# Title 15 — Education

## Chapter 15-10.7 — Specified Concepts

### § 15-10.7-01. Definitions.

As used in this chapter:
1. "Race or sex scapegoating" means assigning fault, blame, or bias to a race or sex, or
to a member of a race or sex, because of their race or sex, and includes a claim that,
consciously or subconsciously, and by virtue of an individual's race or sex, a member
of a race is inherently racist or inclined to oppress others, or a member of a sex is
inherently sexist or inclined to oppress others.
2. "Race or sex stereotyping" means ascribing a character trait, value, moral and ethical
code, privilege, status, or belief to a race or sex, or to an individual because of the
individual's race or sex.
3. "Specified concept" means a concept that:
a. One race or sex is inherently superior or inferior to another race or sex;
b. An individual, by virtue of the individual's race or sex, is inherently privileged,
racist, sexist, or oppressive, whether consciously or subconsciously;
c. An individual should be discriminated against or receive adverse treatment
because of the individual's race or sex;
d. An individual's moral character is determined by the individual's race or sex;
e. 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;
f. An individual should feel discomfort, guilt, anguish, or another form of
psychological distress solely because of the individual's race or sex;
g. A meritocracy is inherently racist or sexist, or designed by a particular race or sex
to oppress another race or sex;
h. This state or the United States is fundamentally or irredeemably racist or sexist;
i. Promotes or advocates the violent overthrow of the United States government;
j. Promotes division between, or resentment of, a race, sex, religion, creed,
nonviolent political affiliation, social class, or class of people;
k. 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;
l. The rule of law does not exist, but instead is a series of power relationships and
struggles among racial or other groups;
m. 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;
n. Governments should deny to any person within the government's jurisdiction the
equal protection of the law;
o. Includes race or sex stereotyping; or
p. Includes race or sex scapegoating.
4. "Training" includes a noncredit earning:
a. Seminar;
b. Workshop; or
c. Orientation.
### § 15-10.7-02. Specified concept - Prohibition on discrimination.

1. A student or employee of an institution under the control of the state board of higher
education may not be:
a. Penalized, discriminated against, or receive adverse treatment due to the
individual's refusal to support, believe, endorse, embrace, confess, act upon, or
otherwise assent to or oppose a specified concept.
b. Required to endorse or oppose a specific ideology or political viewpoint to be
eligible for hiring, tenure, promotion, or graduation.
2. An institution under the control of the state board of higher education may not ask the
ideological or political viewpoint of a student, job applicant, job candidate, or candidate
for promotion or tenure.

3. An individual who believes a violation of this section has occurred may pursue all
equitable or legal remedies that may be available to the individual in a state or federal
court of competent jurisdiction.
### § 15-10.7-03. Prohibition on specified concept training.

1. An institution under the control of the state board of higher education may not:
a. Conduct mandatory noncredit earning training of a student or employee if the
training includes a specified concept.
b. Use a noncredit earning training program or training materials in a noncredit
earning training for a student or employee if the program or material includes a
specified concept.
c. Use funds appropriated by the state to incentivize, beyond payment of regular
salary or other regular compensation, a faculty member to incorporate a specified
concept into academic curriculum.
2. 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.
### § 15-10.7-04. Construction and purpose.

1. This chapter may not be interpreted to prohibit:
a. An individual who provides training from responding to a question regarding a
specified concept so long as the response does not endorse, advocate, or
oppose a specified concept;
b. An institution from considering the subject matter competency of a candidate for a
faculty position or promotion if the subject matter is germane to the candidate's
field of scholarship;
c. An institution from training students or employees on the nondiscrimination
requirements of federal or state law, or from requiring a student, faculty member,
or employee to comply with federal or state laws, including antidiscrimination
laws, or from taking action against a student, professor, or employee for a
violation of federal or state law; or
d. Limit or restrict the academic freedom of faculty or to prevent faculty members
from teaching, researching, or writing publications about the specified concepts or
related topics.
2. This chapter does not authorize an institution to infringe on the rights of freedom of
speech protected by the First Amendment to the United States Constitution.
