Tennessee Divisive Concepts Act

As MTSU works to comply with the new Tennessee Divisive Concepts Act, we remain committed to creating a welcoming and supportive environment for all of our students, faculty, and staff. We recognize that the diversity represented within our community makes us stronger and enhances the educational experience for all.

We are aware that concerns have been raised about the law’s implications. It defines and bans divisive concepts, which include race or sex stereotyping or scapegoating, and prohibits the indoctrination of a particular ideology or political viewpoint. The law also prohibits mandatory training that includes one or more of the defined divisive concepts.

One concern voiced is about how it impacts the classroom. The law specifically states that it does not infringe on academic freedom and free speech, two core elements to a vibrant academic environment, or our ability to comply with academic accreditation requirements. As such, the law does not affect the capacity for faculty to lead the dissemination of knowledge in the classroom. In addition, we will continue to protect faculty’s ability to freely engage in teaching, research, scholarship, and creative activity.

Another concern is about the future of our training. We will maintain our training on non-discrimination, equal opportunity, and diversity, equity, and inclusion. We do not anticipate any changes in our current practices other than to ensure that our trainings comply with the law. Respect for diversity, which acknowledges our vast cultures and ways of thinking, remains one of our core community standards.

We want to assure you that MTSU will continue to provide a variety of activities and programs that will provide opportunities for us to share in the cultures, faiths, customs, and traditions that are important parts of all our backgrounds. We will continue to advance our campus as a marketplace of ideas that celebrates the richness of the wide variety of cultures and life experiences reflected in the MTSU community. We are a community of inquiry, not indoctrination, and campus conversations on these topics will enhance our understanding of the proper role of free expression in our society.

Thank you for working to make MTSU a community devoted to learning, growth, and service.

Divisive Concept and Freedom of Expression Guidance

Public Chapter No. 818 (the “Divisive Concepts Act” or the “Act”) was passed by the General Assembly and signed by Governor Lee effective April 8, 2022. Tenn. Code Ann. §§ 49-7-1901-1908. The Act is intended to prohibit Tennessee public institutions of higher education from taking certain actions with regard to divisive concepts and the ideologies or political viewpoints of students and employees. It also addresses mandatory training that includes divisive concepts as defined in the law. This webpage is designed to provide guidance and clarification as to the Act’s scope.

While there has been extensive discussion of the Act’s impact on training and the ability to discuss diversity, equity, and inclusion (“DEI”) topics in the classroom, it is important to highlight significant carve-outs and limitations to its scope. In part, the Act specifically states that it shall not be interpreted to:

  • infringe on faculty’s right of academic freedom
  • infringe on the First Amendment right to freedom of speech
  • require action contrary to any state or federal law or any academic accreditation standards
  • prohibit training students or employees on state and federal non-discrimination laws
  • limit the university’s diversity, equity, and inclusion (“DEI”) work so long as such efforts are consistent with the Act

As such, the Act preserves academic freedom and other First Amendment rights. It does not prohibit the teaching of a subject matter, nor does it mandate the teaching of any subject matter. In other words, it does not impact the content or conduct of any course of academic instruction. Likewise, the Act does not alter or amend any provision of the following: