Indiana § 21-39.5-2-1 Application; tenure or promotion policy; prohibited considerations

Indiana Statutes

§ 21-39.5-2-1 — Application; tenure or promotion policy; prohibited considerations

Indiana § 21-39.5-2-1

Title 21HIGHER EDUCATION

Art. 39.5STATE EDUCATIONAL INSTITUTIONS: THE

Ch. 2Tenure, Promotion, Employment, Complaints, and

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Bluebook

Ind. Code § 21-39.5-2-1 (2026).

Text

(a)This section applies to an institution that grants tenure or promotions to faculty members.

(b)Subject to subsection (c), each board of trustees of an institution shall establish a policy that provides that a faculty member may not be granted tenure or a promotion by the institution if, based on past performance or other determination by the board of trustees, the faculty member is:

(1)unlikely to foster a culture of free inquiry, free expression, and intellectual diversity within the institution;

(2)unlikely to expose students to scholarly works from a variety of political or ideological frameworks that may exist within and are applicable to the faculty member's academic discipline; or

(3)likely, while performing teaching duties within the scope of the faculty member's employment,

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(a) This section applies to an institution that
grants tenure or promotions to faculty members.
(b) Subject to subsection (c), each board of trustees of an institution
shall establish a policy that provides that a faculty member may not be
granted tenure or a promotion by the institution if, based on past
performance or other determination by the board of trustees, the faculty
member is:
(1) unlikely to foster a culture of free inquiry, free expression, and
intellectual diversity within the institution;
(2) unlikely to expose students to scholarly works from a variety
of political or ideological frameworks that may exist within and
are applicable to the faculty member's academic discipline; or
(3) likely, while performing teaching duties within the scope of
the faculty member's employment, to subject students to political
or ideological views and opinions that are unrelated to the faculty
member's academic discipline or assigned course of instruction.
(c) A policy established under subsection (b) must provide that the
board of trustees of an institution may not consider the following
actions by a faculty member when determining whether a faculty
member may not be granted tenure or a promotion by the institution:
(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 or mentoring duties at the institution.