Board of Trustees approves first reading of proposed policy, adopts new policy

CONTACT: John Sewell, Mississippi Institutions of Higher Learning

JACKSON, Miss.— The Board of Trustees of Mississippi Institutions of Higher Learning today considered two new policies related to HB1193 and compliance with this new state law. Discussion of the policies was held during an Executive Session of the Board.

The first policy, titled “Non-Discrimination,” is intended to reiterate IHL’s position that employment, academic opportunities, and student engagement are based solely on individual merit, qualifications, and academic performance, without consideration of an individual’s race, sex, color, national origin, or expressed opposition to, or refusal to affirm or participate in, diversity, equity, and inclusion as defined by state law. The Board approved the first reading of this proposed policy.

The second policy, titled “Academic Responsibility,” is intended to reiterate IHL’s commitment to an education environment that promotes learning and the transmission of knowledge free from any requirements to exhibit or maintain a specified ideology, viewpoint, or political perspective and without providing advantages or disadvantages for holding or professing a specified ideology, viewpoint, or political perspective. The Board waived the requirement for a first reading of this proposed policy and voted for final adoption of the policy effective today.

Full language of the policies is provided on the following pages.  

102.06 Non-Discrimination (Approved by Board for First Reading)

As required by applicable law and in order to ensure that employment, academic opportunities, and student engagement are based solely on individual merit, qualifications, and academic performance, without consideration of an individual’s race, sex, color, national origin, or expressed opposition to, or refusal to affirm or participate in, diversity, equity, and inclusion as defined by state law, institutions:

A. shall not give preference based on race, sex, color, or national origin to an applicant for employment or when awarding a contract at the institution.

B. shall not penalize or discriminate against a student, employee, faculty, staff, or contractor on the basis of his or her refusal to support, believe, endorse, embrace, confess, act upon or otherwise assent to a diversity, equity or inclusion concept.

C. shall not require, request, or consider diversity statements, as defined by state law, from job applicants as a part of the hiring, contract renewal, evaluation, or promotion process.

D. shall not establish or maintain a diversity, equity, and inclusion office as defined by state law.

E. shall not hire or assign faculty, staff, or employees, or contract with a third party, to perform the duties of a diversity, equity, and inclusion office as defined by state law.

F. shall not require as a condition of enrolling at, accepting employment with, or being awarded a contract at an institution, or as a requirement of continuing enrollment, employment, or contractual obligation at an institution, any person to participate in diversity, equity, and inclusion training as defined by state law.

102.07 Academic Responsibility (Adopted by Board and Effective Immediately)

As a public system of higher education, IHL is committed to providing an environment that promotes learning, academic freedom, and the transmission of knowledge free from any requirements to exhibit or maintain a specified ideology, viewpoint, or political perspective and without providing advantages or disadvantages to individuals for holding or professing a specified ideology viewpoint, or political perspective.  In alignment with state law, IHL articulates the following principles applicable to all IHL institutions.

1. Inquiry and Expression

Our faculty, students, and staff possess the freedom to explore, discuss, challenge, and disseminate ideas across the spectrum of thought. This freedom is essential to our educational mission and democratic society.

2. Merit and Qualifications

We do not require and will not consider any political or ideological statements, including those related to diversity, equity, and inclusion, as conditions for academic promotion or admission. This ensures that individuals are evaluated based on merit and qualifications.

3. Protection Against Compelled Speech and Censorship

In accordance with constitutional law as well as institutional and IHL policy, free speech is respected and protected. We protect members of our community from being compelled to express beliefs they do not hold. This includes refraining from imposing mandatory statements or training that operate as ideological litmus tests.

4. Curriculum

Faculty and institutions maintain autonomy to design curriculum content provided content adheres to high academic standards, standards and current understandings within disciplines, accreditation guidelines, IHL policy, and institutional policy. An institution’s curriculum should reflect a commitment to academic rigor and depth, interdisciplinary opportunities, student demand and ability, competence development, and workforce preparedness. Institutions should undertake a regular review of academic programs, including majors, minors, concentrations, and courses, to ensure their continued academic merit, relevance, effectiveness, and alignment with institutional goals.

5. Research and Instruction

Our faculty are entitled to freedom in scholarly research and in the publication of results. Faculty are entitled to freedom in the classroom in discussing their subject, but they should be careful not to introduce into their teaching controversial matters or divisive concepts which have no relation to their subject. The rights of faculty to speak outside the classroom are largely governed by their constitutional rights rather than their rights under academic freedom. Faculty are individuals, members of a learned profession, and officers of a public educational institution. When they speak or write as individuals, they should be free from institutional censorship or discipline, but their special position in the community imposes special obligations. As scholars and educational officers, they should remember that the public may judge their profession and their institution by their utterances. Hence, they should at all times be accurate, should exercise appropriate restraint, should show respect for the opinions of others, and should make every effort to indicate that they are not speaking for the institution. Unlawful, unethical, or other inappropriate conduct and breach of academic standards by faculty are subject to institutional review pursuant to institutional and IHL policies.