At Dallas College, we remain true to our mission of supporting students, faculty and staff, regardless of background. The values of Dallas College have not changed, nor has our leadership’s commitment to fostering and celebrating the rich culture that exists across our community. We acknowledge and value our students and employees and their right to be seen and heard, assume positive intent in each other, and will be understanding and mindful of everyone’s time, talent, and contributions, with empathy and appreciation.
In response to Senate Bill 17 (“SB 17”), which was signed by Governor Abbott into law on June 17, 2023, and effective January 1, 2024, the Dallas College Office of the General Counsel (OGC) has created the following Frequently Asked Questions (FAQs) regarding the implementation of SB 17. The bill, generally, seeks to ensure that public institutions of higher education in the state do not establish or maintain a “diversity, equity, and inclusion office,” or engage in certain prohibited practices and activities.
Dallas College will comply with the new law and deliver against our mission to transform lives and communities through higher education.
We will continue to communicate changes directly to our stakeholders affected by the law, through appropriate channels, as needed.
Frequently Asked Questions
Introduction
Q. What is DEI?
A. DEI stands for diversity, equity, and inclusion. Diversity, Equity, and Inclusion, as defined by SB 17, means engaging in any of the following actions:
Influencing hiring or employment practices with respect to race, sex, color, or ethnicity, other than through the use of color-blind and sex-neutral hiring policies consistent with anti-discrimination laws);
Promoting differential treatment of or providing special benefits to individuals on the basis of race, color or ethnicity;
Promoting policies or procedures about race, color, or ethnicity; or
Conducting trainings, programs, or activities about race, color, ethnicity, gender identity, or sexual orientation, other than those expressly authorized by OGC in accordance with state law.
Q. What is prohibited by SB 17?
A. Performing the duties of a DEI office. - The College cannot establish or maintain a DEI office and cannot hire or assign an employee of the College or contract with a third party to perform the above-enumerated prohibited duties of a DEI office.
DEI statements are prohibited. - The College cannot compel, require, induce, or solicit any person to provide a DEI statement or give preferential consideration to any person based on the provision of a DEI statement.
Giving preference on the basis of race, sex, color, ethnicity, or national origin is prohibited. - The College cannot give preference on the basis of race, sex, color, ethnicity, or national origin to an applicant for employment, an employee, or a participant in any function of the College.
Mandatory DEI trainings in connection with any College function are prohibited. - The College cannot require as a condition of enrolling at the institution or performing any institution function any person to participate in DEI training.
Q. May Dallas College continue to operate an office or department that conducts DEI programs and activities?
A. No. Under SB 17, an institution may not operate an office that engages in the practices listed above.
Q. Does SB 17 prohibit Dallas College contractors from having DEI offices or providing DEI training
tothe
contractor’semployees?
A. SB 17 does not apply to the internal operations or programs of our contractors. Dallas College cannot, however, hire a contractor or outside entity to run DEI activities or programming on behalf of Dallas College.
Q. What does it mean for an office, division, or unit of the College to be “established for the purpose of” performing the prohibited duties listed above?
A. The College must carefully review the purposes, duties, and missions of existing offices, divisions, and units to evaluate whether they are established for the purpose of performing any of the four enumerated prohibited duties.
Similarly, the College must determine whether individuals are “hired or assigned” for the purpose of performing any of the four enumerated prohibited duties.
The College recognizes that existing offices’, divisions’, and units’ or currently employed individuals’ or contractors’ portfolios or job descriptions may include one or more of the four enumerated prohibited duties as well as other, non-DEI-related duties. Those offices, divisions, units, and positions may continue to perform the non-DEI-related duties. However, the College must evaluate whether and to what extent the following should be changed:
- Office, division, and unit names, portfolios, mission statements, and related communications, policies, and procedures; and
- Individuals’ position titles and job descriptions, duties, and responsibilities. These changes may result in the elimination of some offices, divisions, units, and positions.
The College’s Department of Human Resources will review and evaluate position titles, job descriptions, and the duties and responsibilities of roles which may be impacted by SB 17, and determine what actions, if any, might be necessary in order to achieve compliance with SB 17 and other applicable law.
Q. What is a “special benefit” in the context of a DEI office?
A. SB 17 does not define “special benefit.” Dallas College interprets “special benefit” to mean a term, condition, opportunity, or privilege that is unavailable, or substantially better than what is available, or provided to others. Opportunities open to all do not become a “special benefit” because a particular individual or group takes advantage of such opportunity. For example, use of College space reserved in accordance with the College’s ordinary processes is not a “special benefit.”
Q. How does SB 17 restrict training?
A. SB 17 includes three restrictions related to training:
(1) An institution office, division, or unit cannot conduct training designed or implemented in reference to race, color, ethnicity, gender identity, or sexual orientation (“DEI training”);
(2) An institution cannot hire or assign an employee or a contractor to conduct DEI training;
(3) An institution cannot require a person to participate in DEI training as a condition of enrolling or performing any function at the institution (“mandatory DEI training”).
The training prohibition does not apply to training designed or implemented in reference to race, color, ethnicity, gender identity, or sexual orientation when it is (1) developed by an attorney; (2) approved in writing by the OGC and the THECB;
and (3) for the sole purpose of ensuring compliance with any applicable court order or state or federal law.
Q. May a student or employee participate in voluntary DEI training offered by an outside resource?
A. Generally, yes. SB 17 does not restrict a student or employee from voluntarily participating in non-institutional DEI training offered by an outside resource provided the College has not contracted with the outside resource to provide DEI training. The College may continue to offer a library of professional development trainings—like LinkedIn Learning—even if the library includes individual DEI training modules. Such professional resources have multiple topics related to overall professional development, and the College is not contracting with the training provider to conduct impermissible DEI trainings.
Participation by students and employees must be truly voluntary. A supervisor, instructor, or administrator should not track participation in a voluntary DEI training. Further, they cannot give any type of preference, beneficial consideration, or consequence (positive or negative), no matter how informal, to students and employees based on whether they participate in voluntary DEI trainings with an outside resource.
The College cannot require any person to participate in DEI training with an outside resource in order to perform any institution function, including voluntary participation in College or department hiring committees.
Q. What is a “DEI training?”
A. “DEI training” includes a training designed or implemented in reference to race, color, ethnicity, gender identity, or sexual orientation.
“DEI training” does not include a training (1) developed by an attorney; (2) approved in writing by the OGC and the THECB;
and (3) provided for the sole purpose of ensuring compliance with any applicable court order or state or federal law.
Websites and Social Media
Websites should not have information that promotes DEI programs or activities. Links to diversity offices or to programs that exclude a portion of the student population based on race, color, ethnicity, gender, or sexual orientation should be reviewed and, as determined to be necessary for compliance, removed.
Q. May information about DEI be on College websites or social media pages?
A. No. DEI information should not be on college websites, including but not limited to the acronym, DEI, or the phrase “diversity, equity, and inclusion.” Such prohibited information would be that which promotes the differential treatment of or special benefits to certain individuals or groups.
Q. May Dallas College feature references to identity driven organizations and initiatives, such as the Male Achievement Program and the Women’s Empowerment Network on its website?
A. Yes, if the organization is committed to non-discrimination, is open to all individuals and communicates an all-inclusive message appropriately. The name of the organization does not necessarily constitute a problem under SB 17. It is the activity of an organization that should be the focus when deciding whether to feature content on College websites.
Employee Recruitment
SB 17 states that the “governing board of an institution of higher education shall ensure that each unit of the institution: does not, except as required by federal law: . . . compel, require, induce, or solicit any person to provide a diversity, equity, and inclusion statement or give preferential consideration to any person based on the provision of a diversity, equity, and inclusion statement.” SB 17 also states that a preference may not be given to a particular applicant based on race, sex, color, ethnicity, or national origin for employment.
Q. What is a DEI statement?
A. A “DEI statement” is a written or oral statement of a person’s commitment to (1) furthering diversity, equity, and inclusion based on race, color, ethnicity, national origin, sex, gender identity and/or sexual orientation or (2) promoting differential treatment of or providing special benefits to individuals based on their identification as a member of one or more of these classifications.
A “DEI statement” does not include a non-discrimination statement, which typically explains federal and state law obligations, and does not include information submitted in connection with HUB certification.
Q. May Dallas College ask applicants for employment to provide a DEI statement or give preferential consideration to certain applicants based on their provision of a DEI statement?
A. No. Under SB 17, Dallas College can neither compel, require, induce, or solicit a person to provide a DEI statement nor can it give preferential consideration to a person based on the provision of a DEI statement.
Q. In the context of a person providing a DEI statement, what does it mean to give “preferential consideration?”
A. “Preferential consideration to any person” who provides a DEI statement means treating one person more favorably than another because they provided a DEI statement or because the content expresses a particular viewpoint regarding DEI.
Q. Does SB 17 require Dallas College to expressly prohibit applicants for employment or admission from providing a DEI statement?
A. No, SB 17 does not require the College to expressly prohibit applicants for employment or admission from voluntarily providing DEI statements in response to job postings, applications, or other stages of the hiring or admissions processes. If an applicant provides an unsolicited DEI statement, the College cannot give preferential consideration based on the provided DEI statement.
Q. What is the appropriate response or course of action if an applicant for employment or admission provides an unsolicited DEI statement?
A. To the extent possible, the College should remove any unsolicited DEI statements from an applicant’s application materials before the application is provided to the relevant search committees, consultative committees, and decisionmaker(s). If not removed, any unsolicited statement must not be considered positively or negatively.
Q. May legally protected characteristics, such as race or gender, be considered when hiring employees?
A. No. Hiring (selecting a particular qualified applicant for a position) must be conducted in accordance with Dallas College policy and applicable law which has always been, and continues to be, that employees are hired based on merit. Merit can include notable scholarship on a particular topic, awarded grants, education, and experience. Dallas College always has, and will continue to, hire on merit. However, Dallas College can, and will, take actions to recruit a diverse pool of applicants from which to select the best qualified person for the position, consistent with applicable state and federal requirements. Applicant pools should be as diverse as possible to hire the best applicants. Advertising jobs in non-traditional outlets/sources is encouraged.
Q. Does SB 17 limit the methods used for posting open positions?
A. No, this bill does not prohibit the College from posting for jobs in a wide variety of forums.
Q. Is it permissible for a job posting to include preferences for language proficiency or experience working with a specific population?
A. Yes, if the preference is job-related and not intended to target applicants based on protected classifications.
Q. Does SB 17 limit the College’s ability to ensure meaningful and sufficient efforts are made to accomplish a diverse applicant pool?
A. No, as long as those efforts otherwise comply with the law’s requirements. When developing strategies to impact the composition of applicant pools, the focus should be on conducting a broad initial search, including nontraditional outreach and recruitment efforts, and any other initiatives that could reasonably impact the pool composition. If a hiring decision maker is dissatisfied with efforts to achieve a diverse applicant pool, it is permissible for the decision maker to go back to the individual or group responsible for developing the pool (such as Human Resources, the search committee chair, or a search firm) with the determination that the search efforts were not meaningful or they were otherwise insufficient. In such an instance, a corresponding request to increase the pool size may be made. The decision maker may not request that the pool be increased to deliver more applicants of a specified classification.
Q. What are guidelines for questions that may be asked of applicants in the hiring process, both on applications and in interviews?
A. If appropriate for the job, applicants may be asked about their experience teaching first- generation college students, low-income students, or underserved student populations. Such questions are permissible because they assist the College in identifying the most qualified candidate for the job. The College may not compel, require, induce, or solicit any person to provide a “DEI statement” as defined above.
A better practice is to ask questions that do not categorize students or employees by classification. For example, applicants could be asked:
What is your experience in/philosophy about/plan for supporting students?
How do you reach students where they are?
How have you been effective reaching students of different backgrounds?
Describe your teaching philosophy.
What is your experience working with or caring for persons with different backgrounds?
If a job applicant volunteers information relevant to the position in an interview about their experience with or philosophy about teaching or caring for first-generation college students, low-income students or patients, or underserved populations and/or explicitly references teaching or caring for individuals identified by race, color, sex, ethnicity, national origin, gender identity or sexual orientation, that information may be considered because it is not a “DEI statement.”
Events/Programs That Involve Belonging, Cultural Education, and Support for Certain Affinity Groups
SB 17 prohibits (i) giving preference on the basis of race, sex, color, ethnicity, or national origin to a participant in any function of the institution; (ii) hiring or assigning an employee or contracting with a third party to perform the duties of a DEI office; and (iii) requiring any person performing any institution function to participate in DEI training.
Q. May Dallas College host college/department-wide events or programs that support diversity in a general way?
A. Yes, events or programs that support diversity in a general way are not affected by SB 17 as long as they do not promote preferential treatment of any particular group and are open to everyone. Examples include, but are not limited to, events or programs with themes of promoting a welcoming climate, ensuring curricular alignment, and cultural competency.
Q. May Dallas College organize a conference or program that includes DEI programs or activities on campus?
A. No. SB 17 prohibits the College from conducting programs or activities that promote certain legally protected individuals and groups, such as those of a specific race, color, ethnicity, or sexual orientation. However, certain exemptions may apply such as efforts for student recruitment, guest speakers, or performers on short term engagement. There may also be an exception for certain events focused on faculty research or scholarship given the stated exceptions in SB 17.
Q. May the College host multicultural events or programs, such as those that recognize Hispanic Heritage Month, Black History Month, Asian American Pacific Islander Month, and Women’s History Month?
A. Yes, as long as these events or programs are open to everyone who wants to participate. Dallas College Student Success and its functional departments would be appropriate hosts of such events or programs, but they must not show preference for any one group over another. The emphasis must be on history and culture. Attendance at such events cannot be mandatory for students or employees.
If a student organization that is registered with or recognized by Dallas College wants to host a multicultural event or program, even one that may include DEI elements, it can do so because student organizations are exempted from the limitations of SB 17. Guest speakers and performers on short-term engagements are also exempt from SB 17.
Q. May a Dallas College leader “recognize” a cultural celebration such as “Black History Month” in the form of an email blast or other College communication?
A. Yes. SB 17 does not prevent leadership from recognizing the existence, history, and/or importance of such a celebration. However, caution should be taken to avoid differential treatment of College community members on the basis of race, color, or ethnicity.
Q. May Dallas College host events or programs focused on specific groups, such as a Black History Month, Juneteenth, Pride Month, Hispanic Heritage Month, and others?
A. Yes, subject to certain conditions. The mere name of an event or program does not indicate a violation of SB 17. However, engagement in DEI activities, as defined by the bill, such as promoting differential treatment of or providing special benefits to certain persons or groups does. Therefore, as with multicultural events, College events or programs that focus on specific groups should be open to everyone. All groups should be evaluated and provided with College support (e.g., funding and access to facilities) according to the same objective standards in determining whether or not the event or program can take place.
Q. May the College support events or programs that are focused on faculty or staff in certain groups?
A. Yes, as long as the College treats all such groups equally. As with students, these faculty and staff groups must be open to everyone and any College support for such groups must be consistent with the support the College provides to other faculty and staff groups. For example, the College may support a faculty group called, “Women Leaders in Business” if it permits membership of all gender types, even if the group’s primary purpose is to provide career and leadership training for women. Any benefits offered through this group by the College, such as free memberships or travel expenses, would have to be available to all.
Q. Are identity-based employee resource groups (affinity groups) permissible, and, if so, may staff be assigned to support them?
A. Yes, when certain conditions are present. Employee resource groups typically consist of employees with a common background or a common set of interests. Identity-based groups must be open to all interested participants and receive similar treatment as and benefits available to other employee groups. An institution may adopt rules governing the activities of its employee resource groups, which include identity-based resource groups.
Staff may be assigned to support employee resource groups generally. Any support for identity-based employee resource groups should be the same support provided to all employee resource groups.
Q. May the College authorize the use of campus facilities for a third-party, identity driven conference, such as a gathering of African-American lawyers?
A. Yes. Outside groups should be provided access to facilities in accordance with the College’s established criteria for facility use, including the standard reservation process and fee schedule. Denying facility access to such a group based on their viewpoint or identity driven purpose would violate state and federal law.
Q. May the College support or fund a third-party conference or program that may include a limited amount of DEI programming?
A. Yes. SB 17 does not prohibit an institution from supporting third-party academic or professional conferences or programs at locations away from campus. For example, the College may be a sponsor for an out-of-state conference that focuses on an appropriate academic topic but includes DEI programming of a limited nature without violating SB 17. However, if an institution were to make attendance at such a conference mandatory, it would violate SB 17.
Q. May the College provide funding or support for a student or student organization to attend an unaffiliated conference that meets the definition of DEI programming?
A. Yes. As noted earlier, student organizations are exempted from SB 17. Moreover, if a student organization seeks funding for travel or attendance to an unaffiliated, third-party conference that promotes its organizational mission, it should not be denied support because of the content or viewpoint of the program, assuming other similarly situated student organizations would receive the same support. The same rationale would apply to an individual student seeking College support for professional development off campus.
Q. May College faculty and staff maintain memberships in outside organizations, such as professional organizations, that are identity-based and/or have a DEI-focused mission?
A. Yes. A College faculty or staff member may maintain membership with an outside organization that is identity-based, such as an association for women in healthcare professions, or has a DEI-focused mission, such as promoting diversity in a certain field of study.
Student Organizations
Generally, registered student organizations are not affected by the passage of SB 17. The law specifically exempts: an activity of a student organization registered with or recognized by an institution of higher education.
Q. May Dallas College deny benefits to student organizations that have the express purpose of conducting Diversity, Equity, and Inclusion (“DEI”) programming?
A. No. SB 17 expressly exempts student organizations from its restrictions. Moreover, Section 51.9315 of the Texas Education Code bars institutions of higher education from denying a student organization any benefit that is generally available to student organizations, if the denial is based on the organization’s political, philosophical, ideological, or academic viewpoint or content. This statute was enacted in 2019 through SB 18 regarding free speech on the campuses of public institutions of higher education in Texas.
Q. SB 17 states that its restrictions may not be construed to apply to an activity of a registered or recognized student organization. What is considered an “activity” of a student organization?
A. SB 17 does not define “activity.” The College interprets the term broadly to encompass all functions of a student organization registered with or recognized by the College.
Q. Is the College barred from using state funds to support student organizations that have the express purpose of conducting DEI programming?
A. No. An institution of higher education cannot deny a student organization generally available funding, regardless of its source. Section 51.9315 defines “benefit” as including “funding sources made generally available to student organizations at an institution of higher education.” If state funds are used in a neutral fashion to support other student organizations, the College cannot deny funding to the student organization because of its DEI work. Additionally, as noted above, SB 17 expressly exempts student organizations from its restrictions.
Q. May the College deny access to speakers brought in by student organizations because the speaker intends to conduct DEI programming?
A. No. SB 17 expressly exempts student organizations from its restrictions as well as short-term speakers. Moreover, 51.9315 also defines “benefit” to include the use of facilities for meetings or speaking purposes. It also requires only content and viewpoint neutral criteria for approving speakers.
Q. May identity driven student organizations continue to receive support and access to facilities?
A. Yes. Identity-driven organizations must be treated the same as non-identity driven organizations. Neutral funding open to all organizations must be made available, as well as access to facilities. Denying neutral funding and facility access would violate state and federal law as content or viewpoint discrimination.
Q. May staff and faculty continue to advise “identity” driven organizations, such as a Women in STEM organization?
A. Yes, a Dallas College employee may provide the same level of administrative support to identity-based registered student organizations as it provides to all registered student organizations. Serving in this context is not one of the prohibited DEI-related duties. An identity-based registered student organization would not be receiving differential treatment or a special benefit because College employees also are assigned to serve registered student organizations that are not identity-based.
Q. May Dallas College continue to “feature” identity driven organizations on its website or materials?
A. Yes, as long as they are not given preferential treatment because of their identity components. For example, an engineering program would be compliant with SB 17 if it listed all student organizations that are relevant to engineering students. To deny this neutrally available “benefit” would be in violation of state law governing expressive activity on campus.
Academic Course Instruction
Generally, academic course instruction is not affected by the passage of SB 17. The law specifically states that its limitations may not be construed to apply to: (1) academic course instruction or (2) scholarly research or a creative work by an institution of higher education’s students, faculty, or other research personnel or the dissemination of that research or work. Moreover, guest speakers and performers on short-term engagements are also exempt from SB 17.
Q. May a professor discuss race, ethnicity, sex, gender, gender identity, sexual orientation, or related topics in his/her course instruction?
A. Yes. SB 17 does not apply to academic course instruction, scholarly research, or creative work by an institution of higher education’s students, faculty, or other research personnel or the dissemination of that research work. Dallas College policy recognizes a faculty member’s freedom in the classroom provided that comments are appropriate for and relevant to the classroom subject and are subject to the faculty member’s responsibility to maintain and exhibit professional competence in the classroom, to demonstrate professionalism, and to show respect for their students.
Q. May a professor use a statement related to DEI in their course syllabus?
A. A professor may, on their own syllabus, use a statement relating to DEI if it pertains to academic course instruction. However, such statements must not indicate an intention to treat students differently or in a preferential manner on the basis of their race, sex, color, ethnicity, or national origin.
Q. May academic programs still invite (and advertise) conferences and symposia involving research presented by guests from outside the College where the research focuses on DEI issues?
A. Yes. SB 17 specifically exempts research, data collection, and guest speakers on a particular topic.
Student Academic Achievement and Career Resources
SB 17 exempts programs that support the academic achievement of students if they are designed and implemented without regard to race, sex, color, or ethnicity. Programs promoting academic achievement should be provided to all students regardless of their race, color, ethnicity, sex, gender identity, or sexual orientation. Nothing in SB 17 prevents institutions from training staff to identify common barriers for at-risk students. SB 17 does not apply to programs for first generation, low-income college students, or underserved student populations, as long as the programs are designed and implemented without regard to race, sex, color, or ethnicity. These programs can continue as well as programs for veterans and students with disabilities as required under federal law.
Q. May the College assist students with obtaining fellowships or internships that focus on DEI?
A. Yes. College assistance in obtaining career opportunities, including fellowships or internships, is exempt from SB 17, if the College’s assistance is designed and implemented without regard to the race, sex, color, or ethnicity of the student. Career centers, as well as student success resources, must be available to all students, regardless of their particular career choice. For example, a student applying for a fellowship with an organization that has a mission of addressing discrimination based upon race, color, ethnicity, sex, gender, gender identity or sexual orientation may seek assistance from Dallas College’s Career and Transfer Skills Development team, as long as that assistance is available to all students, regardless of their race, sex, color, or ethnicity.
Q. May faculty or staff write a Letter of Recommendation for a student who is applying for a position or internship with an external group focused on race, sex, gender, national origin, sexual orientation, or gender identity?
A. Yes, SB 17 does not prohibit staff or employees from writing letters of recommendation for students. For example, a letter of recommendation for a summer internship with the NAACP would be permitted.
Grants/Scholarships/Endowments
SB 17 states: Nothing in this section may be construed to limit or prohibit an institution of higher education or an employee of an institution of higher education from: for purposes of applying for a grant or complying with the terms of accreditation by an accrediting agency, submitting to the grant or accrediting agency a statement that highlights the institution ’s work in supporting first-generation college students; low-income students; or underserved student populations; or certifies compliance with state or federal antidiscrimination laws.
Q. What does the above provision from SB 17 mean?
A. As part of applying for a grant for research or academic work, a College faculty or staff member can detail the College’s support of first-generation, low- income, or underserved student populations. Also, the faculty or staff member may certify compliance with state and federal non-discrimination laws as part of the application. Note, however, that this provision in SB 17 does not authorize a grant to perform DEI work that does not constitute academic course instruction, scholarly research or a creative work, data collection, or another activity specifically exempted by SB 17 as discussed above. For example, a grant cannot be sought to establish an office or department within the College to perform DEI work (for example set up a DEI office) as defined by the statute.
Q. How does SB 17 affect student scholarships?
A. Student scholarships are not affected by SB 17 if they are awarded and administered by an institution of higher education without regard to race, sex, color, ethnicity, or national origin, and if a DEI statement is not required or considered as part of the application. However, if a scholarship is closed to a specific race, color, ethnicity, nation of origin, sex, gender identity, or sexual orientation, an institution of higher education cannot support the efforts under SB 17, federal law, and College policy. The US Department of Education regulations enforcing Title VI prohibit discrimination in the administration of financial aid programs. Specifically, they prohibit a recipient, on the basis of race, color, or national origin, from denying financial aid; providing different aid; subjecting anyone to separate or different treatment in any matter related to financial aid; restricting the enjoyment of any advantage or privilege enjoyed by others receiving financial aid; and treating anyone differently in determining eligibility or other requirements for financial aid. 34 CFR 100.3(b)(1); see also 34 CFR 100.3(b)(2). SB 17 does not affect these federal requirements. If an entity separate from the College offers a closed scholarship that is prohibited by SB 17, College policy, or federal law, the College may not participate in any manner in the award or implementation of the scholarship. Further, such “closed scholarships” offered by external groups cannot be specifically advertised on College websites and should be removed if identified.
Data Collection
SB 17 specifically excludes data collection, including that of identifying characteristics of the applicant or employee. Said demographics are required for EEO reports and to comply with other state and federal laws.
Q. May researchers use race, ethnicity, color, or sex in gathering data for research?
A. Yes. SB 17 specifically exempts research and data collection.
Q. What are the permissible uses of collected data?
SB 17 restrictions do not apply to data collection. SB 17 includes other exceptions that may be related to the use of collected data, e.g., academic course instruction, scholarly research, creative work, student academic achievement and postgraduate outcomes designed and implemented without regard to race, sex, color, or ethnicity, and student recruitment and admissions. In addition to considering the applicability of these exceptions, the intended use of collected data should be analyzed to ensure that it otherwise is permissible under SB 17 and consistent with any applicable federal and state law.
Student Recruitment or Admissions
SB 17 specifically excludes student recruitment efforts or admissions from the law. Dallas College, as an open-enrollment institution, has never considered race, color, ethnicity, or any other protected characteristic in its enrollment or admissions decisions.
Q. May the College send recruitment staff to an event geared towards recruiting underserved racial or ethnic groups?
A. Yes.
Q. May the College train recruitment staff on cultural competence that will assist them in recruiting students from certain identity groups (race, ethnicity, sex, etc.)
A. Yes
Accreditation
Q. How should Dallas College respond to an accrediting agency’s question if it appears that the agency requires the College to engage in conduct or activities or make statements that may violate SB 17?
A. The College should collaborate with accrediting agencies to determine what is required. The College may make statements that highlight the College’s work in supporting first- generation college students, low-income students, and underserved populations. The College also should consider whether one of the exceptions applies. For example, the College may engage in training, programming, and activities related to student recruitment and admissions.
Q. How might the College respond to accrediting agency prompts and questions on diversity?
A. In preparing a response to accrediting agency prompts on diversity, the College should try to address the specific question being asked while highlighting SB 17-compliant diversity efforts.
Although SB 17 prohibits DEI offices and certain trainings, programs, and activities, the College may continue many initiatives that both satisfy accrediting agency diversity priorities and comply with SB 17. SB 17 also specifically authorizes institutions to make certain statements for accreditation and includes exceptions from its broader DEI prohibitions, including an exception for student recruitment and admissions.
Permissible responses may emphasize some or all of the following:
The College’s compliance with state and federal antidiscrimination statutes;
Work to support first generation college students, low-income students, and underserved student populations;
The general diversity of the College’s surrounding community; and
Programs or efforts consistent with the particular accrediting agency’s identified, SB17- neutral diversity priorities.
Miscellaneous
Q. May employees seek out and receive training from third parties that involves race, color, ethnicity, sexual orientation, or gender identity?
A. It depends. Senate Bill 17 prohibits the College from requiring employees to attend trainings designed or implemented in reference to race, color, ethnicity, gender identity, or sexual orientation, unless the training is required under federal or state law. This prohibition applies to College-led trainings and those offered by third parties.
On the other hand, voluntary training through third parties may be permissible for the professional development of individual employees. An employee who seeks institutional support, such as cost of attendance, must articulate a direct professional connection between the third-party training and the employee’s job responsibilities. The College should not contract directly with DEI programmers for voluntary or mandatory training as that would constitute an impermissible outsourcing of DEI work.
Q. May College monies (some of which are state funds, some of which are local funds) be used to support academic or professional conference travel where the topic of the presentation is DEI?
A. It depends. SB 17 does not preclude support for continuing education or engaging with professional associations or conferences. However, the College should have a neutral basis for providing such funding that does not consider DEI as a factor in providing the funds. College leadership cannot compel attendance at DEI programs nor outsource DEI work.
Q. May a faculty or staff member conduct independent DEI work outside the College, such as work as a consultant or trainer?
A. Yes. Nothing in SB 17 limits faculty or staff members’ ability to conduct such work on their personal time if the work complies with other limitations on outside work, such as the College’s Policies on conflict of interest and conflict of commitment, or other applicable ethical limitations.
Q. May faculty receive “release time” to conduct research or other scholarly pursuits involving DEI?
A. Yes. If the work is within the faculty member’s subject matter expertise or scope of scholarly work. SB 17 provides an exception for scholarly research.
Q. May College officials ask for, or collect, a student’s preferred pronouns or preferred name?
A. Yes. Nothing in SB 17 affects the ability to ask for or use preferred pronouns. However, the College should not require students or employees to attend training on the use of preferred pronouns or provide preferential treatment based on pronouns preferred by a student or employee.
Q. May students, faculty, or staff be assigned training as a sanction for a Title IX or Title VII violation?
A. Generally, yes. Trainings required of students, faculty, or staff as a sanction for violating College policies regarding Title IX and Title VII compliance may be permissible if they are designed to educate recipients on compliance with College policies.