{"data":{"id":"us-ky/krs-164.2894","jurisdiction":"us-ky","citation":"KRS 164.2894","heading":"Definitions for KRS 164.2894 to 164.2899.","body":"As used in KRS 164.2894 to 164.2899:\n(1) \"Affiliated organization\" means an entity whose primary purpose includes\nsupporting or benefitting an institution or an officer, director, or employee of an\ninstitution;\n(2) \"Bias incident\" means noncriminal conduct that is alleged to constitute an act or\nstatement against a particular group or individual because of the group's or\nindividual's religion, race, sex, color, or national origin, or perceived religion, race,\nsex, color, or national origin;\n(3) \"Binding contract\" means any grant, endowment, settle ment agreement,\ncommercial contract, or other legally enforceable agreement entered into by or on\nbehalf of an institution;\n(4) \"Council\" means the Council on Postsecondary Education;\n(5) \"Differential treatment or benefits\" means differential, preferentia l, or prejudicial\ntreatment or consideration and includes the conferring or withholding of a benefit;\n(6) \"Discriminatory concept\" means a concept that justifies or promotes differential\ntreatment or benefits conferred to individuals on the basis of relig ion, race, sex,\ncolor, or national origin, unless the differential treatment or benefit is:\n(a) Excluded from a diversity, equity, and inclusion initiative under an exclusion\nset forth in subsection (7)(b) of this section; or\n(b) Established or required by  law, including but not limited to differential\ntreatment or benefits on the basis of citizenship status;\n(7) \"Diversity, equity, and inclusion initiative\":\n(a) Means a policy, practice, or procedure designed or implemented to promote or\nprovide differential treatment or benefits to individuals on the basis of\nreligion, race, sex, color, or national origin, including but not limited to any\nsuch policy, practice, o r procedure related to employment, employee\nrecruitment, employee hiring, employee promotion, contracts, contract\nrenewal, student recruitment, student admission, student housing, financial\nassistance, and scholarship awards; and\n(b) Does not include:\n1. A policy, practice, procedure, office, employee, training, program, or\nactivity that is required pursuant to:\na. The Americans with Disabilities Act of 1990, 42 U.S.C. sec.\n12101 et seq., as amended;\nb. The Individuals with Disabilities Education Act, 20 U. S.C. sec.\n1400 et seq., as amended;\nc. The Federal Age Discrimination in Employment Act of 1967, 29\nU.S.C. sec. 621 et seq., as amended;\nd. The federal Civil Rights Act of 1964, Pub. L. No. 88 -352, as\namended;\ne. Title IX of the Education Amendments of 197 2, 20 U.S.C. sec.\n1681 et seq.;\nf. The Religious Freedom Restoration Act of 1993, 42 U.S.C. 21B\nsec. 2000bb et seq.;\ng. The Kentucky Religious Freedom Restoration Act, KRS 446.350;\nh. Any other applicable federal or state law;\ni. A court order; or\nj. A binding contract entered into prior to the June 27, 2025;\n2. A bona fide qualification or accommodation based on sex that is\nhistorically maintained in the usual course of operating an institution,\nincluding but not limited to:\na. Sex-based athletic eligibility restrictions;\nb. Sex-based fraternal organization membership restrictions;\nc. Sex-based restrictions required to establish or maintain separate\nliving facilities for members of a single biological sex; or\nd. Bona fide occupational qualifications reason ably necessary to the\nnormal operation of the institution;\n3. A bona fide accommodation based on religion that is required under any\napplicable federal or state law;\n4. Differential treatment or benefits necessary to provide medical treatment\nor information; or\n5. Services and programming of resource centers, provided that the\nparticipation of each student, faculty member, staff member, and\nvolunteer in each resource center program is optional, not mandatory,\nand that access to center services is not restri cted on the basis of\nreligion, race, sex, color, or national origin;\n(8) \"Diversity, equity, and inclusion office\" means a nonacademic office, division, or\nother unit of an institution that is:\n(a) Responsible for developing, implementing, or promoting a d iscriminatory\nconcept, a diversity, equity, and inclusion training, or a diversity, equity, and\ninclusion initiative, regardless of whether the office is designated by the\ninstitution as a diversity, equity, and inclusion office; and\n(b) Not expressly requ ired pursuant to applicable federal or state law, a court\norder, or a binding contract entered into prior to June 27, 2025;\n(9) \"Diversity, equity, and inclusion officer\" means an employee, contractor, or\nvolunteer:\n(a) Whose responsibilities include developing, implementing, or promoting a\ndiscriminatory concept, diversity, equity, and inclusion training, or a diversity,\nequity, and inclusion initiative outside of the context of academic courses or\ninstruction, regardles s of whether the position is designated as a diversity,\nequity, and inclusion position or affiliated with a diversity, equity, and\ninclusion office; and\n(b) Who serves in a role that is not expressly required pursuant to applicable\nfederal or state law, a court order, or a binding contract entered into prior to\nJune 27, 2025;\n(10) \"Diversity, equity, and inclusion training\" means a training, conference,\npresentation, meeting, or professional development that:\n(a) Contains, implements, or promotes a discriminatory concept;\n(b) Is not expressly required pursuant to applicable federal or state law, a court\norder, or a binding contract entered into prior to June 27, 2025; and\n(c) Does not include academic courses or instruction;\n(11) \"Governing board\" means the governing board of an institution;\n(12) \"Indoctrinate\" means to imbue or attempt to imbue another individual with an\nopinion, point of view, or principle without consideration of any alternative\nopinion, point of view, or principle;\n(13) \"Institution\" mean s a public postsecondary education institution and includes all\nprograms, departments, divisions, offices, centers, colleges, student governments,\naffiliated organizations, and any individual acting in an official capacity on behalf\nof a public postsecondary institution and does not include student organizations;\n(14) \"Resource\" means:\n(a) Moneys appropriated by the General Assembly;\n(b) Moneys or items of value derived from bequests, charges, deposits, donations,\nendowments, fees, grants, gifts, income, receipts, tuition, or any other source;\n(c) Materials and other physical resources;\n(d) Digital resources, including an official website, digital application, or social\nmedia page of an institution; or\n(e) Faculty, staff, volunteers, and other human resources;\n(15) \"Resource center\" means a center maintained by an institution that offers services\nor programming for students, faculty, staff, and volunteers, including but not\nlimited to centers that offer academic, health, religious, disability, community, and\ncareer resources, services, and support; and\n(16) \"Student-on-student harassment\" means unwelcome conduct directed toward a\nstudent by another student that is so severe, pervasive, and objectively offensive\nthat it effectively denies equal access to an educational opportunity or benefit.","path":["KRS Chapter 164"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=56405","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:15Z","sha256":"6924056f560bffa31983f0a2eecc8234a3c080c0d1a74b63cabef00876f6b12a","source_id":"us-ky","stale":false,"prev":"us-ky/krs-164.2893","next":"us-ky/krs-164.2895"},"notice":"GroundRules: Original legal text. Not legal advice."}