A controversial bill that would require Indiana colleges and universities to scrutinize the “intellectual diversity” of professors is currently awaiting the governor's signature. It would require colleges to refuse tenure to faculty who failed to meet a laundry list of requirements relating to exposing students to what it calls “a variety of political or ideological frameworks” that apply to the faculty member's academic discipline. The bill has been roundly criticized as an attempt to allow schools to impose ideological requirements on faculty members, requirements that could vary depending on the composition of each school's board of trustees. And because many of the state's trustees are appointed by the governor, the ideological makeup of these boards will often reflect the governor's political views.

If you are a faculty member at a public college or university facing tenure or employment challenges because of the political ideology of what you've published or taught, contact the Lento Law Firm Education Law Team for help. Our experienced education law attorneys are familiar with laws and school policies that affect faculty tenure and employment decisions, and we can help you protect your rights as a researcher and educator under state and federal law. Call us at 888.535.3686 or use our contact form to schedule a confidential consultation today.

Indiana's “Intellectual Diversity” Bill

Senate Bill 202, which, as of this writing, awaits Governor Holcomb's signature, imposes new and continuing requirements on public colleges and universities in Indiana. Most notably, the bill requires school trustees to deny tenure to any faculty member who is:

• “unlikely to foster a culture of free inquiry, free expression, and intellectual diversity” at the school or
• “unlikely” to “expose students to scholarly works from a variety of political or ideological frameworks” relating to the faculty member's discipline or
• “likely” to “subject students” to “political or ideological views and opinions” that do not relate to the faculty member's discipline

In addition, each tenured faculty member would have to be re-evaluated every five years to determine whether the professor continued to meet the so-called “intellectual diversity” requirements. While the bill is silent as to the consequences if a faculty member fails the school's ideological litmus test, presumably, the results could be used as part of the school's faculty evaluation process.

Criticism of Senate Bill 202

The Indiana University-Bloomington and Purdue-West Lafayette chapters of the American Association of University Professors issued a joint statement opposing Senate Bill 202. The statement argues that if signed into law, the bill would “severely restrain academic freedom,” and by threatening tenure would make it more difficult to recruit quality faculty members to work in Indiana public colleges and universities.

The joint statement also criticized the bill because it would allow schools to make “hiring, tenure, and promotion” decisions “subject to reviews that judge faculty based on political criteria.” It further objected to the bill's “system of surveillance and political scrutiny” that would “stifle the free flow of ideas.”

The Lento Law Firm Education Law Team Can Help

The experienced attorneys that make up the Lento Law Firm Education Law Team understand the laws, rules, and policies that apply to college faculty employment and tenure decisions at schools across the country. If you have been treated unfairly in the tenure process, or if you have tenure and are facing an administrative or disciplinary situation, or post-tenure review that could result in you losing it, contact us for help. We've represented college and university faculty members in employment- and tenure-related proceedings at schools across the country, and we can help you protect yourself in these kinds of stressful situations.

Call the Lento Law Firm Education Law Team today at 888.535.3686 or use our contact form to schedule a confidential consultation to learn more about how we can help.