Amends TCA Title 49, Chapter 7.

This bill enacts the "State Primacy in Designating Protected Classes in Higher Education Act," as described below.<br /> <br /> PROHIBITIONS<br /> <br /> This bill prohibits public institutions of higher education and private institutions of higher education in this state that receive funding from this state to support the institution's educational programs, mission, or offerings, whether by rule, policy, resolution, or any other means available to the institution, from doing the following:<br /> <br /> (1) Defining a discriminatory practice in, or for purposes of, the institution's antidiscrimination practices, standards, rules, policies, or otherwise in a manner that modifies, supplements, or deviates, in any way, from the definition of discriminatory practice in state law relative to human rights. Under such law, "discriminatory practices" mean a direct or indirect act or practice of exclusion, distinction, restriction, segregation, limitation, refusal, denial, or other act or practice of differentiation or preference in the treatment of a person or persons because of race, creed, color, religion, sex, age or national origin; or<br /> <br /> (2) Establishing or recognizing a form of discrimination in, or for purposes of, the institution's antidiscrimination practices, standards, rules, policies, or otherwise in a manner that modifies, supplements, or deviates, in any way, from the forms of discrimination recognized by this state, and only to the extent such forms of discrimination are recognized by this state as legally actionable.<br /> <br /> COMPLAINT SYSTEM<br /> <br /> This bill requires the Tennessee higher education commission ("commission") to promulgate rules to establish a complaint system for a person with actual or constructive knowledge of a violation of (1) or (2) above to file a complaint with the commission alleging the violation. The commission must investigate each complaint filed with the commission and must require an institution take the corrective actions the commission determines necessary if the allegations of the complaint are supported by a preponderance of the evidence.<br /> <br /> This bill requires the complaint system to apply to each public institution of higher education and each private institution of higher education in this state that receives funding from this state to support the institution's educational programs, mission, or offerings. Such complaint system must meet the following criteria:<br /> <br /> (A) Allow a person with actual or constructive knowledge of a violation of (1) or (2) above to file a complaint with the commission alleging the violation without fear of retribution, demotion, withheld promotion, loss of earned academic credit, unwarranted transfer or reassignment, or any other negative consequence or action that may be imposed or sanctioned by the institution that is the subject of the complaint;<br /> <br /> (B) Ensure that each person who files a complaint with the commission alleging a violation of (1) or (2) above obtains an impartial and comprehensive investigation of each violation alleged; and<br /> <br /> (C) Consist of standardized and impartial procedures for (i) an unbiased and adequate investigation of each violation alleged in a complaint filed with the commission; and (ii) a complainant to appeal a determination made by the commission at the conclusion of its investigation, or to appeal the adequacy of the corrective actions, if any, required of an institution found to have violated (1) or (2) above.<br /> <br /> This bill requires each public institution of higher education and each private institution of higher education in this state that receives funding from this state to support the institution's educational programs, mission, or offerings to do the following:<br /> <br /> (A) Collect, retain, and submit to the commission all evidence determined by the commission to be relevant to the commission's investigation of the institution's alleged violation of (1) or (2) above;<br /> <br /> (B) Protect the legal rights of each person or organization under investigation or that may be providing evidence to the commission to assist the commission in the commission's investigation; <br /> <br /> (C) Provide oversight, as deemed necessary by the commission, to ensure that the commission receives the access required for the commission's objective evaluation and analysis of the findings of its investigation, to deliberate whether the institution violated (1) or (2) above as alleged in the complaint, and to ensure the corrective actions, if any, required by the commission are unbiased and fair;<br /> <br /> (D) Provide timely and accurate responses to requests from the commission made during its investigation of a complaint alleging a violation of (1) or (2) above, or during its review or reconsideration of the evidence as part of an appeal filed by a complainant; and <br /> <br /> (E) Advise complainants of the available appeals process.<br /> <br /> REPORT<br /> <br /> This bill requires the commission to report, for each public institution of higher education and each private institution of higher education in this state that receives funding from this state to support the institution's educational programs, mission, or offerings, the number of complaints filed with the commission alleging that the institution violated (1) or (2) above; the general nature of each complaint filed; and the commission's determination at the conclusion of its investigation of the complaint to the chair of the senate education committee, the chairs of the education committees of the house of representatives, the chairs of the government operations committees of the senate and the house of representatives, and the comptroller of the treasury no later than October 1, 2025, and by each October 1 thereafter.<br /> <br /> NONCOMPLIANCE<br /> <br /> This bill provides that if the commission determines that an institution of higher education in this state is not complying with this bill, then the commission may notify the treasurer and the department of finance and administration, in writing, of the institution's noncompliance. Upon receiving such notification, the treasurer or the department, as applicable, must withhold all or a portion of any funds appropriated to the respective institution that have not been allocated to the institution until the commission notifies the treasurer or the department, as applicable, that the institution is complying with this bill, at which time any funds withheld from the institution may be released.<br /> <br /> RULEMAKING<br /> <br /> This bill requires the commission to promulgate rules, including emergency rules, to effectuate this bill.<br /> <br /> APPLICABILITY<br /> <br /> This bill applies to the 2024-2025 academic year and each academic year thereafter.<br />