FAU president search: Firm gets warned about advertising job on women, diversity-focused boards

Florida Atlantic University, Boca Raton. Credit: FAU

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During the first meeting in Florida Atlantic University’s second attempt to find a president, a lawyer and former New College of Florida trustee told the firm handling the search that posting the job on publications focused on women or diversity would be inconsistent with state policy.

The public university in Boca Raton is restarting its search seven months after a state investigation found violations of the Sunshine Law because candidates had to fill out an anonymous survey. University System Chancellor Ray Rodrigues also criticized the search because candidates were asked about their gender and preferred pronouns, although the investigation didn’t classify that as a violation.

The new search committee held its first meeting on Wednesday, when Ann Yates, a representative with the search firm Buffkin/Baker, outlined the timeline for the process. Previous clients of the firm include the University of Florida, the University of Missouri, and Michigan State University. The search committee plans to send a list of finalists to the board of trustees by January.

Appropriate publications

One of the people on the new search committee is Robert Allen Jr., an attorney who told the Chronicle of Higher Education that he alerted the DeSantis administration about vacancies in the New College Board of Trustees, which prompted Gov. Ron DeSantis in install his own slate and led to the conservative overhaul of the institution.

Allen set the mood when he asked Yates where the firm would advertise the job opening. Yates responded that the decision depended on the committee’s preference but that the firm typically announces openings on job boards of publications such as the Chronicle, Inside Higher Ed, Women in Higher Education, Diverse Issues, and publications geared toward Hispanic-serving institutions.

“Florida has recently passed some laws that relate to the consideration of diversity issues. I don’t know how they apply in the presidential search context, but I can tell you that the articulation of the focus on women or diversity is inconsistent with the general thrust of where the state is going,” Allen told Yates. “So, I’m not sure what the appropriate publications are, but I think you need to consult with counsel. This is not an ordinary state.”

Allen’s law firm website includes a diversity tab that lists the cultural backgrounds of employees, referring to one as “LGABCD … American,” in apparent mockery of the LGBTQ appellation.

“Our law firm doesn’t live by platitudes such as ‘we are committed to diversity,’ or ‘our diversity is our strength,’ or ‘there cannot be excellence without diversity.’ In fact, it would not be true to say that we even place any focus whatsoever on what passes for ‘diversity’ — though it would be hard to imagine a more diverse law firm than Robert Allen Law,” a paragraph on the website reads.

DeSantis has moved to eliminate diversity, equity, and inclusion efforts from higher education, approving a law last year ( SB 266 ) prohibiting the use of state and federal funds for any activities with that focus. The law led universities across the state to shut down DEI offices.

Previous search violations

FAU’s general counsel Daniel Jones emphasized the importance of conducting all business during public meetings and reminded the committee members they had to sign non-disclosure agreements verifying that they wouldn’t divulge information about the candidates. In 2022, the Florida Legislature passed a law shielding the identities of applicants until near the very end of the process.

Harkening back to the controversy last year, Sherry Murphy, a trustee and chair of the search committee, acknowledged that the new search would draw attention.

“It’s paramount that we all comply with the NDA that we signed, and we know that there will be media interest in our search. So please remember that the chair speaks for the committee. That’s me,” she said.

The state investigation also found that previous search committee member Dick Schmidt’s op-ed criticizing the suspension of the search had violated the NDA because FAU officials had collaborated in the crafting of the piece. The complaint that kickstarted the investigation came from Republican Rep. Randy Fine of Brevard County, according to the Chronicle. Fine has said that DeSantis had approached him about the job, according to the Palm Beach Post , but he didn’t make the list of finalists.

FAU can expect a smaller pool of applicants because it had to restart the process, Yates told the group on Wednesday. She said 50 to 75 people usually apply to presidential posts at universities.

The next meeting is set for Aug. 14.

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