§ 21-39.5-2-2 — Board of trustees tenure review criteria, prohibited considerations; institutional disciplinary policy; board of trustee policy review, renewal, and amendment; commission review

Indiana § 21-39.5-2-2

• Jurisdiction: Indiana
• Title 21: HIGHER EDUCATION
• Art. 39.5: STATE EDUCATIONAL INSTITUTIONS: THE
• Ch. 2: Tenure, Promotion, Employment, Complaints, and

Text

(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.

Legislative History

As added by P.L.113-2024, SEC.11. Amended by P.L.138-2025, SEC.7.