Divisive Concepts Legislation

On April 12, 2022, the statement below was disseminated across the APSU community.

 

1. Infringe on the freedom of speech as guaranteed by the First Amendment and Tennessee Constitution;
2. Infringe on academic freedom; or
3. Require action contrary to academic accreditation requirements.

1. Does not prohibit the teaching of subject matter;
2. Does not mandate the teaching of any subject matter;
3. Does not prohibit the promotion of DEI, provided that such efforts are consistent with the Act; and
4. Does not alter or amend any provision of the Campus Free Speech Protection Act, including the provisions acknowledging academic freedom.

1. Divisive Concepts

1. One race or sex is inherently superior to another race or sex;
2. An individual, by virtue of the individual's race or sex, is inherently privileged, racist, sexist, or oppressive, whether consciously or subconsciously;
3. An individual should be discriminated against or receive adverse treatment because of the individual's race or sex;
4. An individual's moral character is determined by the individual's race or sex;
5. An individual, by virtue of the individual's race or sex, bears responsibility for actions committed in the past by other members of the same race or sex;
6. An individual should feel discomfort, guilt, anguish, or another form of psychological distress solely because of the individual's race or sex;
7. A meritocracy is inherently racist or sexist, or designed by a particular race or sex to oppress members of another race or sex;
8. This state or the United States is fundamentally or irredeemably racist or sexist;
9. Promoting or advocating the violent overthrow of the United States government;
10. Promoting division between, or resentment of, a race, sex, religion, creed, nonviolent political affiliation, social class, or class of people;
11. Ascribing character traits, values, moral or ethical codes, privileges, or beliefs to a race or sex, or to an individual because of the individual's race or sex;
12. The rule of law does not exist, but instead is a series of power relationships and struggles among racial or other groups;
13. All Americans are not created equal and are not endowed by their Creator with certain unalienable rights, including, life, liberty, and the pursuit of happiness;
14. Governments should deny to any person within the government's jurisdiction the equal protection of the law; and
15. Race or sex stereotyping, which is defined as ascribing traits, values, moral and ethical codes, privileges, status, or beliefs to a race or sex, or to an individual because of race or sex;1 and
16. Race or sex scapegoating, which is defined as assigning fault, blame, or bias to a race or sex, or to members of a race or sex, because of their race or sex, and includes any claim that consciously or subconsciously, and by virtue of a person’s race or sex, members of a race are inherently racist or inclined to oppress others, or that members of a sex are inherently sexist or inclined to oppress others.

2. Specific Prohibitions

1. Institutions of higher education (IHEs) shall not discriminate against, penalize, or treat adversely either a student or employee because the individual refused to support, believe, endorse, embrace, confess, act upon, or otherwise assent to one or more Divisive Concepts.
2. IHEs shall not require a student or employee to endorse a specific ideology or political viewpoint to be eligible for hiring, tenure, promotion, or graduation.
3. IHEs shall not ask the ideological or political viewpoint of a student, job applicant, job candidate, or candidate for promotion or tenure.
4. IHEs shall not use state funding to incentivize faculty to incorporate one or more Divisive Concepts into academic curricula. (Payment of regular salary/compensation does not qualify as an incentive, but bonuses, stipends, and other payments in addition to regular salary would be an incentive.)
5. Training-related prohibitions. Note that training is broadly defined and “includes seminars, workshops, trainings, and orientations.” APSU does not interpret seminars to include academic classes, whether taught in seminar format or otherwise, as the Act does not place prohibitions on what faculty may teach. APSU currently interprets training to include both training provided by the college and also by third parties. IHEs shall not:
   1. Conduct any mandatory training for students or employees that contains one or more Divisive Concepts; or
   2. Use training programs or training materials for students or employees that contain one or more Divisive Concepts.

3. Lawsuits

1. Biennial Survey

2. DEI Employees

1. Guidance for Faculty

1. To discriminate against, penalize, or treat adversely either a student or employee because the individual refused to support, believe, endorse, embrace, confess, act upon, or otherwise assent to one or more Divisive Concepts.
2. To require a student to endorse a specific ideology to pass a class, get a certain grade, to graduate, or for any other reason.
3. To ask (outside of a teaching or other setting in which academic freedom is being exercised), the ideological or political viewpoint of a student.
4. To ask the ideological or political viewpoint of a job applicant, job candidate, or candidate for promotion or tenure.

2. Guidance for senior administration, supervisors, and other employees who have the ability to affect the terms and conditions of an individual’s employment

1. To discriminate against, penalize, or treat adversely either a student or employee because the individual refused to support, believe, endorse, embrace, confess, act upon, or otherwise assent to one or more Divisive Concepts.
2. To require an employee or applicant (or student) to endorse a specific ideology to be eligible for hiring, promotion, or tenure.
3. To ask the ideological or political viewpoint of a student.
4. To ask the ideological or political viewpoint of a job applicant, job candidate, or candidate for promotion or tenure.

3. To comply with the training-related* requirements of the Act:

1. Review current training programs and confirm that they do not contain any Divisive Concepts;
2. Ensure that those who create new training programs understand the prohibitions in the Act; and
3. Require third parties who conduct training to abide by the Act. Please contact the Office of Legal Affairs for additional support related to contracting where this Act is concerned.

4. Human Resources and/or Academic Affairs, as appropriate, should provide reminders that state law prohibits asking about ideological or political viewpoints in materials for:

1. search committees
2. tenure and promotion committees