Tarrant County College has repeatedly and perhaps unlawfully refused to cooperate with The Dallas Express in the news outlet’s investigation into the school’s orientation materials.
DX filed an open records request with the institution after it received a tip that the Equal Employment Opportunity training materials for staff and faculty included interactive video modules titled:
- “Welcome to Diversity!”
- “What is Diversity?”
- “Characteristics of Diversity”
- “Valuing versus Ignoring Diversity”
- “Cultural Awareness Knowledge Check One”
- “Cultural and Conflict”
- “Unconscious Beliefs”
- “Looking Beyond Differences”
DX requested to view the above-mentioned titles and other EEO materials. The open records request was filed on April 18. However, after the statutorily mandated 10-day response time had lapsed without a reply from the college, DX informed the school that it may be in violation of the law and that the Texas Attorney General’s Office would be contacted.
This time, TCC’s general counsel, Keith Whetstone, responded. He told DX that its request was “repetitious or redundant” under Section 552.232 of the Texas Public Information Act because DX had previously sought diversity orientation for TCC’s staff and faculty. Therefore, the April 18 request was ignored.
Whetstone was referring to an earlier open records request filed on April 1. This request was denied on April 10, as DX was told, because no such material existed.
DX explained to Whetstone that its requests were not redundant as one related to diversity orientation material and the other to EEO training. DX then received an “Open Records Complete” notice from Whetstone’s office.
The request-response claimed there was no relevant material regarding the eight items concerning diversity, unconscious beliefs, etc. However, TCC did find an EEO orientation video considered responsive to the April 18 request. For the video, TCC sought to charge DX $30.
DX reminded the general counsel that state law requires fees to be waived if the public can benefit from the information. Government Code § 552.267 reads: “A governmental body shall provide a copy of public information without charge or at a reduced charge if the governmental body determines that waiver or reduction of the charge is in the public interest because providing the copy of the information primarily benefits the general public.”
The Freedom of Information Foundation of Texas seems to stand by this plain reading of the law.
“Governmental agencies do not have to charge for producing copies of records, and they are permitted to waive the costs if releasing the records benefits the public,” TPIA says on its website.
DX requested that the video be emailed because the request-response said it was an “alternative” and “less costly method” of dissemination.
TCC’s attorney responded, “Tarrant County College District pertaining to open records request; treats all requestors equally as such, payment must be received for all copy charges and or other charges before production of documents are given (mail, fax, email) to a requestor.”
He likewise notified The Dallas Express that the video would not be released through any means of communication until fees were paid in full.
The last exchange between DX and TCC occurred on May 24 when the news outlet sent another dispute notification informing general counsel that they were required to waive the fees under § 552.267.
The open records request is now pending before the Texas Attorney General’s Office.
If the EEO video contains material on “diversity, equity, and inclusion,” it would likely violate SB 17, which took effect on January 1, 2024.
The law “prohibits public institutions of higher education from establishing or maintaining DEI offices, officers, employees, or contractors that perform the duties of a DEI office.” The legislation also prohibits “requiring related training,” per a bill analysis committee report.
However, a previous investigation by DX found six public universities, including the University of Texas at Austin and Texas A&M, to be in potential violation of the law. A DX investigation at Collin County Community College found 12 potential violations, which forced the institution to scrap numerous job descriptions with DEI language.
Often, when universities are identified for possible violations, they quietly scrap the offending material and then later offer a defiant response that they never did anything wrong, as Texas A&M did in April of this year.