North Dakota Code 15-10.7-02 – Specified concept – Prohibition on discrimination
1. A student or employee of an institution under the control of the state board of higher education may not be:
Terms Used In North Dakota Code 15-10.7-02
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Individual: means a human being. See North Dakota Code 1-01-49
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
a. Penalized, discriminated against, or receive adverse treatment due to the individual‘s refusal to support, believe, endorse, embrace, confess, act upon, or otherwise assent to or oppose a specified concept.
b. Required to endorse or oppose a specific ideology or political viewpoint to be eligible for hiring, tenure, promotion, or graduation.
2. An institution under the control of the state board of higher education may not ask the ideological or political viewpoint of a student, job applicant, job candidate, or candidate for promotion or tenure.
3. An individual who believes a violation of this section has occurred may pursue all equitable or legal remedies that may be available to the individual in a state or federal court of competent jurisdiction.