Definitions

Miss. Code Ann. § 37-191-3, under DEI Statements and Policies.

Miss. Code Ann. § 37-191-3

(1) As used in this chapter, the following terms shall have the meanings ascribed herein unless the context clearly requires otherwise:(a) “Diversity, equity and inclusion” shall mean:(i) Any effort to select or influence the composition of the faculty, staff, employee or student body by favoring applicants based on race, sex, color or national origin;(ii) Any effort to promote differential treatment of or provide special benefits to individuals in employment or admissions based on race, sex, color or national origin;(iii) Any effort to promote or promulgate policies and procedures designed or implemented to favor individuals based on race, color or national origin, except as otherwise permitted in state and federal law;(iv) Any effort to require trainings, programming, or activities designed and\or implemented to compel participants to change their beliefs with reference to race, color, national origin, gender identity or sexual orientation; and(b) “Diversity, equity and inclusion office” means an office, division or other unit of an institution of higher learning, community college or public school established for the purpose of:(i) Promoting hiring decisions or employment practices at the institution, college or public school that favor individuals based on race, sex, color or national origin;(ii) Promoting differential treatment of or providing special benefits to favor individuals in admissions and hiring based on race, sex, color or national origin; or(iii) Promoting policies or procedures or conducting trainings, programs, or activities designed or implemented to favor individuals based on race, sex, color or national origin, other than policies or procedures approved in writing by the institution, college or public school’s legal counsel for the sole purpose of ensuring compliance with any applicable formal final finding of the court.(c) “Diversity statement” means a written statement or essay that requires an individual to express their views or commitment regarding issues related to race, sex, color, national origin, gender identity, sexual orientation, or national origin.(d) “Diversity training” means any formal or informal education, seminars, workshops or institutional program that focus on increasing awareness or understanding of issues related to race, sex, color, gender identity, sexual orientation or national origin.(e) “Divisive concepts” are concepts that:(i) One (1) race, sex, color, or national origin is inherently superior to another race or sex;(ii) An individual, by virtue of his or her race, sex, color, national origin, is inherently racist, sexist, or oppressive, whether consciously or unconsciously;(iii) An individual should be discriminated against or treated adversely solely because of their race, sex, color, or national origin;(iv) Members of one (1) race, one (1) sex, one (1) color, one (1) national origin cannot and should not attempt to treat others without respect to race, color, national origin or sex, gender identity, sexual orientation, or national origin;(v) An individual’s moral character is necessarily determined by his or her race, color, sex, or national origin;(vi) An individual, by virtue of his or her race, color, sex or national origin, bears responsibility for actions committed in the past by other members of any class listed herein;(vii) An individual should feel discomfort, guilt, anguish or any other form of psychological distress on account of his or her race, color, sex, or national origin; or(viii) Meritocracy or traits such as hard work ethic are racist or sexist, or were created by a particular class to oppress another class.(f) “Public school” means an elementary or secondary school governmental entity under the exercise and management of a local school governing board, established to supervise one or more public schools within its geographical limits pursuant to state statutes. The term also includes:(i) Agricultural high schools;(ii) The Mississippi School for the Deaf and Blind, under the governing authority of the State Board of Education;(iii) The Mississippi School for the Arts, under the governing authority of the State Board of Education;(iv) The Mississippi School for Mathematics and Science, under the governing authority of the State Board of Education; and(v) Public charter schools.(g) “Public postsecondary education institutions” means any state-supported four-year college or university under the purview of the Board of Trustees of the State Institutions of Higher Learning and any two-year community or junior college under the purview of the Mississippi Community College Board and the boards of trustees of the community college district to which the community or junior college is assigned.(h) “Board” or “boards” means either the Board of Trustees of State Institutions of Higher Learning, the Mississippi Community College Board, the Mississippi State Board of Education, the Mississippi Charter School Authorizer Board, the local board of education for a local school district, or the governing board of a public charter school, or all of them, as applicable.(i) “Sex” has the definition given in Sections 1-3-83(3) and 41-141-3(a).(j) “Gender identity” reflects a fully internal and subjective sense of self, disconnected from biological reality and sex and existing on an infinite continuum, that does not provide a meaningful basis for identification and cannot be recognized as a replacement for sex.

(a) “Diversity, equity and inclusion” shall mean:(i) Any effort to select or influence the composition of the faculty, staff, employee or student body by favoring applicants based on race, sex, color or national origin;(ii) Any effort to promote differential treatment of or provide special benefits to individuals in employment or admissions based on race, sex, color or national origin;(iii) Any effort to promote or promulgate policies and procedures designed or implemented to favor individuals based on race, color or national origin, except as otherwise permitted in state and federal law;(iv) Any effort to require trainings, programming, or activities designed and\or implemented to compel participants to change their beliefs with reference to race, color, national origin, gender identity or sexual orientation; and

(i) Any effort to select or influence the composition of the faculty, staff, employee or student body by favoring applicants based on race, sex, color or national origin;

(ii) Any effort to promote differential treatment of or provide special benefits to individuals in employment or admissions based on race, sex, color or national origin;

(iii) Any effort to promote or promulgate policies and procedures designed or implemented to favor individuals based on race, color or national origin, except as otherwise permitted in state and federal law;

(iv) Any effort to require trainings, programming, or activities designed and\or implemented to compel participants to change their beliefs with reference to race, color, national origin, gender identity or sexual orientation; and

(b) “Diversity, equity and inclusion office” means an office, division or other unit of an institution of higher learning, community college or public school established for the purpose of:(i) Promoting hiring decisions or employment practices at the institution, college or public school that favor individuals based on race, sex, color or national origin;(ii) Promoting differential treatment of or providing special benefits to favor individuals in admissions and hiring based on race, sex, color or national origin; or(iii) Promoting policies or procedures or conducting trainings, programs, or activities designed or implemented to favor individuals based on race, sex, color or national origin, other than policies or procedures approved in writing by the institution, college or public school’s legal counsel for the sole purpose of ensuring compliance with any applicable formal final finding of the court.

(i) Promoting hiring decisions or employment practices at the institution, college or public school that favor individuals based on race, sex, color or national origin;

(ii) Promoting differential treatment of or providing special benefits to favor individuals in admissions and hiring based on race, sex, color or national origin; or

(iii) Promoting policies or procedures or conducting trainings, programs, or activities designed or implemented to favor individuals based on race, sex, color or national origin, other than policies or procedures approved in writing by the institution, college or public school’s legal counsel for the sole purpose of ensuring compliance with any applicable formal final finding of the court.

(c) “Diversity statement” means a written statement or essay that requires an individual to express their views or commitment regarding issues related to race, sex, color, national origin, gender identity, sexual orientation, or national origin.

(d) “Diversity training” means any formal or informal education, seminars, workshops or institutional program that focus on increasing awareness or understanding of issues related to race, sex, color, gender identity, sexual orientation or national origin.

(e) “Divisive concepts” are concepts that:(i) One (1) race, sex, color, or national origin is inherently superior to another race or sex;(ii) An individual, by virtue of his or her race, sex, color, national origin, is inherently racist, sexist, or oppressive, whether consciously or unconsciously;(iii) An individual should be discriminated against or treated adversely solely because of their race, sex, color, or national origin;(iv) Members of one (1) race, one (1) sex, one (1) color, one (1) national origin cannot and should not attempt to treat others without respect to race, color, national origin or sex, gender identity, sexual orientation, or national origin;(v) An individual’s moral character is necessarily determined by his or her race, color, sex, or national origin;(vi) An individual, by virtue of his or her race, color, sex or national origin, bears responsibility for actions committed in the past by other members of any class listed herein;(vii) An individual should feel discomfort, guilt, anguish or any other form of psychological distress on account of his or her race, color, sex, or national origin; or(viii) Meritocracy or traits such as hard work ethic are racist or sexist, or were created by a particular class to oppress another class.

(i) One (1) race, sex, color, or national origin is inherently superior to another race or sex;

(ii) An individual, by virtue of his or her race, sex, color, national origin, is inherently racist, sexist, or oppressive, whether consciously or unconsciously;

(iii) An individual should be discriminated against or treated adversely solely because of their race, sex, color, or national origin;

(iv) Members of one (1) race, one (1) sex, one (1) color, one (1) national origin cannot and should not attempt to treat others without respect to race, color, national origin or sex, gender identity, sexual orientation, or national origin;

(v) An individual’s moral character is necessarily determined by his or her race, color, sex, or national origin;

(vi) An individual, by virtue of his or her race, color, sex or national origin, bears responsibility for actions committed in the past by other members of any class listed herein;

(vii) An individual should feel discomfort, guilt, anguish or any other form of psychological distress on account of his or her race, color, sex, or national origin; or

(viii) Meritocracy or traits such as hard work ethic are racist or sexist, or were created by a particular class to oppress another class.

(f) “Public school” means an elementary or secondary school governmental entity under the exercise and management of a local school governing board, established to supervise one or more public schools within its geographical limits pursuant to state statutes. The term also includes:(i) Agricultural high schools;(ii) The Mississippi School for the Deaf and Blind, under the governing authority of the State Board of Education;(iii) The Mississippi School for the Arts, under the governing authority of the State Board of Education;(iv) The Mississippi School for Mathematics and Science, under the governing authority of the State Board of Education; and(v) Public charter schools.

(i) Agricultural high schools;

(ii) The Mississippi School for the Deaf and Blind, under the governing authority of the State Board of Education;

(iii) The Mississippi School for the Arts, under the governing authority of the State Board of Education;

(iv) The Mississippi School for Mathematics and Science, under the governing authority of the State Board of Education; and

(v) Public charter schools.

(g) “Public postsecondary education institutions” means any state-supported four-year college or university under the purview of the Board of Trustees of the State Institutions of Higher Learning and any two-year community or junior college under the purview of the Mississippi Community College Board and the boards of trustees of the community college district to which the community or junior college is assigned.

(h) “Board” or “boards” means either the Board of Trustees of State Institutions of Higher Learning, the Mississippi Community College Board, the Mississippi State Board of Education, the Mississippi Charter School Authorizer Board, the local board of education for a local school district, or the governing board of a public charter school, or all of them, as applicable.

(i) “Sex” has the definition given in Sections 1-3-83(3) and 41-141-3(a).

(j) “Gender identity” reflects a fully internal and subjective sense of self, disconnected from biological reality and sex and existing on an infinite continuum, that does not provide a meaningful basis for identification and cannot be recognized as a replacement for sex.