Indiana Attorney General Todd Rokita and State Comptroller Elise Nieshalla sent a letter to IU President Pamela Whitten and the IU Board of Trustees July 31, demanding confirmation the Kinsey Institute complies with state law.
The Kinsey Institute was established in 1947 by Alfred Kinsey, a biologist, sexologist and professor at IU. It is a leading research institute on sexuality, gender and relationships and contains one of the largest sexological collections in the world.
The Indiana General Assembly passed a budget in February 2023 which prohibited the use of state funds for the institute. Rep. Lorissa Sweet, R-Wabash, proposed the amendment to House Bill 1001, alleging without evidence the institute has a history of child sex studies and abuse. The amendment passed with a vote of 53-34.
Indiana Gov. Eric Holcomb signed the state budget bill, which went into effect July 1, 2023.
“More than a year has passed since IU assured the public and state officials that it would follow the law, yet we have seen no indication that any serious actions have been taken,” Rokita said in a press release. “IU is not above the law, and Hoosiers deserve answers.”
Following the February 2023 vote, IU administration submitted plans to establish a nonprofit entity to manage the institute’s operational functions supported by the university’s general fund.
Under the proposal, the institute would have been split into a separate 501(c)(3) nonprofit organization, with its archives remaining under the university’s ownership.
The proposal received backlash from Kinsey faculty, students and members of the IU community, who raised concerns about the separation of the institute’s collections, protection from the university, research, fundraising and branding.
They also said they were informed about the plan less than two weeks before it was to be discussed at an IU Board of Trustees’ meeting. One supporter’s change.org petition collected more than 10,000 signatures.
The IU Board of Trustees tabled the discussion at its meeting Nov. 9-10, 2023.
The university then formed the Kinsey Institute Special Working Group, made of Kinsey faculty and IU administration, which hosted three public listening sessions in January.
The working group concluded in February the institute could remain part of IU without violating state law. It recommended creating an income statement and balance sheet for the institute and covering expenses not supported by external funds with non-state funding sources. The report was approved by Plante Moran, IU’s audit firm.
The IU Board of Trustees voted unanimously to forgo the establishment of a nonprofit entity for the institute at its meeting Feb. 29-March 1. The board decided to develop and submit a plan to the Indiana State Board of Accounts to ensure no state funds supported the institute.
“IU has engaged with the State Board of Accounts to address compliance with IC-21-20-6, using standard accounting practices in regard to budget reporting,” Mark Bode, IU executive director of communications, wrote in an email to the Indiana Daily Student.
According to Rokita and Nieshalla, no plan has been implemented despite the IU Board of Trustees meeting again in June.
“The language and intent of the legislation is clear and unambiguous — state funds may not be used to fund the Kinsey Institute,” the letter reads. “Given the apparent lack of transparency in which the University is complying with the law, it is incumbent upon us, as Indiana elected officials, entrusted with ensuring compliance with state law and proper fiscal stewardship over state tax dollars, to demand you demonstrate that Hoosiers’ hard-earned tax dollars are not used to fund the Institute.”
Rokita and Nieshalla outlined four demands for Whitten and the IU Board of Trustees:
- Confirmation by an independent audit no tax dollars have been used to fund the Kinsey Institute
- A written explanation for each instance the university did not comply with the law if the university is unable to confirm compliance
- A written accounting plan to ensure compliance moving forward
- A list of all Kinsey Institute funding since July 1, 2023
Rokita and Nieshalla did not provide a deadline for their demands but wrote they will review IU’s response and determine if further action is necessary.
