What is a divisive concept?

As it relates to Senate Bill 2247, a divisive concept means that:

• One race or sex is inherently superior or inferior to another race or sex

• An individual, by virtue of the individual's race or sex, is inherently privileged, racist, sexist, or oppressive, whether consciously or subconsciously

• An individual should be discriminated against or receive adverse treatment because of the individual's race or sex

• An individual's moral character is determined by the individual's race or sex

• An individual, by virtue of the individual's race or sex, bears responsibility for an action committed in the past by other members of the same race or sex

• An individual should feel discomfort, guilt, anguish, or another form of psychological distress solely because of the individual's race or sex

• A meritocracy is inherently racist or sexist, or designed by a particular race or sex to oppress another race or sex

• This state or the United States is fundamentally or irredeemably racist or sexist

• Promotes or advocates the violent overthrow of the United States government

• Promotes division between, or resentment of, a race, sex, religion, creed, nonviolent political affiliation, social class, or class of people

• Ascribes a character trait, value, moral or ethical code, privilege, or belief to a race or sex, or to an individual because of the individual's race or sex

• The rule of law does not exist, but instead is a series of power relationships and struggles among racial or other groups

• All Americans are not created equal and are not endowed by their creator with certain unalienable rights, including life, liberty, and the pursuit of happiness

• Governments should deny to any person within the government's jurisdiction the equal protection of the law

• Includes race or sex stereotyping or scapegoating
  
  Read the amended bill.

What will this bill do?

• Protects students and employees at a college or university from being discriminated against due to their refusal to support, believe, endorse, embrace, confess, or act upon a divisive concept.

• Protects students and employees from being required to endorse a specific ideology or political viewpoint in order to be eligible for a job position, tenure, promotion, or graduation.

• Prohibits an institution under the control of the state board of higher education from asking the ideological or political viewpoint of a student, job applicant, job candidate, or candidate for promotion or tenure.

• Provides equitable or legal remedies for an individual who believes a violation of this section has occurred

• Prohibits colleges and universities from:

  • Conducting mandatory training of a student or employee if the training includes a divisive concept.

  • Using a training program or training materials for a student or employee if the program or material includes a divisive concept.

  • Using funds appropriated by the state to incentivize, beyond payment of regular salary or other regular compensation, a faculty member to incorporate a divisive concept into academic curriculum.

• If an institution under the control of the state board of higher education employs an individual whose primary duties include diversity, the duties of that employee also must include efforts to strengthen and increase intellectual diversity among students and faculty of the institution at which the individual is employed.

• Require each institution under the control of the state board of higher education to:

  • Conduct a biennial survey of the institution's students and employees to assess the campus climate regarding diversity of thought and the respondents' comfort level in speaking freely on campus, regardless of political affiliation or ideology.

  • Publish the survey's results on the institution's website.

  • Report the survey's results to an interim committee designated by the legislative management

Why is this bill needed?

• The average American university has more than 45 individuals with jobs devoted to promoting so-called diversity, equity, and inclusion programs that actively push divisive concepts.

• A 2021 study suggests that the increase in DEI programs appear to make little positive contribution to campus climate, and instead it’s more likely that the surge in diversity, equity, and inclusion personnel “may be better understood as a signal of adherence to ideological, political, and activist goals.”

• DEI programs push distorted narratives about American history as well as divisive identity policies that have led to the firings of professors and discrimination of conservative college students.

• North Dakota State University and University of North Dakota claim to provide an inclusive environment, but it is imperative to understand exactly what is meant by ‘diversity, equity, and inclusion’ because these terms do not mean what they seem to mean. DEI must be understood in its correct context which is through the lens of Critical Social Justice ideology.

• Read NDCAN Executive Director’s testimony in support of SB 2247.

What is the current status of the bill?

SB 2247 was signed into law on April 24th, 2023.