The Oversight Project, a spinoff of the conservative Heritage Foundation known for deluging government agencies with public records requests, has set its sights on the University of North Carolina at Chapel Hill.
According to Chapel Hill’s open records request database, Mike Howell, the Oversight Project’s president, submitted a sweeping request to the university on July 2, asking for syllabi and class materials presented to students in roughly 70 courses that contain “any of the following search terms, whether in titles, body text, footnotes, metadata, or hyperlinks.” He then listed 30 search terms he wanted Chapel Hill to use, including “Diversity, Equity, Inclusion, and Belonging”; “gender identity”; “intersectionality”; “white privilege”; “cultural humility”; “racial equity”; “implicit bias”; “microaggressions”; “queer”; and “sexuality.”
The courses whose materials he asked the university to search included Gender and Sexuality in Islam, Increasing Diversity in STEM Research and Black Families in Social and Contemporary Contexts, as well as Right-Wing Populism in Global Perspective; First-Year Seminar: Mobility, Roads, NASCAR, and Southern Culture; and Introduction to the American Stage Musical.
Howell also asked the university to waive any fees for searching for or providing these possibly voluminous records. His explanation for why the Oversight Project deserved to pay nothing suggested what he was seeking to do with the information.
“Disclosure of these records will contribute significantly to the public’s understanding of university operations and student-facing programming, particularly considering ongoing public concern regarding institutional compliance with current Executive Orders issued by the President of the United States,” Howell wrote, specifically mentioning President Trump’s anti-DEI executive orders from January. The records “will shed light on potential inconsistencies between internal practices and public representations made by officials in a matter of substantial national importance,” he wrote.
Government agencies that are subject to open records requests such as the one the Oversight Project has submitted often charge for such work; the State Department’s fees range from $21 to $76 per hour, depending on the personnel fulfilling the request, and $0.15 per page, for example.
It’s another example of conservatives using open records laws to target what’s being researched or taught—or what they think is being taught—at public universities. And using keyword searches for terms such as “DEI” echoes the approach federal agencies under Trump have adopted to search grants to determine which might be canceled. Some universities have also conducted their own similar hunts to find content on internal websites and within courses that may run afoul of federal or state prohibitions related to DEI.
In February, the UNC system ordered its 16 public universities to immediately stop requiring “course credits related to diversity, equity and inclusion,” without defining what that meant. Some university administrations used keyword searches of course descriptions, looking for terms such as “cultural” to choose which courses to review. The system allowed institutional chancellors to grant waivers for dozens of courses with diversity themes that remain necessary for certain degrees. A system administrator said about 95 percent of programs identified for exemptions “had accreditation and licensure requirements attached.”
The request for syllabi is also another example of conservative groups targeting UNC system campuses for allegedly continuing to practice DEI, despite multiple efforts by the UNC system Board of Governors to stamp it out. Since April, another group, Accuracy in Media, has released undercover videos allegedly showing staffers at other UNC institutions still promoting DEI.
Chris Petsko’s business course, Leading and Managing, was among those the Oversight Project requested records for. Petsko, an assistant professor of organizational behavior, said a small part of the course includes segments on stereotyping and prejudice as they relate to workplace outcomes, such as hiring.
Petsko said the university notified him of the request, and he looked up what the Oversight Project was. Based on what he found, he won’t give up his course materials, he said. He didn’t like the request’s implication that he was violating executive orders and said those sympathetic to the Trump administration seem “perfectly willing to make outlandish legal arguments that they know will lose in lower courts simply to give their ideology some kind of legitimacy.” The Oversight Project has been accused of releasing misleading information before.
Petsko said he didn’t want to give the Oversight Project something to “twist” in its mission to keep “targeting public universities for doing the work they need to do.”
‘Meant to Intimidate’
Chapel Hill says it’s a faculty member’s right not to share their course information. Though the media relations office didn’t provide an interview Monday, a university spokesperson wrote in an email, “The University has not responded to this public records request and is still in the process of identifying what—if any—records will be produced. Course materials, including but not limited to exams, lectures, assignments and syllabi, are the intellectual property of the preparer and are owned by the preparer as non-traditional work.”
The Oversight Project also didn’t provide an interview to Inside Higher Ed. In an email, Howell wrote, “UNC is a public school which has a long track record of discrimination. Syllabi are public records and belong to the public. We intend to let the public know what is being taught at a public school. That’s not intimidation, it’s good governance and transparency. If a professor is too much of a wimp to let me read his syllabus then he’s in the wrong business.”
When asked to provide a list of donors to the Oversight Project, Howell responded, “And no of course I’m not sending you a list of donors but please do send donors to our website.”
Petsko shared his research into the rules regarding responding to Howell’s group with other faculty on LinkedIn.
“At many public universities, syllabi are considered intellectual property,” he wrote in a post. “As such, at many schools (mine included) professors are not required to share their syllabi in response to public records requests. My advice is to check what your university policy is prior to complying with requests in advance.”
He also wrote that “at public universities, you have a legal right to decide how to teach your course and to decide what topics to include” if it’s relevant to the course.
“Keep doing the work you were trained to do,” he wrote. “Keep educating others. Keep sharing your expertise. And don’t let vague references to executive orders make you question whether you have a right to be sharing your knowledge with the world.”
Zach Greenberg, a First Amendment attorney at the Foundation for Individual Rights and Expression, said his organization advocates for narrow exemptions to open records laws to keep private faculty records, correspondence and other written materials for the purpose of scholarship, research and teaching.
“These very broad and vague requests for faculty academic records such as syllabi and faculty communications about their academic pursuits chill free speech by putting a large burden on the faculty members and revealing private academic information they use to teach their classes,” Greenberg said. Forcing disclosure, he said, can result in altering these courses.
Joan Scott, a member of the American Association of University Professors’ Committee A on Academic Freedom and Tenure and one of the founders of Chapel Hill’s women’s studies program, said this use of open records requests is “not a new tactic.” She said these requests are “meant to intimidate” and suggested the targeting of Chapel Hill is part of a pressure campaign on state legislators to overturn the Democratic governor’s veto of anti-DEI legislation.
“Whatever they’re claiming the legal right is, it’s a violation of academic freedom, it’s a violation of individual free speech rights and it’s an intrusion into the teaching of university faculty in the name of, it seems to me, a right-wing ideological agenda,” Scott said.
