SB 376

This bill prohibits a person from being excluded from participating in, being denied the benef its of, or being subjected to discrimination by an institution, or any program or activity at an institution, including affirmative action, on the basis of race, color, ethnicity, or national origin. As used in this bill, an "institution"" means a four-ye a r public or private institution of higher education located in this state but does not include an institution of higher education governed by the board of regents of the state university and community college system. This bill prohibits an institution, o r any officer, employee, or agent of such institution, from acting in furtherance of, or facilitate any decision based on, race, color, or ethnicity that causes a person to be excluded from participating in, being denied the benefit of, or being subjected to discrimination by the institution, or any program or activity at the institution, as prohibited under this bill. Further, an institution must not use an applicant's race, color, ethnicity, or national origin in determining whether the applicant qualif i es for admission into the institution, or for scholarships or financial aid at the institution. The use of aggregated data concerning the race, color, ethnicity, or national origin of such applicants or students in making such determinations is prohibite d. This bill prohibits an institution from revealing or making known to any admissions or financial aid officers data concerning the race, color, or ethnicity of any applicant or student before admissions and financial aid, scholarship, and funding decisi ons about the applicant or student are made. An admissions or financial aid officer must not intentionally acquire such data by alternative means before admissions or financial aid, scholarship, and funding decisions about the applicant or student are ma d e. PRIVATE CAUSE OF ACTION – DAMAGES This bill establishes a private cause of action against an institution that violates this bill and against any officer, employee, or agent of an institution for violating this bill. However, if such officer, employe e, or agent can establish by clear and convincing evidence that they acted at the direction of the institution, or any superior officer, employee, or agent thereof, then the cause of action lies against the institution, the officer, the employee, the agen t, or a combination of such parties. This bill authorizes a plaintiff to seek to recover (i) actual or compensatory damages sustained by the plaintiff and (ii) punitive damages, if the plaintiff demonstrates that the institution or other parties discrimin ated against the person intentionally or with reckless indifference to the protected rights of the plaintiff. The plaintiff must prove damages by a preponderance of the evidence. In an award of damages resulting from an action brought by a plaintiff, th is bill provides that the defendant is strictly liable to the plaintiff for a minimum of $4, 000 in statutory damages, independent of any actual or compensatory damages sustained by the plaintiff resulting from a violation of this bill. In an action broug h t under this bill, (i) the plaintiff may seek injunctive and declaratory relief and (ii) the state waives sovereign immunity. ON APRIL 7, 2025, THE SENAET ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 376, AS AMENDED. AMENDMENT #1 rewrites this bill to p rohibit the following: (1) Excluding a person from participating in, den ying the benefits of, or subject ing to discrimination by a four-year public or private institution of higher education located in Tennessee (an ""institution""), or any program or act ivity at an institution, on the basis of one's race, color, ethnicity, or national origin, including those resulting from affirmative action practices ; (2) An institution, a program or activity at an institution, or an officer, employee, or agent of an i nstitution, excluding a person from participating in, deny ing a person the benefits of, or subject ing a person to discrimination at the institution based on the person's race, color, ethnicity, or national origin, as prohibited by this amendment; ( 3 ) An institution c onsider ing an applicant's race, color, ethnicity, or national origin in determining whether the applicant qualifies for admission to the institution, or for scholarships or financial aid offered at the institution ; and (4) The use by a n i nstitution of aggregated data to develop admissions or student population quotas based on race, color, ethnicity, or national origin, or us ing any such data in making admissions decisions . This amendment requires i nstitution s to provide notice of this amendment and of any relevant policies adopted by the institution in response thereto to all: (1) Employees of the institution's central admissions or financial aid offices prior to the start of the 2025-2026 academic year; and (2) Employees of the i nstitution's central admissions or financial aid offices upon their employment, if the employee is hired on or after the start of the 2025-2026 academic year. An individual who believes that a violation of this amendment has occurred may seek injunctive and declaratory relief in a court of competent jurisdiction in the same manner as a person seeking such relief regarding the legality or constitutionality of a government action under present law."