Divisive Concepts Legislation

Divisive Concepts Legislation: Resources and Information

In response to the Divisive Concepts legislation, this website is designed to update the campus community about the legislation, provide resources, and affirm the University’s commitment to our core values.

Summary of Legislation

During the 2023 legislative session the Tennessee General Assembly enacted Public Chapter 268 to amend Tennessee Code, sections 49-7-1901 through 49-7-1908 (2022). Public Chapter 268, section 49-7-1902 defines divisive concepts, while sections 49-7-1903 (2023) through 49-7-1908 (2023) place restrictions on colleges and universities. The amended law goes into effect on July 1, 2023. The University remains committed to its core values and to the values of the academy that protect academic freedom as necessary for the creation, distribution, and application of knowledge.

ETSU CORE VALUES

ETSU continues to be guided by its core values.

"In every respect, PEOPLE come first, are treated with dignity and respect, and are encouraged to achieve their full potential." Reaching full potential includes safeguarding First Amendment rights and academic freedom. Academic freedom allows university faculty to responsibly engage in professional and community service, teach students to engage with empirically-sound information, and conduct ethical and important research. The legislation asserts that the law should not be interpreted to infringe upon the rights of freedom of speech or academic freedom. ETSU, as an institution devoted to regional stewardship, upholds practices, policies, and programs designed to serve the common good. As the AAUP principles indicate, “the common good depends upon the free search for truth and its free exposition.”

Our values statement continues, "RELATIONSHIPS are built on honesty, integrity, and trust; DIVERSITY of people and thought is respected." These values guide the work of the institution. All people deserve respect and dignity and the academy is enriched by exposure to different ideas, people, cultures, thought and practice. The law does not prohibit the work the Office of Equity and Inclusion is leading to build a university culture of inclusion and belonging for people from all backgrounds. Our accreditors and our employers require that our students learn to appreciate the ideas and cultures of others while approaching their own beliefs with inquiry and humility. Nothing in the law changes the university’s commitment to these values.

  • How will the Legislation affect the University’s current initiatives?
    The University will continue to work to recruit and retain a greater number of students, faculty, and administrators from underrepresented populations–including low-income, first-generation, minority populations, veterans and military-affiliated, rural students, and students with different abilities/disabilities. Many colleges and administrative units on campus, including the Provost’s Office, Student Life and Enrollment, Equity and Inclusion and Human Resources, are also working to help the University achieve its access mission
  • What actions does the legislation require the University to take?

    The actions the University must take in response to the legislation are discussed below.

    Reporting – the new law requires universities to investigate reports of violations of the Divisive Concepts Law (TCA 49-7-1903), remedy any violations, and adhere to reporting requirements to the comptroller of the treasury as outlined in TCA 49-7-1903 . The Office of University Counsel and the Office of University Compliance will take on this new responsibility.

    University Property – the law requires the University to be neutral when approving and scheduling use of University property. The University currently takes a neutral approach for scheduling events. 

    Fees and Access – the University is prohibited from requiring a student group to pay fees or security deposits not charged to all other student groups. The University is also prohibited from denying a student group access to its property if the property is used by other student groups. The University currently complies with this principle under the Campus Free Speech Protection Act.

    Hiring and Admissions – the University is prohibited from requiring an applicant for employment or admission to submit a personal diversity statement. The University will ensure that diversity statements are removed from any hiring and admissions requirements.

    State Funds – the University is prohibited from using state funds for fees, dues, subscriptions, or travel associated with memberships, meetings, or activities of an organization that requires an individual, or the individuals employer, to endorse or promote a divisive concept. The institution does not use state funds for such organizations nor is the institution aware of organizations that require endorsement of a divisive concept.

    DEI Faculty and Staff – any University employee who has diversity, equity, or inclusion in their job title must also work to strengthen intellectual diversity and promote free and respectful exchange of ideas as well as support student academic achievement and workforce readiness of all students through mentoring, career readiness support, workforce development, or related activities. The Office of University Compliance is exempt. The University must also submit a report to the University’s President demonstrating compliance with these requirements. Moving forward, the Office of Equity and Inclusion will draft an annual report for the University’s President and the University. All faculty and staff work to promote free and respectful exchange of ideas that support student academic achievement as well as workforce and career readiness.

    Notification – the University is required to notify students and employees of the definition of Divisive Concepts and the restrictions in the Divisive Concepts law on the institution’s website and in introductory materials provided to new students and employees.

    Training – the University is required to provide training to employees to ensure compliance with this law. Training may be found here. The Office of University Counsel, University Compliance, and Human Resources are also available to provide training. Additionally, the Office of the Provost can assist faculty who have questions about teaching and research.


  • Some of my course content requires students to engage with concepts the bill describes as divisive. Do I have to make changes to my course?
    No, Tennessee Code, section 49-7-1907, discusses the role of public institutions of higher education in fostering expression and inquiry afforded by an individual’s liberties established in our nation’s founding documents. Tennessee Code, section 49-7-1906 protects the academic freedom of faculty thereby allowing faculty to determine the appropriate content and delivery of their courses. This section of the bill also recognizes and upholds the right of faculty to engage with content defined as divisive for the purposes of program, college, or regional accreditation. The University will continue to support academic freedom as allowed by the legislation.
  • Who do I contact if I want to learn more about legal protection for employees?
    The legislation enacted does not create a basis for any new legal claims against University employees. The Office of University Counsel continues to provide legal advice, assistance, and when necessary, representation to all employees acting within the scope of their official duties. For questions about legal interpretations of this new law, please contact the Office of University Counsel.