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SECOND REGULAR SESSION
SENATE BILL NO. 1192
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR BROWN (26).
4636S.02I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 173, RSMo, by adding thereto one new section relating to diversity, equity, and
inclusion practices at higher education accrediting agencies, with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 173, RSMo, is amended by adding thereto 1
one new section, to be known as section 173.1570, to read as 2
follows:3
173.1570. 1. As used in this section, the following 1
terms mean: 2
(1) "Accreditation", the status of public recognition 3
that an accrediting agency grants to an educational 4
institution, program, or both that meets the agency's 5
standards and requirements; 6
(2) "Accrediting agency", a person or governmental 7
entity that conducts accrediting activities and makes 8
decisions concerning the accreditation or pre-accreditation 9
status of institutions, programs, or both. The term 10
includes any national, regional, or programmatic accrediting 11
agency; 12
(3) "Diversity, equity, and inclusion", any 13
differential treatment of, or assignment of any fault or 14
blame to, an individual or group at an institution of higher 15
education based on race; color; ethnicity; national origin, 16
other than as it relates to immigration status under United 17
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States law; sex, other than as it relates to sex-segregated 18
facilities, such as dormitories and bathrooms, or to 19
athletic programs; sexual orientation; or gender identity; 20
(4) "Diversity, equity, and inclusion practice or 21
procedure", any initiative, policy, program, mandate, 22
requirement, standard, metric, statistic, or other practice 23
or procedure related to diversity, equity, and inclusion; 24
(5) "Institution of higher education", a public 25
postsecondary educational institution in this state, 26
including all of the institution's programs, departments, 27
divisions, offices, centers, colleges, and schools, and any 28
person acting on behalf of any of the foregoing. 29
2. When taking any action involving the accreditation 30
or renewal of accreditation of an institution of higher 31
education, an accrediting agency shall not: 32
(1) Base its accrediting decision in any way on a 33
review or consideration of any diversity, equity, and 34
inclusion practice or procedure; 35
(2) Collect information related to any diversity, 36
equity, and inclusion practice or procedure; or 37
(3) Include any requirement related to any diversity, 38
equity, and inclusion practice or procedure. 39
3. An accrediting agency shall implement policies to 40
ensure that a person who has any decision-making or 41
recommendation authority related to the accreditation or 42
renewal of accreditation of an institution of higher 43
education does not collect and is not presented with any 44
information regarding any diversity, equity, and inclusion 45
practice or procedure. 46
4. Any current or former student or employee of an 47
institution of higher education may bring a civil action 48
against an accrediting agency that conducts accrediting 49
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activities and makes decisions concerning the accreditation 50
of such institution for any violation of subsection 2 or 3 51
of this section that occurred while such person was a 52
student or employee of such institution and that involves 53
such agency's accreditation of such institution. Such 54
action shall be brought in the county where the violation 55
occurred. If the court finds that the accrediting agency 56
violated subsection 2 or 3 of this section, in addition to 57
any other legal or equitable remedies which in the judgment 58
of the court shall be appropriate, the accrediting agency 59
shall pay: 60
(1) The prevailing party's reasonable attorney's fees 61
and court costs; 62
(2) Damages to the prevailing party in an amount equal 63
to three times the amount of money paid by the institution 64
of higher education to the accrediting agency during the 65
applicable time period, which shall be defined as the 66
duration of the accrediting agency's violation, as well as 67
the five years prior to the violation, including dues, fees, 68
and any other payments; and 69
(3) Civil penalties of either: 70
(a) Up to one thousand dollars per student who 71
attended the institution of higher education at the time 72
when the violation occurred; or 73
(b) If no students attended the institution of higher 74
education at the time when the violation occurred, up to one 75
thousand dollars per student who attended the institution 76
during the semester immediately preceding the time when the 77
violation occurred. 78
5. Any violation of subsection 2 or 3 of this section 79
shall constitute an unlawful discriminatory practice, as 80
defined in section 213.010, and an unfair and unlawful 81
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practice, as provided in subsection 1 of section 407.020. 82
The attorney general may investigate and seek appropriate 83
remedies for any violation of subsection 2 or 3 of this 84
section to the full extent provided by law. 85
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