In a controversial move, Texas Tech Health El Paso has come under scrutiny after a faculty member reportedly altered their course content, omitting the term “disparity.” This change comes amid directives from campus leadership, as outlined in a recent lawsuit.
The American Association of University Professors (AAUP) and its Texas chapter have filed a lawsuit against Texas Tech University System Chancellor Brandon Creighton and its nine Board of Regents. The legal action aims to challenge perceived limitations on teaching about sex, race, gender identity, and sexual orientation.
On Friday, the plaintiffs approached the U.S. district court for the Western District of Texas El Paso Division, seeking an immediate injunction to halt the system’s restrictive policies. They argue these measures adversely impact faculty across the system.
Central to the dispute are directives from memoranda issued by Creighton and approved by the board in December 2025 and April 2026. These directives mandated course material reviews at the system’s five institutions, purportedly to align courses with workforce preparation goals.
Creighton, who authored SB 37, intended the legislation to enforce the state’s prohibitions on diversity, equity, and inclusion (DEI). This bill complements Senate Bill 17, passed in 2023, which dissolved DEI offices in public colleges and universities.
According to the plaintiffs’ attorneys, by early May 2026, campus officials had evaluated approximately 8,500 courses. The board’s Academic, Clinical and Student Affairs Committee reviewed around 500, resulting in modifications to dozens that had previously received approval from provosts, deans, and department chairs.
At Texas Tech Health El Paso (TTHEP), these modifications affected medical education, preventing discussions about health disparities among racial and sexual minorities, including Hispanics, African Americans, and LGBTQIA individuals.
Todd Wolfson, AAUP president, criticized the actions as “a chilling, top-down attack on the freedom to teach designed to intimidate faculty into silence.”
Efforts to reach TTHEP President Richard Lange and Claudia Maria Prospero Ponce were unsuccessful. Questions were redirected to the chancellor’s office in Lubbock. While no comment was provided to El Paso Matters, a statement to The Chronicle of Higher Education expressed confidence in the legality of the system’s policies.
TTHEP did not disclose which courses were altered due to the chancellor’s directive. El Paso Matters filed a Texas Public Information Act request for details, but the system sought an exception from the Texas Attorney General’s Office.
Antonio Ingram II, senior counsel for the Legal Defense Fund, noted that the issues extend beyond course alterations, touching on censorship of topics like race and gender identity that affect faculty, students, and residents.
The plaintiffs are also represented by Lambda Legal and Davis Wright Tremaine LLP. Ingram highlighted that medical school officials in El Paso and Lubbock advised professors against serving transgender patients with medical students present.
Ingram emphasized the difficulty in quantifying the harm, as the directives have already disrupted class discussions and experiential learning. He anticipated a court hearing this summer, with a possible ruling before the fall 2026 semester.
The AAUP and its Texas chapter argue that the directives violate First Amendment free speech rights and the Fourteenth Amendment’s Due Process and Equal Protection Clauses, alleging discrimination against Black professors.
With over 57,000 members nationwide, the AAUP is dedicated to protecting academic freedom. The Texas chapter, affiliated with the Texas American Federation of Teachers, has more than 2,600 members across 100 campuses.
The lawsuit affects the entire Texas Tech University system, which enrolls around 66,000 students and employs approximately 21,000 staff across its five campuses, including TTHEP. Ingram noted that those interviewed were “deeply scared” to come forward.
The case particularly impacts TTHEP, given its mission to prepare healthcare professionals for border communities. The directives curtailed the sharing of expertise among healthcare professionals, potentially affecting comprehensive care for LGBTQIA patients.
The lawsuit highlights the case of an anonymous TTHEP instructor, referred to as Member No. 8, who censored coursework on underserved populations and was instructed not to use the word “disparity.” The narrative cites significant health challenges faced by El Paso County residents, such as higher rates of diabetes and cervical cancer.
Ingram expressed optimism, citing a recent ruling by the 11th U.S. Circuit Court of Appeals against Florida’s “Stop W.O.K.E. Act” as favorable precedent. “I think jurisprudence is on our side,” he stated.
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This story was originally published by El Paso Matters and distributed through a partnership with The Associated Press.
