N.H. House Bill 2’s prohibition on diversity, equity and inclusion programs at public schools and colleges creates a dilemma for educators, a Keene State College administrator and faculty member says in a legal deposition.
Dottie Morris is the college’s associate vice president for community and belonging. She was the associate vice president for institutional equity and diversity at the college, but her title changed after Gov. Kelly Ayotte signed HB 2 into law at the end of July, according to the deposition.
Morris, who also is an associate professor of psychology at Keene State, is one of those challenging the new law in a federal lawsuit. On Wednesday, plaintiffs’ attorneys are scheduled to appear in U.S. District Court in Concord to seek a preliminary injunction to block the law.
She didn’t immediately return a call for comment Monday.
Morris says in her deposition that a “lack of clarity about the expectations for how to comply with HB2’s anti-diversity, equity, and inclusion provisions, coupled with the severe and potentially devastating consequences a perceived violation may bring, have educators in a dilemma.”
One potential consequence is a halt to public funding.
“The concern and fear of violating HB2’s directive will stifle educators’ abilities to adequately serve all of their students, to create school environments that support students from diverse lived experiences, and to ethically engage in their vocation,” Morris said.
Morris is participating in the lawsuit as an individual, not a representative for Keene State College. Other plaintiffs include the National Education Association-New Hampshire and four school districts.
Attorneys from the American Civil Liberties Union-New Hampshire argue HB 2 lacks objective guidelines and chills the ability of educators to act within the standards of their profession.
N.H. Attorney General John Formella contends in a legal brief that the law is not unconstitutionally vague and would not cause “immediate irreparable harm.”
He also said the statute doesn’t violate constitutional free speech rights because the First Amendment does not involve government speech.
Rep. Mike Belcher, R-Wakefield, has been one of the most vocal opponents to DEI in the N.H. Legislature.
In testimony before a House committee in February, he said he wants to eliminate programs that advantage one group over another and that this is in line with the Trump administration’s executive action against diversity, equity and inclusion initiatives.
Belcher described programs meant to promote social justice, diversity, equity and inclusion as “discriminatory, punitive and divisive.”
Morris, who holds a doctorate in clinical psychology, said in her deposition that she has been dedicated and devoted to diversity, equity, inclusion and social justice for almost three decades.
She said her goal is to give students a better understanding of the world around them so they can better engage in society after graduation. Part of this work involves having students and staff examine conscious and unconscious biases.
“With the enactment of HB 2, my work in my current role is now in question,” she said. “I do not know whether I can reference implicit bias either to students or fellow staff members out of fear of being accused of violating the law — an accusation that could cause KSC to lose vital public funding.”
Among the lawsuit’s exhibits is Keene State College’s website, which, before HB 2 was signed, had six pages about justice, equity, diversity and inclusion at the academic institution.
After the law went into effect, this information was taken down.
“In response to this new law, selected college webpages have been temporarily taken offline to permit a thorough review of the college’s programs, policies, and online materials as we plan for how best to foster a campus culture that supports access, belonging, and student success in a way that fully complies with state law,” the website says.
Plaintiffs in the lawsuit also include the Oyster River Cooperative School District in Durham, N.H., the Dover School District, the Somersworth School District, the Grantham School District, James T. McKim Jr., an author and executive coach; and N.H. Outright, a Portsmouth-based nonprofit that advocates for LGBTQ+ youth across the state.
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