Campus-wide concern has spread in response to Alabama Senate Bill 129 (SB 129), a bill that was recently signed by Governor Kay Ivey that will prohibit the “promotion, endorsement and affirmation of certain divisive concepts in certain public settings,” among other things. Through a series of open meetings and appearances, Vice President of Governmental Relations Nick Lawkis and Vice President for Diversity and Community Engagement Dr. Joél Billingsley sought to inform campus members about what SB 129 will and will not do.

According to Lawkis, “Around 90 percent [of the bill] is about divisive concepts, and 10 percent is about DEI.” As it relates to DEI programs, Lawkis mentioned that when comprehending the bill and all that it entails, it’s important to look at what diversity, equity and inclusion, otherwise known as DEI, means in the context of SB 129 and how it relates to its inclusion of what is prohibited.

In Section 1 of SB 129, many terms are defined. “Divisive concepts” are defined as follows: 

• “That any race, color, religion, sex, ethnicity or national origin is inherently superior or inferior.
• “That individuals should be discriminated against or adversely treated because of their race, color, religion, sex, ethnicity or national origin.
• “That the moral character of an individual is determined by his or her race, color, religion, sex, ethnicity or national origin.
• “That, by virtue of an individual’s race, color, religion, sex, ethnicity or national origin, the individual is inherently racist, sexist or oppressive, whether consciously or subconsciously.
• “That individuals, by virtue of race, color, religion, sex, ethnicity or national origin, are inherently responsible for actions committed in the past by other members of the same race, color, religion, sex, ethnicity or national origin.
• “That fault, blame, or bias should be assigned to members of a race, color, religion, sex, ethnicity or national origin” on that basis.
• “That any individual should accept, acknowledge, affirm or assent to a sense of guilt, complicity or a need to apologize on the basis of his or her race, color, religion, sex, ethnicity or national origin.
• “That meritocracy or traits such as hard work ethic are racist or sexist.”

According to Lawkis, “It’s a very narrow window of forcing speech.”

In reading this legislation, these terms are important because the bill prohibits a public institution of higher education from directing or compelling a student or employee to personally affirm, adopt or adhere to a divisive concept as previously listed.

Furthermore, the bill also prohibits universities from requiring students or employees to attend or participate in a DEI program or training, orientation or coursework that advocates or requires assent to one of the divisive concepts listed.

The divisive concepts, as defined and used in the context of forcing speech from a student or employee, are highly unlikely to occur on our campus. Employees of public institutions of higher education may be terminated if they “knowingly” compel speech violating this bill. However, it is stated that any disciplinary actions “shall remain subject to relevant policies established by the institution.”

SB 129 defines a “diversity, equity and inclusion program” as “any program, class, training, seminar or other event where attendance is based on an individual’s race, sex, gender identity, ethnicity, national origin or sexual orientation, or that otherwise violates this act.”

These programs, along with “certain public entities, including state agencies, local boards of education and public institutions of higher education” will be unable to maintain “diversity, equity and inclusion offices” or sponsor diversity, equity and inclusion programs if they advocate for a divisive concept. State funding for DEI programs which promote “divisive concepts” and labeling multi-occupancy restrooms anything other than designated as male or female will also be eliminated.

This law is among others of similar stature in states across the country where colleges have been subjected to numerous changes in both state and federal legislation in recent years, including the implementation of laws regarding DEI and the use of affirmative action.

On March 19, 2024, the bill was passed by the Senate, and the next day, it was signed by Ivey. It is to go into effect on October 1, 2024.

As for the University of South Alabama specifically, University President Jo Bonner sent a campus-wide email on March 21 to address the coming changes.

“At South, we welcome all and will continue to do the meaningful work of ensuring members of our community find purpose and place here,” Bonner said. “We will remain committed to academic freedom – benefiting our students, our faculty and the educational process.”

“I recognize and understand that this legislation has caused both uncertainty and apprehension. But I remain confident in our community, the merit of our differences and what unites us in our shared values,” Bonner said.

Director of the Multicultural Leadership Center (MLC), Jarmora Valrie, said, “Everything goes back to the definition of divisive concepts.”

The MLC currently works with several organizations on campus, including the Abeneefoo Kuo Honor Society (ABK), Black Student Union (BSU), Muslim Student Association (MSA), National Society of Black Engineers (NSBE), South Alabama Collegiate Chapter of NAACP and Spectrum.

Valrie stated that the organizations and events held by them are “open to all” and that the MLC works to “encourage a sense of belonging and matter.”

This same inclusivity that the University works to provide as a whole is responsible for the continuing functionality of the majority of its programs and offices, despite the changes being initiated by the bill.

Moving forward, it has been made clear that the University will try to maintain campus culture while also adhering to the law. However, to the knowledge of campus leaders, South is already in compliance with a majority of the bill. Billingsley and her team in the Office of Diversity, Equity and Inclusion are working on developing tools and resources to help guide the campus community in complying with the law. These should be readily available before the law comes into effect on October 1. More information will be shared as changes are made.

This article has been reviewed by the University’s Office of Governmental Relations for accuracy and clarity.