DEI stands for diversity, equity, and inclusion. Diversity, Equity, and Inclusion, as defined by SB 17 and System Regulation 08.01, means engaging in any of the following actions:

1. Influencing hiring or employment practices with respect to race, sex, color, or ethnicity, other than through the use of equal opportunity;
2. Promoting differential treatment of or providing special benefits to individuals;
3. Promoting policies or procedures about race, color, or ethnicity, except as expressly authorized by OGC in accordance with state law; or
4. Conducting trainings, programs, or activities about race, color, ethnicity, gender identity, or sexual orientation, other than those expressly authorized by OGC in accordance with state law.

No. Under SB 17 and System Regulation 08.01, an institution may not operate an office that engages in the practices listed above.

The SB 17 prohibition applies when hiring an outside group to run or support DEI activities on behalf of the university. SB 17 does not allow a university to hire contractors to conduct DEI programs or activities on behalf of the university to avoid the new prohibitions. However, SB 17 does not apply to the internal operations or programs of our contractors.

No. DEI information should not be on university websites, including but not limited to the acronym, DEI, or the phrase “diversity, equity, and inclusion.” Such prohibited information would be that which promotes the differential treatment of or special benefits to certain individuals or groups.

Yes, if the organization is committed to non-discrimination, is open to all individuals and communicates an all-inclusive message appropriately. The name of the organization does not necessarily constitute a problem under SB 17. It is the activity of an organization that should be the focus when deciding whether to feature content on university websites. For example, if an unaffiliated third-party organization offers several scholarship opportunities, and one of those opportunities impermissibly favors one race over another, a direct reference to that particular scholarship opportunity cannot be on a university website nor may the university provide any support for the administration of that scholarship. This is prudent not only under SB 17, but under the anti-discrimination requirements of Title VI and the Equal Protection Clause of the 14th Amendment. An example of an appropriate all-inclusive message for an organization whose name may suggest otherwise is as follows: “This program welcomes everyone regardless of age, color, disability, ethnicity, sex, gender identity, gender expression, genetic information, marital status, national origin, race, religion, sexual orientation, or veteran status. Our program provides learning opportunities to all participants.”

No. Under SB 17, a university can neither compel, require, induce, or solicit a person to provide a DEI statement nor can it give preferential consideration to a person based on the provision of a DEI statement.

No. Hiring (selecting a particular qualified applicant for a position) must be conducted in accordance with system and university policy which has always been, and continues to be, that faculty members are hired based on merit. Merit can include notable scholarship on a particular topic, awarded grants, education, and experience. As noted above, SB 17, as well as the Chancellor, has stated the System cannot “compel, require, induce or solicit any person to provide a diversity, equity, and inclusion statement, or give preferential consideration to any person, based on the provision of a diversity, equity, and inclusion statement.” TAMUS should continue to hire on merit. However, we can take actions to recruit a diverse pool of applicants from which to select the best qualified person for the position, consistent with federal requirements, such as Executive Order 11246. Applicant pools should be as diverse as possible to hire the best applicants. Advertising jobs in non-traditional outlets/sources is encouraged.

Yes, events or programs that support diversity in a general way are not affected by SB 17 as long as they do not promote preferential treatment of any particular group and are open to everyone. Examples include, but are not limited to, events or programs with themes of promoting a welcoming climate, ensuring curricular alignment, and cultural competency.

No. SB 17 prohibits a university from conducting programs or activities that promote certain legally protected individuals and groups, such as those of a specific race, color, ethnicity, or sexual orientation. However, certain exemptions may apply such as efforts for student recruitment, guest speakers, or performers on short term engagement. There may also be an exception for certain events focused on faculty research or scholarship given the stated exceptions in SB 17.

Yes, as long as these events or programs are open to everyone who wants to participate. The Offices of Student Affairs and Student Success would be appropriate hosts of such events or programs, but they must not show preference for any one group over another. The emphasis must be on history and culture. Attendance at such events cannot be mandatory for students or employees.

If a student organization that is registered with or recognized by a member wants to host a multicultural event or program, even one that may include DEI elements, it can do so because student organizations are exempted from the limitations of SB 17. Guest speakers and performers on short-term engagements are also exempt from SB 17.

Yes. SB 17 does not prevent leadership from recognizing the existence, history, and/or importance of such a celebration. However, caution should be taken to avoid differential treatment of campus community members on the basis of race, color, or ethnicity.

Yes, subject to certain conditions. The mere name of an event or program does not indicate a violation of SB 17. However, engagement in DEI activities, as defined by the bill, such as promoting differential treatment of or providing special benefits to certain persons or groups does. Therefore, as with multicultural events, university events or programs that focus on specific groups should be open to everyone. And all groups should be evaluated and provided with university support (e.g. funding and access to facilities) according to the same objective standards in determining whether or not the event or program can take place.

Yes, as long as the university treats all such groups equally. And as with students, these faculty and staff groups must be open to everyone and any university support for such groups must be consistent with the support the university provides to other faculty and staff groups. For example, the university may support a faculty group called, “Women Leaders in Business” if it permits membership of all gender types, even if the group’s primary purpose is to provide career and leadership training for women. And any benefits offered through this group by the university, such as free memberships or travel expenses, would have to be available to all, not just females.

Yes, but to the extent the university engages with stakeholders, such as alumni networking groups, it must avoid showing preference for one over the other. If a university website references alumni groups, providing a link to the Texas A&M Hispanic Network would be permissible as would links to other specific alumni groups as long as A&M was not providing benefits, such as scholarships, to those groups that are closed to a specific ethnicity, race, nation of origin, gender or sexual orientation.

Yes. Outside groups should be provided access to facilities in accordance with the university’s established criteria for facility use, including the standard reservation process and fee schedule. Denying facility access to such a group based on their viewpoint or identity driven purpose would violate state and federal law.

Yes. SB 17 does not prohibit an institution from supporting third-party academic or professional conferences or programs at locations away from campus. For example, a university may be a sponsor for an out-of-state conference that focuses on an appropriate academic topic but includes DEI programming of a limited nature without violating SB 17. However, if an institution were to make attendance at such a conference mandatory, it would violate SB 17.

Yes. As noted earlier, student organizations are exempted from SB 17. Moreover, if a student organization seeks funding for travel or attendance to an unaffiliated, third-party conference that promotes its organizational mission, it should not be denied support because of the content or viewpoint of the program, assuming other similarly situated student organizations would receive the same support. The same rationale would apply to an individual student seeking university support for professional development off campus.

No. SB 17 expressly exempts student organizations from its restrictions. Moreover, Section 51.9315 of the Texas Education Code bars universities from denying a student organization any benefit that is generally available to student organizations, if the denial is based on the organization’s political, philosophical, ideological, or academic viewpoint or content. This statute was enacted in 2019 through SB 18 regarding free speech on public university campuses in Texas.

No. A university cannot deny a student organization generally available funding, regardless of its source. Section 51.9315 defines “benefit” as including “funding sources made generally available to student organizations at an institution of higher education.” If state funds are used in a neutral fashion to support other student organizations, the university cannot deny funding to the student organization because of its DEI work. And of course, SB 17 expressly exempts student organizations from its restrictions.

No. SB 17 expressly exempts student organizations from its restrictions as well as short-term speakers. Moreover, 51.9315 also defines “benefit” to include the use of facilities for meetings or speaking purposes. It also requires only content and viewpoint neutral criteria for approving speakers.

Yes. Identity-driven organizations must be treated the same as non-identity driven organizations. Neutral funding open to all organizations must be made available, as well as access to facilities. Denying neutral funding and facility access would violate state and federal law as content or viewpoint discrimination.

Yes, as long as they do not receive special funding/compensation for providing this service that other advisors would not receive for advising non-identity driven organizations.

Yes, as long as they are not given preferential treatment because of their identity components. For example, an engineering program would be compliant with SB 17 if it listed all student organizations that are relevant to engineering students. To deny this neutrally available “benefit” would be in violation of state law governing expressive activity on campus.

Yes. SB 17 does not apply to academic course instruction, scholarly research or creative work by an institution of higher education’s students, faculty, or other research personnel or the dissemination of that research work. System policy recognizes a faculty member’s freedom in the classroom provided that comments are appropriate for and relevant to the classroom subject and are subject to the faculty member’s responsibility to maintain and exhibit professional competence in the classroom, to demonstrate professionalism, and to show respect for their students.

A professor may, on their own syllabus, use a statement relating to DEI if it pertains to academic course instruction. However, such statements must not indicate an intention to treat students differently or in a preferential manner on the basis of their race, sex, color, ethnicity, or national origin.

Yes. SB 17 specifically exempts research, data collection, and guest speakers on a particular topic.

Yes. University assistance in obtaining career opportunities, including fellowships or internships, is exempt from SB 17, if the university assistance is designed and implemented without regard to the race, sex, color, or ethnicity of the student. Career centers, as well as student success resources, must be available to all students, regardless of their particular career choice. For example, a political science student applying for a fellowship with the NAACP, may seek assistance from the career center as long as that assistance is available to all students, regardless of their race, sex, color, or ethnicity.

Yes, SB 17 does not prohibit staff or employees from writing letters of recommendation for graduate or undergraduate students. For example, a letter of recommendation for a summer internship with the NAACP would be permitted.

As part of applying for a grant for research or academic work, a university faculty or staff member can detail the institution’s support of first-generation, low- income, or underserved student populations. Also, the faculty or staff member may certify compliance with state and federal non-discrimination laws as part of the application. Note, however, that this provision in SB 17 does not authorize a grant to perform DEI work that does not constitute academic course instruction, scholarly research or a creative work, data collection, or another activity specifically exempted by SB 17 as discussed in this document. A grant cannot be sought to establish an entity within the university to perform DEI work (for example set up a DEI office) as defined by the statute.

Student scholarships are not affected by SB 17 if they are awarded and administered by a System university without regard to race, sex, color, ethnicity, or national origin, and if a DEI statement is not required or considered as part of the application. However, if a scholarship is closed to a specific race, color, ethnicity, nation of origin, sex, gender identity, or sexual orientation, a System university cannot support the efforts under SB 17, federal law, and System policy. If an entity separate from the university offers a closed scholarship that is prohibited by SB 17, System policy, or federal law, the System university may not participate in any manner in the award or implementation of the scholarship. Further, such “closed scholarships” offered by external groups cannot be specifically advertised on System websites and should be removed if identified.

Yes. SB 17 specifically exempts research and data collection.

Yes. SB 17 specifically exempts research and data collection.

Yes

Yes

No. Another law, recently passed Senate Bill 15, reinforces the existence of single sex teams. Federal law, including Title IX, specifically permits separation of teams by sex. Moreover, Title IX already requires equitable treatment of student- athletes regardless of sex.

It depends. Senate Bill 17 prohibits institutions from requiring employees to attend trainings designed or implemented in reference to race, color, ethnicity, gender identity, or sexual orientation, unless the training is required under federal or state law. This prohibition applies to university-led trainings and those offered by third parties.

On the other hand, voluntary training through third parties may be permissible for the professional development of individual employees. An employee who seeks institutional support, such as cost of attendance, must articulate a direct professional connection between the third-party training and the employee’s job responsibilities. Institutions should not contract directly with DEI programmers for voluntary or mandatory training on campus as that would constitute an impermissible outsourcing of DEI work.

It depends. SB 17 does not preclude support for continuing education or engaging with professional associations or conferences. However, the university should have a neutral basis for providing such funding that does not consider DEI as a factor in providing the funds. Institutional leadership cannot compel attendance at DEI programs nor outsource DEI work.

Yes. Nothing in SB 17 limits faculty or staff members’ ability to conduct such work on their personal time if the work complies with other limitations on outside work, such as conflict of interest or other ethical limitations.

Yes. If the work is within the faculty member’s subject matter expertise or scope of scholarly work. SB 17 provides an exception for scholarly research.

Yes, if the preference is legitimately connected to the position description and essential to the job duties and responsibilities and not as a pretext for a racial or ethnic preference.

A university should not operate or maintain an office that provides programs and activities for a specific group of students based on race, religion, color, ethnicity, sex, gender identity, or sexual orientation. As examples, offices that are focused on African American, Hispanic or LGBTQ students likely violate SB 17. Even though offices solely dedicated to LGBTQ students will need to be restructured, programs supporting the LGBTQ community may be incorporated into a broader student success and multicultural framework.

Also, while SB 17 prohibits institutions from “assigning” or “hiring” an employee to conduct “programs or activities” that are “designed or implemented in reference to. . . gender identity, or sexual orientation,” the bill exempts programs needed for effective compliance with federal or state law.

Current federal guidance¹ states that discrimination on the basis of sexual orientation or gender identity constitutes a violation of Title IX. This means that institutions have an affirmative duty to prevent and address such discrimination or risk the following: (1) investigation from the Office for Civil Rights at the Department of Education, which could result in loss of federal funding, and/or (2) a civil rights lawsuit. Moreover, the new Title IX regulations, which are anticipated to be finalized in October 2023, explicitly define sex discrimination to include discrimination based on gender identity and sexual orientation. In addition to federal law, Section 51.282 of the Texas Education Code requires institutions to “develop and implement a comprehensive prevention and outreach program on sexual harassment.”

To the extent that programming previously provided by these offices support compliance with Title IX as well as Section 51.282, such as by eliminating disparate treatment or preventing a hostile environment against the groups in question, they should be maintained. This does not mean that all programming previously supported fits this exception. Such programming should be reviewed by the federally mandated Title IX officer or their designee(s) in order to ensure its positive impact on Title IX and related state law compliance. This may require moving resources and employees with relevant expertise under the supervision or coordination of the Title IX office or its equivalent. Programming provided under the exception should be focused on supporting the A&M System’s commitment to anti-discrimination and eliminating barriers to success.

Resources supporting the academic success of members of the LGBTQ community should be migrated to offices with a broader focus on student success for all students, such as an academic center or multicultural center.

In the case of libraries related to the LGBTQ community, SB 17 does not prohibit the maintenance of such collections. However, they should be migrated to the Title IX Office, the university library, or into a broader multicultural center marketed to all students as appropriate.

¹ https://www.ed.gov/news/press-releases/us-department-education-confirms-title-ix-protects-students- discrimination-based-sexual-orientation-and-gender-identity

Yes. Student Organizations are exempt from the limitations of SB 17. As such, student organizations may host programs and initiatives supporting the LGBTQ community, including programs discussing sexual orientation or gender identity.

Yes. Nothing in SB 17 affects the ability to ask for or use preferred pronouns. However, institutions should not require students or employees to attend training on the use of preferred pronouns or provide preferential treatment based on pronouns preferred by a student or employee.