(a) A public institution of higher education shall not:

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Terms Used In Tennessee Code 49-7-1904

  • Divisive concept: means a concept that:
    (A) One (1) race or sex is inherently superior or inferior to another race or sex. See Tennessee Code 49-7-1902
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Training: includes seminars, workshops, trainings, and orientations. See Tennessee Code 49-7-1902
(1) Conduct any mandatory training of students or employees if the training includes one (1) or more divisive concepts;
(2) Use training programs or training materials for students or employees if the program or material includes one (1) or more divisive concepts;
(3) Use state-appropriated funds to incentivize, beyond payment of regular salary or other regular compensation, a faculty member to incorporate one (1) or more divisive concepts into academic curricula; or
(4) Approve or use state funds for fees, dues, subscriptions, or travel in conjunction with the membership, meetings, or activities of an organization if participation in such organization requires an individual, or an individual’s employer, to endorse or promote a divisive concept.
(b)

(1) If a public institution of higher education employs an individual whose primary job title includes diversity, equity, or inclusion, then:

(A) The institution must ensure that the employee’s efforts strengthen and increase intellectual diversity and promote a climate that facilitates the free and respectful exchange of ideas; and
(B) The institution must ensure that the employee’s duties include efforts devoted to supporting student academic achievement and workforce readiness, such as mentoring, career readiness and support, workforce development, or other related learning support activities necessary for the academic and professional success of all students.
(2) Employees whose job title includes diversity, equity, or inclusion but whose primary duties require compliance with state or federal law that conflicts with subdivision (b)(1) are exempt from this subsection (b).
(c) Each public institution of higher education shall ensure that the institution complies with subsection (b). The institution shall submit a report directly to the institution’s chief executive on how the institution is complying with subdivision (b)(1). If the institution is part of a university system, then the report must be submitted to the system’s chief executive for review after the report is submitted to the institution’s chief executive.
(d)

(1) A public institution of higher education shall notify students and employees of the institution on the restrictions in § 49-7-1903 and the definition of divisive concepts in § 49-7-1904 by including such information on the institution’s website and on introductory materials provided by the institution to new students and employees.
(2) Institutions shall provide employee training to ensure compliance with this part.
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