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‘Court’s decision rejecting ASU’s attempt to dismiss the case affirms the importance of holding public institutions accountable for policies that violate constitutional rights,’ attorney says 

A conservative professor’s lawsuit challenging Arizona State University’s “Inclusive Communities” faculty training may proceed, a judge recently ruled, prompting campus leaders to now seek relief from the state’s court of appeals in an attempt to dismiss the case.

Owen Anderson, an outspoken Christian conservative professor at ASU, filed the lawsuit last spring, alleging the university’s mandatory diversity, equity and inclusion training for faculty violates a 2022 state law that forbids public agencies from requiring employees to engage in training “that presents any form of blame or judgment on the basis of race, ethnicity or sex.”

In response, the Arizona Board of Regents argued in court documents the training is not mandatory and does not assign blame on white males, however Anderson has screenshots that show the training is billed as mandatory, with concepts such as white privilege and white supremacy included.

ASU’s media relations division did not respond to repeated requests from The College Fix.

In a court filing obtained by The College Fix, the university argues the training does not run afoul of the law, that “employees are encouraged to discuss and openly question the concepts and ideas contained within” and are allowed to disagree with them.

Campus leaders also claim the training is not mandatory, arguing it is a “request” and “ASU has not disciplined any faculty, staff, or other employee (including Anderson) for failing to view or complete any aspect of the Inclusive Communities training.”

ASU’s defense led to a loss in its bid to have the case tossed out. In late December, Maricopa County Superior Court Judge Melissa Julian denied a motion to dismiss the case, the Phoenix New Times reported.

Stacy Skankey, an attorney for the Goldwater Institute, which represents Anderson, told The College Fix that the “court’s decision rejecting ASU’s attempt to dismiss the case affirms the importance of holding public institutions accountable for policies that violate constitutional rights.”

“…This is a crucial step forward in our fight against ASU’s discriminatory DEI regime and vindicating Owen Anderson’s rights,” she said via email. “We may now proceed with our case to ensure that all ASU faculty and staff are free from mandatory taxpayer-funded trainings that impose ideological conformity.”

She added she disagrees with the Arizona Board of Regent’s decision to appeal the ruling.

“ABOR’s motion to stay is improper at this time,” Skankey told The Fix. “This looks like a delay to avoid the discovery phase of litigation and deprives Professor Anderson of additional information about the Inclusive Communities training that he is entitled to. We intend to oppose the motion and move this case forward.”

According to Anderson, the training would require him to agree that white heterosexuals are inherently racist. The “Inclusive Communities” module also includes an exam at the end, with “correct” answers, of which Anderson said he believes he should not have to agree with.

Responding to ASU’s defense, Anderson argued campus leaders are basically saying they did not break any laws because it is not their intent to blame anybody for injustices, and they say so at the start of the training.

Anderson wrote on his Substack he feels this is ridiculous and illogical, adding he could imagine a room full of attorneys brainstorming a response.

“Well, after discussing different approaches, one of them says, ‘How about this? How about we say that because we started the DEI training with a disclaimer telling employees not to feel blamed, we can then say whatever we want in the training?’ The consultants in the room nod their heads. ‘I like it!’ one of them says.”

In their answer to Anderson’s complaint, the Arizona Board of Regents argue ASU’s intent is to promote a welcoming environment for students of diverse backgrounds, stating “the training’s very purpose is for the university community to be more welcoming, not to make anyone feel unwelcome as a result of who they are or what they believe.”

“The lawsuit filed by the Goldwater Institute is false and without merit,” an ASU spokesperson told KJZZ Phoenix. “ASU trains all faculty on its charter commitment to inclusiveness and the success of students from all walks of life. The Goldwater Institute suit misleads the court and misrepresents both the content and requirements of this training to make an argument that represents a political perspective but is not based on the law.”

ASU’s response also states the Inclusive Communities training no longer includes an exam, but instead asks employees to confirm their review of the required materials in each section.

Additionally, the response denies that any of the exam answers are “correct” in any sense other than the most accurate reflection of the training material among other answer choices.

Overall, the main defense against the allegations are that “ASU neither treats, or advances education or training that encourages treating, individual persons or groups of people differently from each other based on their demographic or immutable characteristics such as race or national origin, nor does the Inclusive Communities training present, encourage, or require any form of ‘blame or judgment.’”

MORE: Conservative professor sues ASU over its mandatory DEI training

IMAGE: Owen Anderson

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