Former Ole Miss Chancellor Jones files amicus brief opposing Mississippi’s anti-DEI law

• In his brief, Dr. Dan Jones states that the challenged portions of HB 1193 “create a minefield for school boards, administrators, and teachers.” The law restricts the use of DEI when making decisions concerning school employment, academic opportunities, and student engagement in Mississippi public schools and universities.

Dr. Dan Jones, the former Chancellor of Ole Miss who served from 2009 to 2015, has filed an amicus curiae brief in opposition to Mississippi House Bill 1193, the law which supporters contend restricts the use of diversity, equity, and inclusion (DEI) when making decisions concerning school employment, academic opportunities, and student engagement in Mississippi public schools and universities.

The legislation was passed during the 2025 legislative session and signed into law by Governor Tate Reeves (R) that April. Under the law, hiring and academic decisions are to be based on an individual’s merit and qualifications rather than a person’s race, color, sexual orientation, or gender. 

Less than two months after the bill was signed into law, several plaintiffs, represented by the ACLU of Mississippi and the Mississippi Center for Justice, filed suit in an effort to stop the law from taking effect. The lawsuit resulted in U.S. District Judge Henry Wingate granting a preliminary injunction, which paused enforcement of the law.

The state of Mississippi has appealed Wingate’s order to the Fifth Circuit Court of Appeals. A hearing was held on the appeal this week.  

READ MORE: State argues Fifth Circuit should remand Mississippi’s anti-DEI law case to different judge

Similar to the arguments made by the plaintiffs in the case, Jones claims the provisions in HB 1193 “flatly ban discussion of [race, sex, color, gender identity, sexual orientation or national origin] topics in the classroom and in informal, non-classroom discussions between students and teachers.” 

Largely at issue for the plaintiffs is Section 3 (f) of the legislation. It states that each institution, public school or college will not, “Maintain any programs, including academic programs or courses, or offices that promote diversity, equity and inclusion, endorse divisive concepts or concepts promoting transgender ideology, gender-neutral pronouns, deconstruction of heteronormativity, gender theory, sexual privilege or any related formulation of these concepts.” 

In his brief, Jones states that the challenged portions of HB 1193 “create a minefield for school boards, administrators, and teachers.” 

“Schools should be a place where freedom of expression is celebrated, not repressed,” the former Ole Miss Chancellor tells the court.

Jones also calls the potential penalty for violating the law “draconian.” 

“Among other things, if a school violates the act twice and fails to ‘cure’ the violations, it stands to lose its entire state funding,” Jones contends in his brief. “Attempts to stifle and dictate discussion go against the core mission of education at any level. Restricting speech does not eliminate issues – it limits our ability to address and resolve them. These content and viewpoint-based restrictions on speech are not justified by any compelling state interest. In fact, the state’s interest in education should compel discussion of these issues.”

During floor debate on the bill last year, lawmakers presenting the measure to the Mississippi House and Senate said once a complaint is filed with a school or college, the institution has 30 days to investigate and make a formal finding. If the complainant is unsatisfied with the finding, an appeal can be made to their local chancery court, and subsequently the state Supreme Court.

READ MORE: Lawmakers seek to advance merit over DEI in Mississippi public schools and universities

The respective institution has 25 days to correct any valid findings along with five days to report that the violation has been resolved. If a violation is not addressed within those 30 days, state funding could be pulled from the respective educational institution.

State Senator Tyler McCaughn (R) said at the time that he believed there will never be a need to redirect funding from a school or college in the state. 

“We don’t believe that should ever be used as if there is a violation, they should be getting it taken care of,” McCaughn told his colleagues, later clarifying that cuts would only occur after repeat offenses.

“If they fail to act on that second time, they are at a point where something is going to have to happen,” McCaughn added.

A listing of all violations of the policy is to be reported annually by schools and colleges, State Rep. Joey Hood (R) told the House.

In addition to serving as Chancellor, Jones previously served as the vice-chancellor for Health Affairs at Ole Miss as well as a Professor and Dean of the University of Mississippi School of Medicine. He is currently president of the School Board for the Hazelhurst City School District.

During Jones’s time as chancellor, he aggressively promoted racial diversity, including through a 2014 action plan that recommended creating a vice chancellor for diversity and inclusion as well as distancing the university from the name “Ole Miss.”

Jones’ employment was not renewed by the Mississippi Institutions of Higher Learning amid concerns about financial problems at the University of Mississippi Medical Center.

Alan Perry, an IHL Board member at the time of Jones’ ouster, told the press in 2015 that the decision to not renew Jones’s contract was not “a right-wing political plot” nor was it an effort to roll back “the social and racial initiatives Jones had implemented.” Rather, it was a management decision following policy violations regarding spending and contract procurement.

A decision by the Fifth Circuit Court of Appeals is expected to take several weeks.

A copy of Jones’ amicus curiae brief is shown below.