A new state office received 69 complaints about Texas universities, including allegations of banned DEI initiatives, restrictions on conservative speech and interference in academic affairs. All but one complaint was closed without investigation, records obtained by The Texas Tribune show.
The Office of the Ombudsman’s only investigation opened during its first five months examined whether an academic assistance program violated the state’s ban on diversity, equity and inclusion by censoring conservative speech while encouraging liberal political speech and antisemitic speech, according to the records. The student who filed the complaint alleged he was terminated from his position as a student instructor after raising those concerns with supervisors. The investigation remained ongoing as of June 11.
Gov. Greg Abbott appointed Brandon Simmons, a former Texas Southern University regent, as the state’s first higher education ombudsman last year. The office is housed within the Texas Higher Education Coordinating Board.
Simmons did not respond to questions about his office’s work, including those regarding allegations received or how the office seeks additional information regarding complaints.
In a statement, he said Texas’ college leaders are working to implement new state laws and “enhancing public trust in higher education by eliminating divisive practices and unconstitutional discrimination and ensuring accountability for important personnel and curriculum decisions. The Office of the Ombudsman is their partner and supports them in this important endeavor.”
Simmons’ office deemed 28 complaints as harassing, profane, “obviously fake” or invalid because they lacked a legitimate name or email address. Others involved more substantive disputes but did not lead to investigations.
For example, seven students reported that colleges were reviewing and restricting course content as a result of the new laws or campus leaders’ actions. The ombudsman closed those after concluding they failed to state a claim or lacked specific facts to support the allegation.
Four students complained about what was being taught in class. One alleged a course included DEI; another that critical race theory was being taught. Simmons’ office closed those complaints as well, in some cases noting that course content is generally exempt from the state’s ban on DEI efforts on public colleges.
Faculty complaints focused mostly on grievance procedures and employment disputes, according to the records. The office closed those after noting that they either failed to state a claim or fell outside its authority.
The records do not identify the complainants or the universities or colleges involved.
Simmons’ office began accepting complaints against state colleges or universities through an online form on Jan. 9. The Legislature created the office last year to investigate complaints from students, faculty and staff alleging violations of two Texas laws. Those are Senate Bill 37, which increased state oversight of curriculum, faculty governance and hiring, and Senate Bill 17, which bans DEI offices, programs and training at public colleges.
If Simmons finds a school violated the law and does not fix the problem within a set time, he can recommend that lawmakers bar the university from spending state money until it complies.
The Tribune requested the complaint data Feb. 23, but the ombudsman’s office asked the Texas attorney general to let it withhold the records. The office argued the information could reveal confidential information, interfere with anticipated litigation and expose internal decision-making. The attorney general’s office rejected those arguments and ruled May 15 that the information must be released. The records were provided to The Tribune this week.
Simmons’ annual salary is about $230,000, according to The Tribune’s Government Salaries Explorer. Legislative budget documents projected the office would have four additional employees, including two compliance analysts, a general counsel and a legal assistant. The projected annual cost for the office was about $786,790.
Simmons is expected to testify this summer about his office’s work. The Senate Higher Education Committee is scheduled to meet July 28.
The Texas Tribune partners with Open Campus on higher education coverage.
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