Indiana AG, comptroller want proof of no funds supporting IU’s Kinsey Institute

Indiana Attorney General Todd Rokita and State Comptroller Elise Nieshalla want Indiana University to show “proof of compliance” with a 2023 state budget law that stripped state funding from the university’s Kinsey Institute for Research in Sex, Gender and Reproduction.

In a letter to IU President Pamela Whitten and the IU Board of Trustees, Rokita and Nieshalla requested the university share how it “ceased utilizing Hoosier taxpayer dollars to fund the Institute” and “the measures employed to ensure compliance with the law going forward.”

“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 media relations, said in a statement to the Indiana Capital Chronicle.

But the university did not respond to questions on the specifics of these interactions with the State Board of Accounts, and if separate funds had been raised to support the institute.

History and compliance

The Kinsey Institute, founded in 1947, conducts research on issues related to sexuality, gender and reproductive health and behavior. The institute also researches topics including gender equity in business, sexual assault risk and prevention, disabilities, trauma, safe condom use and relationship dynamics. Additionally, the Kinsey Institute maintains a library of thousands of papers, photos and artifacts, and supports various community outreach and education initiatives.

But it is most known for its research on sex, and that’s what caught lawmakers’ eyes.

Rep. Lorissa Sweet, R-Wabash introduced the amendment to strip public funding for the Kinsey Institute during a hearing on the state budget in February 2023. She alleged without evidence that the organization could be hiding child predators, and that Alfred Kinsey, the institute’s namesake, was a child predator himself.

While the amendment faced pushback from some representatives, including Matt Pierce, D-Bloomington, it ultimately passed and went into effect on July 1, 2023.

After the state budget was signed into law, the IU Board of Trustees discussed plans to separate the Kinsey Institute from the university and establish a not-for-profit to manage the institute’s operations. However, when IU faculty, staff and students expressed concerns, the board tabled and ultimately abandoned the plans in March.

In a press release announcing the board’s decision, IU said it would prepare and submit a plan to the SBOA detailing how it would comply with the new law. According to the release, university leadership also committed to the following actions to continue supporting the Kinsey Institute:

• Supporting the Kinsey Institute’s efforts to secure “sustainable philanthropic support” for its research and work
• working to “affirm the valuable work of the Kinsey Institute, which has faced continued opposition fueled by misinformation.”
• Continuing to provide faculty and staff salaries and university affiliations while in compliance with the law
• Providing “appropriate security measures” for Kinsey Institute facilities.

In the letter sent to university leadership, Rokita and Nieshalla say that two Board of Trustees meetings have passed while no accounting plan has been implemented.

On March 1, the university announced its plans to present a plan to the SBOA. It held a meeting in June and another meeting on July 29. The Board of Trustees used much of these meetings to discuss and approve a new university-wide expressive activity policy and campus culture.

“As the state elected leader responsible for the accounting and reporting of state funds, I take seriously my responsibility to document and provide complete transparency for tax dollars spent within state government,” Nieshalla, the state comptroller, said in the release. “With the absence of evidence per state law that tax dollars are no longer supporting the Kinsey Institute, we are calling for necessary financial information to prove adherence to state statute.”

Reporting and examining financial affairs, as well as ensuring public entities’ compliance with the state budget, largely falls within the responsibilities of the SBOA. A board consisting of the state examiner, two deputy state examiners and members of various government finance and integrity groups oversee the SBOA.

The state comptroller, on the other hand, oversees accounts payable distributions, local government accounting and reporting, payroll and and maintaining the state’s general ledger and accounting system.

“More than a year has passed since IU assured the public and state officials that it would follow the law, yet have seen no indication that any serious actions have been taken,” Rokita said in the release. “IU is not above the law, and Hoosiers deserve answers.”

Rokita, who is running against Democrat Attorney General nominee Destiny Wells this November, is involved in several other disputes with public entities. Rokita recently sued East Chicago and Monroe County for their sanctuary city ordinances, but dropped his case against East Chicago this week. His office is still pursuing the case against Monroe County. He also has sided with outside groups against the Indiana Department of Health in a dispute over public records.

The Indiana Capital Chronicle is an independent, not-for-profit news organization that covers state government, policy and elections.