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As a professional in student support services and an advocate for freedom of expression in campus communities, it has become apparent that Texas may begin to look different in the coming months. As professionals in the field, it is important for us to know when new laws come into effect and when to begin changing policies on our campuses to follow state laws. It is important to continue to support freedom of expression and how to support equality among race, gender, and religion on campus.

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This legal guide is important to those in higher education as SB17 has passed and will begin to change a lot of policies on campuses that encourage diversifying the community. As a professional in higher education who works in student support services, our office naturally gravitates toward non-traditional students and those who fall under a minority group whether it be sexual orientation, gender, or religious beliefs. As colleges in Texas prepare for SB17 in January, schools are working to repurpose their DEI offices and initiatives to follow the new laws in place. Professionals do not know if to move forward with initiatives or to bring them to a complete halt after what has occurred at the legislative level.

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The Association For the Study of Higher Education has an Inclusion, Equity, and Diversity Committee that closely aligns its practices with its DEI statements. This relates to the topic I have chosen because it closely correlates to bringing equality and freedom of expression. The committee itself practices diversity by making sure individuals who partake in the committee come from different backgrounds (ASHE, 2022).

ASHE. (2022). Inclusion, equity, and org diversity. Association for the Study of Higher Education. https://www.ashe.ws/ieod#:~:text=ASHE%20is%20a%20diverse%20membership,and%20the%20intersections%20across%20these

https://www.ashe.ws/ieod#:~:text=ASHE%20is%20a%20diverse%20membership,and%20the%20intersections%20across%20these

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Alonso’s recent article covers the drastic changes Clemson took on removing menstrual products from men’s restrooms (2023). The change comes as a graduate organization began an iniative promoting equality for menstrual products for students across campus whether it be students born female, intersex, or transgenders. The article goes on to state that leadership at the university was unaware that these devices had been installed at the university, and leadership has chosen not to comment on the issue (Alonso, 2023).

Alonso, J. (2023, September 29). Clemson University removes tampons, pads from men’s bathrooms. Inside Higher Ed | Higher Education News, Events and Jobs. https://www.insidehighered.com/news/students/physical-mental-health/2023/09/29/clemson-university-removes-tampons-pads-mens

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Weissman’s article talks about the lack of policies public institutions of higher education hold on students who come from different religions. The article also states how campuses do not accommodate students that fast due to religious reasons. However, some colleges across the nation are learning to make their campus community accessible to all students of different religions (Weissman, 2023).
Weissman, S. (2023, July 17). Lack of religious accommodation policies on campuses. Inside Higher Ed | Higher Education News, Events and Jobs. https://www.insidehighered.com/news/diversity/religion/2023/07/17/lack-religious-accommodation-policies-campuses

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Law: Equality Under Law

Citation for the Original Law: T.X. Const. art. 1 §3.a

Source of Law: Constitutional Law

URL: https://statutes.capitol.texas.gov/Docs/CN/htm/CN.1/CN.1.3a.htm

Summary: Article One of the Texas Constitution covers the basic principles the state of Texas should uphold. This law states that no one in the state should be discriminated against based on their religious view, cultural background, or gender. This applies to college communities, by not discriminating against what one might identify or fall under.

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Law: Discrimination Based on Sex and Blindness

Citation for the Original Law: 20 U.S.C. §1681.a

Source of Law: Statutory Law

URL: http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1681&num=0&edition=prelim

Summary: This code goes in depth regarding the prohibition of discrimination in education based on sex. From admission to an institution to student life on campus, covering what all encompasses in a college community.

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Law: Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance

Citation for the Original Law: 34 U.S. Educ. Code §106.1

Source of Law: Statutory Law

URL: https://www2.ed.gov/policy/rights/reg/ocr/edlite-34cfr106.html#S1

Summary: This code goes in depth regarding the prohibition of discrimination in education based on sex regarding the financial assistance aspect.

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Law: Nondiscrimination Under Programs Receiving Federal Assistance Through the Department of Education Effectuation of Title VI of the Civil Rights Act Of 1964

Citation for the Original Law: 34 U.S. Educ. Code §100.1

Source of Law: Statutory Law

URL: https://www2.ed.gov/policy/rights/reg/ocr/edlite-34cfr100.html

Summary: This code goes in depth regarding the prohibition of discrimination in education based on religion and cultural background in education.

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School Policy: H.1.2 (Policy) Civil Rights Discrimination, Harassment, and Retaliation

Citation for the Original Law: Civil Rights Discrimination, Harassment, and Retaliation Policy §H.1.2

Source of Law: Administrative Law

URL: https://www.alamo.edu/about-us/leadership/board-of-trustees/board-policies/

Summary: This policy goes over what is protected in regard to discrimination based on several factors on the campuses that are a part of Alamo Colleges.

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In the ACPA standards, standard four strongly correlates with the legal guide provided. As professionals in higher education, we should strive to promote equality in society that includes aspects such as gender, sex, and religion (ACPA, 2020). This can start as small initiatives on campuses or in classrooms and eventually translate over to the community at large.

ACPA. (2020). ACPA ethical principles & standards - myacpa.org. https://myacpa.org/wp-content/uploads/2020/12/Ethical_Principles_Standards.pdf

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First Step Alliance, is a non-profit organization that dove into the DEI topic and best describes it as a topic that affects all aspects of life (2021). Not only education, but financial institutions and housing as well, stating how everyone should be treated equally and not be discriminated against based on factors like gender, sex, and religion.

First Step Alliance. (2021, November 3). Understanding the importance of diversity and inclusion: Dei: D&I. https://www.firststepalliance.org/post/diversity-equity-inclusion

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Slide #13 Recommendations / Best Practices for Compliance

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Slide #13 Recommendations / Best Practices for Compliance

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-Campuses should continue to promote diversity, equity, and inclusion until the end of the year or once campus has prompted to stop.
-Campuses should provide resources to students outside of campus grounds.
-Students on campuses can initiate organizations calling for change.