Senate Bill 2721

AN ACT TO ENACT THE REJECTING RACISM IN HIGHER EDUCATION ACT; TO ESTABLISH THE LEGISLATIVE FINDINGS OF THE ACT, INCLUDING THAT IT IS THE INTENT OF THE LEGISLATURE 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; TO PROVIDE THAT 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 EXCEPT WHERE EXPRESSLY REQUIRED BY STATE OR FEDERAL LAW; TO PROVIDE THAT 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 DIVERSITY, EQUITY, OR INCLUSION PROGRAMS OR CAMPUS ACTIVITIES WHETHER OR NOT TARGETED OR PROVIDED TO EMPLOYEES, STUDENTS, GUESTS, OR THE PUBLIC; TO PROVIDE THAT POSTSECONDARY INSTITUTIONS THAT ARE IN VIOLATION OF THIS ACT SHALL NOT BE ELIGIBLE FOR STATE FUNDING; TO PROVIDE THAT IN ADDITION TO ENFORCEMENT BY THE ATTORNEY GENERAL OF MISSISSIPPI, AN INDIVIDUAL MAY ALSO BRING A PRIVATE RIGHT OF ACTION AGAINST ANY POSTSECONDARY INSTITUTION ENGAGED IN SUCH PROHIBITED DISCRIMINATION FOR AN INJUNCTION, ACTUAL DAMAGES, AND LIQUIDATED DAMAGES OF ONE MILLION DOLLARS; TO PROVIDE THAT NOTHING IN THIS STATUTE PROHIBITS OR AUTHORIZES OFFICERS, AGENTS, ADMINISTRATORS, EMPLOYEES, TEACHERS, OR CONTRACTORS OF A POSTSECONDARY INSTITUTION OR STUDENTS FROM DISCUSSING PUBLIC POLICY ISSUES OF THE DAY OR IDEAS THAT INDIVIDUALS MAY FIND UNWELCOME, DISAGREEABLE OR OFFENSIVE; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. This act shall be known and may be cited as the "Rejecting Racism in Higher Education Act."

SECTION 2. The 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 laws.

(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 concretizing 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."

(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) The U.S. Supreme Court ruled that colleges may not use race or racial stereotypes as a basis in college admissions decisions.

SECTION 3. Purpose. It is the intent of the legislature of this 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 4. Definitions. The following terms shall have the meanings ascribed herein:

(a) "Affirm, support, adopt or adhere to" shall 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.

(b) "Compel" shall include 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.

(c) "Course of instruction or unit of study" shall mean 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.

(d) "Diversity, equity and inclusion" shall mean:

(i) 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 any of the following:

a. Racial preferences;

b. Differential treatment on the basis of race, color, or ethnicity; or

c. Political or social activism to consider race, color, or ethnicity as factors in decision-making, except where required by law; and

3. Any such promotion described in item 2 that conflicts with color-blind and sex-neutral processes that align with state and federal antidiscrimination laws; or

(ii) Any program, activity, applicant statement, or training described in Section 4(4) that promotes an activity described in item 2 of this paragraph (d).

SECTION 5: Provisions. (1) In order to prevent discrimination, to promote the intellectual development of students and faculty of Mississippi, and to protect the free exchange of ideas according to the constitutions of the United States, the legislature enacts the following provisions applicable to all public institutions of higher learning in this state, as well as all such similar private institutions of higher education and any other postsecondary institutions (hereinafter collectively referred to as "postsecondary institution"):

(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:

(i) That individuals should be adversely or advantageously treated on the basis of their race, ethnicity, color or national origin; and

(ii) That individuals, 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 except where expressly required by state or federal law.

(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 paragraph (a) of this section.

(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 employees of a postsecondary institution to personally voice support for, affirm, adopt or adhere to any of the tenets identified in paragraph (a) of this section.

(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 paragraph (a) of this section. This shall not be construed to prohibit an employee from discussing the ideas and history of the concepts described in paragraph (a) of this section 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) Nothing in this statute prohibits or authorizes officers, agents, administrators, employees, teachers, or contractors of a postsecondary institution or students from discussing public policy issues of the day or ideas that individuals may find unwelcome, disagreeable or offensive.

(2) Postsecondary institutions that are in violation of this section shall not be eligible for state funding. 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.

(3) In addition to enforcement by the attorney general of Mississippi, 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 attorney's fees and costs incurred as well as liquidated damages in the amount of One Million Dollars ($1,000,000.00) for each day that a postsecondary institution violates this statute.

(4) 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 diversity, equity, or inclusion programs or campus activities whether or not targeted or provided to employees, students, guests or the public or any of the following:

(a) Hire or assign an institution employee or contract with a third party to conduct diversity, equity or inclusion activities; or

(b) Compel, require or solicit from a job applicant a diversity, equity or inclusion statement or give preference to a job applicant that includes a diversity, equity, or inclusion statement; or

(c) 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.

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

(6) A postsecondary institution shall not require current or prospective officer, agent, administrator, employee, teacher, or contractor to submit a statement describing their 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.

SECTION 6. 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.

SECTION 7. This act shall take effect and be in force from and after July 1, 2024.