The onslaught of executive orders from the White House, especially those that threaten research, science and universities, are leading to confusion, resistance and overreactions across the U.S. Many of these executive orders are being legally contested, and states have their own constitutions they must abide by that counter these orders.

Fortunately in Hawaiʻi, our state’s constitution is sturdy, our judges prioritize it and our civil rights.

The University of Hawaiʻi has sadly decided on capitulation. In their panic around a potential reduction of funding, our campus leaders seem willing to rewrite UH history and have removed information they preordain as illegal.

For example, the website of UH Mānoa’s LGBTQ+ Center, a voice and place that our students — all our students — need right now, recently removed the terms “women or woman” from the scholarship page. Furthermore, our Women, Gender and Sexuality Studies Program, though celebrating its 50th year, removed scholarships available to students because they refer to women.

Other reported changes include “scrubbing” content of affirmative action and removing links shared in past UH newsletters that reference programming such as women in science, technology, engineering, and mathematics.

Disappearing Websites

Much of this revising of UH history was completed surreptitiously. Just as the Trump administration is disappearing websites, data and information over weekends, it seems the UH administration applied the same tactic.

Yet other universities have responded with resolve to the same executive order and the “dear colleague” letter that went to all campuses, affirming their commitment to “the pursuit of excellence depends on continually working to remove barriers and create opportunities for access and success for all,” such as the campus email by administrators at Oregon State University.

The Massachusetts Department of Education, referring to their constitution, stated, “we remain committed to protecting students against discrimination,” and most University of California campuses have made similar assertions.

UH is also better positioned financially in relation to state support. It receives about 40% of its budget from the state, almost twice the amount received by many U.S. campuses, another incentive to abide by our constitution. In fact, our state House of Representatives in a concurrent resolution in fall 2024 “urged the University of Hawaiʻi to adopt and publicize a statewide equity statement.”

Definition Of EEO, AA And DEI

Most importantly, an executive order is not a law, and as long as UH has carried out its duties under the law, which I assume it has, it has absolutely no rationale to relent to authoritarianism. For scholars like me whose research centers on diversity and equity, having received a $1.25 million National Science Foundation ADVANCE grant to support gender equity and diversity in STEM at UH, it seems I will no longer be considered for travel funds or share this work on campuses.

There is no law requiring UH not to fund faculty scholarly pursuit, whatever its topic. Curtailing its presentation is discriminatory and a denial of academic freedom.

The real concern is our students and our untenured faculty. Year after year, UH highlights that it hosts the most ethnically and racially diverse campuses in the U.S.

How, with integrity, can our campuses remove, disappear and no longer fund and support participation in a range of events (for example, SACNAS — Society for the Advancement of Chicanos/Hispanics and Native Americans in Science — National Diversity in STEM conference which was hosted in Honolulu in 2019) that attract and advance students in STEM as well as other fields that have been dominated by one race, ethnicity, gender or another? Timidity under the threat of authoritarianism marshals it forward, leaving only those who acquiesce somewhat protected.

In the interest of encouraging a tempered and transparent approach in Hawaiʻi, offered below is a clarification of terms, laws and orders:

• Equal Employment Opportunity: This is the only application of a law, Title VII, which “prohibits employment discrimination based on race, color, religion, sex or national origin.” Therefore, the university must not systematically pay differential salaries and wages based on these identities.
• Affirmative Action: Executive Order 11246 by President Johnson prohibits employment discrimination based on race, color, religion and national origin by organizations receiving federal contracts. AA is enacted by universities and corporations by ensuring a diverse pool of applicants through advertising in multiple outlets including underrepresented groups in a particular field. For example, the lack of male teachers in K-12 might inspire an advertisement in publications men are more likely to review. Employers must always hire the best candidate for the job regardless of identities or the under- or overrepresentation of groups but document their pool of applicants. Veterans and differently abled persons continue to be protected under the current executive order even as other categories are no longer required.
• Diversity, Equity and Inclusion: It has never been required by law. About 20 years ago, corporations initiated these efforts because they found that a diverse workforce was good for business, giving them insights and access to markets. Universities caught on, science benefited, and the positive message of an inclusive campus surged, as is the expectation of a democratic society. DEI programs are not legally required, nor are they illegal.

We in Hawaiʻi must act to protect our institutions of public higher education and demand UH’s General Counsel Office and administration to proceed less drastically in the removal of programs and offerings that support our students and instead model for them decency with the strength of character to maintain our core values and face challenges to them by not yielding to authoritarian fear.

I bet the ghost of Patsy Mink emphatically agrees.