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Divisive Concepts Legislation: Information and Support

Many members of our campus community have shared concerns about state legislation that defines what it terms divisive concepts and prohibits their use in mandatory training, among other things.

In the interest of keeping the campus community informed and supported, we repeat here our guiding principles and provide information about the legislation.


Our Principles

We will protect our faculty’s academic freedom.

All faculty—tenured, pretenure, and non–tenure track—have the right to teach, research, create, and perform about their knowledge and understanding in their discipline. This academic freedom persists even when faculty members hold a minority view within their discipline and when others in and beyond the institution find their views contrary or objectionable.

We believe that viewpoint diversity and debate are essential to a UT education.

A true university education is one in which students hear, study, and discuss ideas that challenge their thinking and encourage them to consider points of view different from their own. Students should expect to hear ideas that make them uncomfortable, should be able to explain and master concepts they disagree with, and should feel free to take opposing views as part of civil academic discourse.  We remind all members of the campus community that the Campus Free Speech Protection Act—signed into state law in 2017—applies to everyone. The act endorses the fundamental responsibility of the university by defining what we are not to do: “It is not the proper role of an institution to attempt to shield individuals from free speech, including ideas and opinions they find offensive, unwise, immoral, indecent, disagreeable, conservative, liberal, traditional, radical, or wrong-headed.” These principles are recognized in the Board of Trustees Policy Affirming Principles of Free Speech for Students and Faculty (BT0010). At the beginning of each academic year, we remind the campus community of the importance of fulfilling the letter and spirit of this act.

We are committed to diversity and engagement.

The issues of diversity and divisive concepts as defined in the legislation have been widely conflated; they are not the same. We do not mandate or promote any single ideology; rather, we promote diversity on our campus (including viewpoint diversity) because it has educational benefits for all even as it creates a campus where all can succeed. We support diversity work to make sure everyone in our campus community knows they matter and belong.

We want a culture of respect and open dialogue on campus.

We ask every member of our campus community—faculty, staff, and students—to show respect for one another when they discuss ideas and opinions that are different from their own.

 


Summary of Legislative Process

2022 Legislative Session

The Tennessee General Assembly passed the Senate version of the bill, SB2290, on March 28, 2022. Prescriptive language on investigations and language suggesting disciplinary actions for violations, which were included in previous versions of the legislation, were removed in the final version. The law went into effect on April 8, 2022 when the governor signed the bill.

View the Public Chapter.

2023 Legislative Session

On April 14, 2023, an amended version of Senate Bill SB0817 passed that includes additional provisions to the state law. University leadership secured the removal of multiple requirements from the original bill. The measure was signed into law by Governor Bill Lee with an effective date of July 1, 2023.

View the Public Chapter.

The amended version of SB0817 does not change the state law’s recognition of academic freedom and First Amendment protections, state and federal requirements to train students and employees on nondiscrimination, need to maintain compliance with academic accreditation standards, or the acknowledgement that classroom instruction is not mandatory training. SB0817 does not prevent the university’s diversity work from continuing.

2024 Legislative Session

On April 11, 2024, Senate Bill SB2501 passed that requires “timely” investigations and subsequent reporting for an alleged violation of the Divisive Concepts statute.

View the Public Chapter

University leadership has worked to secure and maintain critical exemptions to the law.

  • The legislation recognizes academic freedom and First Amendment rights, particularly freedom of speech.
  • The legislation recognizes the state and federal requirements to train students and employees on nondiscrimination.
  • The legislation recognizes the need to maintain compliance with academic accreditation standards.
  • The legislation recognizes that the university’s access and engagement work can continue.

Legislators have stated numerous times on the record that the intent of the legislation is not to impact the teaching, debate, or discussion of any topic.


Responses to Legislation

In response to the legislation, the university is taking the following actions:

  • Because the legislation prohibits mandatory trainings around the list of divisive concepts as it defines them, university mandatory training was reviewed for compliance. The institution developed guidance on mandatory training moving forward.
Review further guidance on mandatory training.
  • The university is complying with portions of the legislation that set requirements for surveys and reports.
  • The legislation prohibits the university from using state-appropriated funds to incentivize, beyond payment of regular salary or other regular compensation, a faculty member to incorporate one or more concepts the legislation identifies as divisive into an academic curriculum.
  • The university is following requirements that public higher education institutions shall not require an applicant for employment or admission to submit a personal diversity statement or to affirm the applicant’s agreement with an institutional diversity statement as part of the application or admissions process. UTK departments will need to ensure diversity statements are not required of applicants.
  • The legislation includes requirements on notifying students and employees of the state law and providing non-mandatory training to employees about the law. Notification and training are managed through existing channels and resources.
  • UT System Audit and Compliance includes contacts to report concerns on divisive concepts and on additional topics.

Legal Protection for Employees

The legislation does not create the basis for any new legal claims against university employees. It recognizes existing legal rights that a student or employee may have, such as the right to bring a claim if they believe their First Amendment rights have been violated.

Generally, when individuals are sued in their official capacity as university employees for acts or omissions within the scope of employment, the Office of the General Counsel represents the individual and any judgment or settlement is paid out of university funds or other state funds. However, employees may have personal liability if they have acted willfully, maliciously, or criminally, or if their acts or omissions were done for personal gain. Although the Tennessee attorney general makes the decision on whether university employees may be represented, the Office of the General Counsel is usually granted authority to represent an employee. Campus leadership will request that the Office of the General Counsel take all reasonable steps to seek this authority in the event an employee is sued in their official capacity with regard to this legislation.

More information is available at counsel.tennessee.edu/liability.


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Syllabus statement resource

As noted, the state legislation that defines what it terms divisive concepts recognizes academic freedom and First Amendment rights, particularly freedom of speech. In addition, legislators have stated numerous times on the record that the intent of the legislation is not to impact the teaching, debate, or discussion of any topic. As an additional resource for faculty who would like language on their syllabus that addresses civil academic discourse, the following statement is recommended.

Civil Discourse

A true university education is one in which students hear, study, and discuss ideas that challenge their thinking and encourage them to consider points of view different from their own. Students should expect to hear ideas that make them uncomfortable, should be able to explain and master concepts they disagree with, and should feel free to take opposing views as part of civil academic discourse.  We remind all members of the campus community that the Campus Free Speech Protection Act—signed into state law in 2017—applies to everyone. The act endorses the fundamental responsibility of the university by defining what we are not to do: “It is not the proper role of an institution to attempt to shield individuals from free speech, including ideas and opinions they find offensive, unwise, immoral, indecent, disagreeable, conservative, liberal, traditional, radical, or wrong-headed.” These principles are recognized in the Board of Trustees Policy Affirming Principles of Free Speech for Students and Faculty (BT0010)