Section 1. Short Title, Findings.

(a) Short Title: Rejecting Racism in Postsecondary Education

(b) Findings: The [name of state] legislature finds the following:

1. The First Amendment of the U.S. Constitution robustly protects the right to speak without government interference, but not to compel others to speak, adopt, affirm, adhere to, or profess specific beliefs.
2. The Fourteenth Amendment of the U.S. Constitution holds that no state shall deny to any person within its jurisdiction the equal protection of the law.
3. Title IV of the Civil Rights Act of 1964 “promotes the desegregation of public schools and authorizes the U.S. Attorney General to file lawsuits to enforce the provisions of the Civil Rights Act. It defines ‘desegregation’ as ‘the assignment of students to public schools and within such schools without regard to their race, color, religion, or national origin,’ thereby removing government-sanctioned racial discrimination in schools and implementing the Supreme Court’s holding in Brown [v. Board of Education] that racial separation is a violation of the Equal Protection Clause of the 14th Amendment.”REF
4. Title VI of the Civil Rights Act of 1964 holds that: “No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.”
5. An example of how postsecondary institutions are compelling certain speech and beliefs among employees about racial issues is that nearly one-fifth of the jobs in higher education require applicants to write a diversity statement pledging their commitment to diversity, equity, and inclusion (DEI), according to an American Enterprise Institute report from November 2021.REF
6. In a study of 65 universities representing 16 percent of all students at four-year universities, researchers found that these schools employed an average of 45 staff members to carry out DEI activities, which are activities that further discrimination, exclusion, and indoctrination. Research finds that the presence and size of DEI offices are unrelated to student satisfaction at these postsecondary institutions.REF
7. Peer-reviewed studies have found that DEI training programs are ineffective at reducing bias and that such programs “in general, do not change people.”REF In some cases, the training has led to increased reported levels of resentment, as well as reducing participants’ likelihood of assuming responsibility for “avoiding discrimination.”REF
8. The U.S. Supreme Court ruled that colleges may not use race or racial stereotypes as the basis in college admissions.REF
9. According to Speech First, 45 percent of all private colleges and 55 percent of public colleges operate a bias-reporting system that encourages individuals on campus to report someone else’s First Amendment–protected speech, reports that trigger burdensome and unfair university investigations.REF The U.S. Department of Justice issued a statement of interest in 2018 against the University of Michigan’s “Bias Response Team” saying that such a policy “chills protected speech.”REF
10. The U.S. Department of Justice has also stated: “Freedom of speech and expression on the American campus are under attack.” Surveys find that 80 percent of students practice self-censorship “at least part of the time” and that 60 percent of students “have at some point felt they couldn’t express an opinion for fear of how students, professors, or college administrators might respond.”REF
11. Accrediting agencies should not consider the existence of discriminatory “racial bias” training and indoctrination programs or other DEI policies, programs, or practices when making accreditation decisions.REF
12. Accreditors have sent biased “notices of concern” to colleges wrongly claiming that they are not “truly inclusive” according to accreditors’ discriminatory definitions of DEI.REF

Section 2. Purpose.

It is the intent of the legislature of [State] that administrators, faculty, and other employees of public elementary and secondary education institutions maintain nondiscriminatory policies in accordance with Title IV and Title VI of the Civil Rights Act of 1964.

Section 3. Provisions.

In order to prevent discrimination, to promote the intellectual development of students and faculty of [State], and to protect the free exchange of ideas according to the U.S. Constitution and the [State] constitution, the legislature enacts the following provisions applicable to all public institutions of higher education in [State], as well as all such similar private institutions of higher education and any other postsecondary institutions (hereinafter collectively “postsecondary institution/s”):

(a) No officer, agent, administrator, employee, teacher, or contractor of a postsecondary institution shall compel another officer, administrator, employee, teacher, contractor, or student to speak, adopt, affirm, adhere to, or profess ideas in violation of Title IV or Title VI of the Civil Rights Act of 1964, including but not limited to the following:

1. That individuals should be adversely or advantageously treated on the basis of his or her race, ethnicity, color, or national origin; and
2. That individuals or groups, by virtue of race, ethnicity, color, or national origin, bear collective guilt or are inherently responsible for actions committed by other members of the same race, ethnicity, color, or national origin.

(b) No officer, agent, administrator, employee, teacher, or contractor of a postsecondary institution may segregate, track, classify, or treat differently students on the basis of race, ethnicity, color, or national origin. This includes offering any benefit, program, or privilege to one student or individual over another based on the race, ethnicity, color, or national origin of the recipient, or demoting, de-classifying, preventing from participation, grading, assessing, or in any way disadvantaging one student or individual over another based on the race, ethnicity, color, or national origin of the same.

(c) No officer, agent, administrator, employee, teacher, or contractor of a postsecondary institution shall, whether or not in the course of instruction or unit of study, compel or direct students to personally voice support for, affirm, adopt, or adhere to any of the tenets identified in section (a).

(d) No officer, agent, administrator, employee, teacher, or contractor of a postsecondary institution shall, whether or not in the course of instruction, unit of study, professional development, or training program, direct or otherwise compel any employee of a postsecondary institution to personally voice support for, affirm, adopt, or adhere to any of the tenets identified in section (a).

(e) No officer, agent, administrator, employee, teacher, or contractor of a postsecondary institution operating in this state, when acting in the course of his or her official duties, shall organize, participate in, or carry out any act or communication that would violate section (a). This shall not be construed to prohibit an employee from discussing the ideas and history of the concepts described in section (a) for legitimate educational or pedagogical purposes consistent with this act and using methods of communications consistent with this act.

(f) No officer, agent, administrator, employee, teacher, or contractor of a postsecondary institution operating in this state may condition enrollment or attendance in a class, training, or orientation on the basis of race, color, or national origin where not required by federal law.

(g) When taking any action on the accreditation or renewal of accreditation of an institution of higher education located in whole or in part in [State], an accrediting agency shall not:

1. Base its accrediting decision in any way on a review or consideration of the DEI policies, programs, or practices of that institution,
2. Collect information related to the DEI policies, programs, or practices of that institution, or
3. Include any requirement related to DEI, including, but not limited to, requirement of a diversity statement from an institution of higher education or any employee or contractor.

(h) Nothing in this statute prohibits or authorizes officers, agents, administrators, employees, teachers, contractors, or students of a postsecondary institution from discussing public policy issues of the day or ideas that individuals may find unwelcome, disagreeable, or offensive.

(i) Postsecondary institutions that are in violation of this section are not eligible for state funding under [State higher education formula]. In order to regain eligibility, an institution must demonstrate compliance with all requirements for not less than one (1) fiscal year after the fiscal year in which such institution became ineligible.

(j) In addition to enforcement by the attorney general of [State], an individual may also bring a private right of action against any postsecondary institution engaged in such prohibited discrimination for a restraining order, a preliminary or permanent injunction, actual damages, and such other as is appropriate to stop a violation of this statute. Such individual shall be entitled to recovery of all attorneys’ fees and costs incurred as well as liquidated damages in the amount of [XXX] for each day that a postsecondary institution violates this statute.

(k) A postsecondary institution shall not expend any state funds and shall reject any federal funds whose receipt requires the institution to promote, support, or maintain any DEI programs or campus activities whether or not targeted or provided to employees, students, guests, or the public, or

1. Hire or assign an institution employee or contract with a third party to conduct DEI activities; or
2. Compel, require, or solicit from a job applicant a DEI statement or give preference to a job applicant that includes a DEI statement; or
3. Require a student applying to a postsecondary institution or job applicant at a postsecondary institution to participate in diversity, equity, or inclusion training as a condition of enrollment or hiring, respectively.

(l) Nothing in this act shall be construed to prevent compliance with any state or federal civil rights laws that do not depend on receipt of state or federal funding.

(m) A postsecondary institution shall not require a current or prospective officer, agent, administrator, employee, teacher, or contractor to submit a statement describing his or her views on matters related to race, ethnicity, color, or national origin—often called diversity statements—to be considered for the purposes of hiring, evaluating, or promoting those administrators, employees, or teachers.

(n) This Act may be enforced through a civil action brought against the accrediting agency by any person who was or is a student of the institution of higher education or was or is employed by or contracted with the institution of higher education.REF

(o) This Act also may be enforced against the accrediting agency by the attorney general on behalf of the state. Any violation of this Act shall constitute a violation of [State civil rights law], and the attorney general may investigate and seek remedies as provided in that law. Any violation of this Act also shall constitute an unfair act in violation of [State Unfair or Deceptive Acts or Practices (UDAP) statute], and the attorney general may investigate and seek remedies as provided in that law.

(p) In addition to any other remedies available at law or equity, an accrediting agency that violates this Act shall be obligated to pay the reasonable attorney’s fees and costs of the party bringing the lawsuit and to pay damages to the party bringing the lawsuit in an amount equal to three times all monies paid to the accrediting agency by the institution of higher education for the accrediting agency’s services, whether dues, fees, or otherwise.

(q) In addition to any other remedies available at law or equity, an accrediting agency that violates this Act shall be liable to pay civil penalties to the party bringing the lawsuit in an amount up to $1,000 per student that attended the institution of higher education at the time the accrediting agency violated Section 3 of this Act.

Section 4. Definitions.

In this Act:

(a) POSTSECONDARY INSTITUTION means a school or a college or department in a school that

1. Provides an eligible program of training to prepare students for gainful employment in a recognized occupation; or
2. Provides a program leading to a baccalaureate degree in liberal arts or science or a graduate degree, and
3. Is accredited by a recognized regional accrediting agency or association and has continuously held such accreditation for [XX] years.REF

(b) AFFIRM, SUPPORT, ADOPT, or ADHERE TO include communicative speech or actions, including but not limited to engaging in symbolic speech, holding signs, raising hands, signing a pledge, participating in a parade or “privilege walk,” or racially segregated activity of any sort.

(c) COMPEL includes causing or pressuring an individual to perform some act or state an idea or belief against his or her will or retaliating against a person who declines to so act or state.

(d) COURSE OF INSTRUCTION or UNIT OF STUDY means a class, single component, or subject offered by a postsecondary institution for the completion of a degree or that leads to a postsecondary award, including academic credit or for the purposes of auditing a class.

(e) ACCREDITATION means the status of public recognition that an accrediting agency grants to an educational institution or program that meets the agency’s standards and requirements.REF

(f) ACCREDITING AGENCY means a legal entity, or that part of a legal entity, that conducts accrediting activities and makes decisions about the accreditation or pre-accreditation status of institutions, programs, or both. It includes any national, regional, or programmatic accrediting agency.REF

(g) DIVERSITY, EQUITY, AND INCLUSION or DEI means:

1. An office, division, department, or administrative provider of a unit of study at a postsecondary institution with the purpose of

   1. Influencing academic, administrative, hiring, or employment practices at the institution; and
   2. Promoting
      1. Racial preferences;
      2. Differential treatment on the basis of race, color, or ethnicity; or
      3. Political or social activism to consider race, color, or ethnicity as factors in decision-making, except where required by federal or state law; and
   3. Any such promotion described in subsection (B) that conflicts with color-blind and sex-neutral processes that align with state and federal antidiscrimination laws; or

2. Any program, activity, applicant statement, or training described in Section 3(j) that promotes an activity described in subsection (B) of this section.

Section 5. Severability.

The provisions of this act are hereby declared to be severable, and if any provision of this act, or the application of such provision to any person or circumstance, is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this act.