USF is still likely in violation of state law, because not all student fees are paid through private sources," the press release states. "As of fall 2022, over 74% of Florida residents enrolled at USF received a taxpayer-funded scholarship through the Bright Futures program."
"'Federal funds' are those funds provided to the university or direct support organization for a university directly or indirectly by an appropriation by Congress," the Florida regulation states on the university system's website.
"This includes financial aid provided to the university by or on behalf of a student attending the university if that financial aid is provided to the student via a governmental aid or grant program. State and federal funds do not include student fees to support student-led organizations notwithstanding any speech or expressive activity by such organizations which would otherwise violate this section, provided that the student fees must be allocated to student-led organizations pursuant to written policies or regulations of each state university, as applicable."
Later in the video, Klišanin says, "We're not going to stop supporting the students that we've been supporting in that space and right now it's student-funded, so even if a name changes, they won't have to take away the support."
The video also shows AIM President Adam Guillette confronting Klišanin, who denies she has been pushing to skirt the DEI laws.
"You're going to need to talk to Carrie O'Brion," Klišanin says, pointing Guillette to the school's communications director.
Later in the video, Guillette speaks to O'Brion, who seemingly acknowledges that something improper had taken place.
"That's not the policy," O'Brion said when confronted about the idea of switching DEI programs to student-funded efforts or changing the names of certain programs.
"DEI is a poisonous ideology that leads to division, hate and antisemitism," Guillette told Fox News Digital in a statement. "It has no place in our education system, and both Gov. DeSantis and the Trump administration must ensure these programs are rooted out of public universities and K-12 schools."
In a statement to Fox News Digital, DeSantis communications director Bryan Griffin told Fox News Digital, "Circumventing state laws & rules prohibiting DEI in public universities is unacceptable. We are looking into the matter and, to the extent public dollars are being used toward DEI, there will be consequences. 'Additonal training' will not be a sufficient response."
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The newly uncovered video comes weeks after Fox News Digital exclusively reported on a Florida professor bragging about how he too had found ways around the state’s DEI ban. The professor, Dr. Haywood Brown, former associate vice president of academic affairs at the University of South Florida, resigned shortly after Fox News Digital’s reporting.
"With the details of Mr. Brown’s actions and public commitments to violating state law and academic standards surfacing to our attention, our office has immediately ensured his relationship with our university system has ended," Griffin told Fox News Digital at the time.
"This individual’s employment at the University of South Florida is over today, and he is no longer welcome to work in Florida education."