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Indiana Code Title 21. Higher Education § 21-39.5-2-2

Current as of January 02, 2024 | Updated by Findlaw Staff

Sec. 2. (a) Not later than five (5) years after the date that a faculty member is granted tenure by an institution and not later than every five (5) years thereafter, the board of trustees of an institution shall review and determine whether the faculty member has met the following criteria:

(1) Helped the institution foster a culture of free inquiry, free expression, and intellectual diversity within the institution.

(2) Introduced students to scholarly works from a variety of political or ideological frameworks that may exist within the curricula established by the:

(A) board of trustees of the institution under IC 21-41-2-1(b);  or

(B) faculty of the institution acting under authority delegated by the board of trustees of the institution.

(3) While performing teaching duties within the scope of the faculty member's employment, refrained from subjecting students to views and opinions concerning matters not related to the faculty member's academic discipline or assigned course of instruction.

(4) Adequately performed academic duties and obligations.

(5) Met any other criteria established by the board of trustees.

(b) When reviewing a faculty member under subsection (a), the board of trustees of an institution shall assess and review the staffing needs of the institution based on the:

(1) branches, campuses, extension centers, colleges, and schools of the institution;  and

(2) degrees or programs of the institution approved by the commission for higher education under IC 21-18-9-5.

(c) If the board of trustees of an institution reviews and makes a determination that a faculty member meets the criteria under subsection (a), the board of trustees shall certify that the board reviewed and made a determination that the faculty member met the criteria.

(d) In determining whether a faculty member has adequately met the criteria under subsection (a), the board of trustees of an institution may not consider the following actions by a faculty member:

(1) Expressing dissent or engaging in research or public commentary on subjects.

(2) Criticizing the institution's leadership.

(3) Engaging in any political activity conducted outside the faculty member's teaching duties at the institution.

(e) The institution shall adopt a policy that establishes disciplinary actions, including:

(1) termination;

(2) demotion;

(3) salary reduction;

(4) other disciplinary action as determined by the institution;  or

(5) any combination of subdivisions (1) through (4);

that the institution will take if the board of trustees determines in a review conducted under subsection (a) that a tenured faculty member has failed to meet one (1) or more of the criteria described in subsection (a)(1) through (a)(5).

(f) The board of trustees of each institution shall, at least every five (5) years, review and renew or amend:

(1) the process for reviewing and making a determination under subsection (a);  and

(2) any criteria established under subsection (a)(5).

(g) A board of trustees of an institution shall submit to the commission for higher education the process and criteria described in subsection (f) each time the process and criteria are reviewed, renewed, or amended by the board of trustees.

(h) The commission for higher education shall promptly do the following:

(1) Review the process and criteria submitted by a board of trustees under subsection (g).

(2) Provide feedback for the board of trustees to consider as the board exercises its statutory responsibility to ensure the requirements of this chapter are satisfied.

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Cite this article: FindLaw.com - Indiana Code Title 21. Higher Education § 21-39.5-2-2 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-21-higher-education/in-code-sect-21-39-5-2-2/

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