From Indiana Public Media: Indiana University has received almost 50 complaints since the state enacted Senate Enrolled Act 202, an “intellectual diversity” law that allows community members to report faculty conduct. SEA 202 requires faculty to teach “intellectually diverse” ideas in the classroom. If they don't, their tenure could be in jeopardy. The law went into effect ahead of the 2024 fall semester. Colleges were required to summarize their procedures to comply with the law and report the number of complaints to the Commission for Higher Education. IU reported receiving legitimate complaints over political speech as well as complaints filed in protest against SEA 202, according to a document obtained by WFIU/WTIU News.
At least one professor was investigated for claims he violated the intellectual diversity law in the spring semester. By Dec. 31, IU handled nine complaints that claimed faculty violated SEA 202, according to its report to the commission.
“The nine complaints were about eight different situations (i.e., two of the complaints described the same situation), and involved four different IU campuses,” the university reported. “Eight were about political speech in classroom settings and one was about a failure to consider alternate viewpoints on a non-political matter.” ...
Full story at https://indianapublicmedia.org/news/iu-had-almost-50-intellectual-diversity-complaints-against-faculty.php.
Summary of SEA 202:
Amends the duties of state educational institutions' diversity committees. Provides that certain offices or individuals established or employed by a state educational institution (institution) regarding diversity programming must include within the mission of the office or position programming that substantially promotes both cultural and intellectual diversity. Establishes various requirements and restrictions for institutions regarding free inquiry, free expression, and intellectual diversity that does the following: (1) Requires the establishment of certain policies regarding: (A) disciplinary actions for certain persons that materially and substantially disrupt protected expressive activity; (B) limiting or restricting the granting of tenure or a promotion if certain conditions related to free inquiry, free expression, and intellectual diversity are not met; and (C) disciplinary actions that will be taken if, after a review, a determination has been made that a tenured faculty member has failed to meet certain criteria related to free inquiry, free expression, and intellectual diversity. (2) Requires the review and consideration, at least every five years, of certain criteria related to free inquiry, free expression, and intellectual diversity. (3) Requires the establishment of a procedure that allows students and employees to submit complaints that a faculty member or contractor is not meeting certain criteria related to free inquiry, free expression, and intellectual diversity and establishes requirements regarding the procedure and submitted complaints. (4) Establishes consideration requirements before an institution renews an employment agreement or other contract with, makes a bonus decision regarding, or completes a review or performance assessment of a faculty member or contractor. (5) Prohibits requiring an applicant, employee, or contractor to pledge allegiance to or make a statement of personal support for: (A) certain policies or actions; or (B) political or ideological movements. (6) Establishes restrictions regarding awarding admission, enrollment, employment, benefits, hiring, reappointment, promotion, or granting tenure to an applicant, employee, or contractor on the basis of the viewpoints expressed in a submitted pledge or statement. (7) Requires certain information be included in an institution's programming for new students. (8) Requires the adoption of a statement on neutrality that makes a distinction between the official positions of an institution from the individual viewpoints of the institution's employees, contractors, students, and alumni. (9) Allows the commission for higher education (commission) to establish a survey that attempts to collect information from students regarding the current perceptions of whether free speech and academic freedom are recognized and fostered by an institution in a manner that welcomes expression of different opinions and ideologies and requires an institution to promote and provide the survey to students. (10) Establishes various reporting requirements by institutions or the commission concerning complaints submitted regarding faculty members or contractors who are not meeting certain criteria related to free inquiry, free expression, and intellectual diversity. (11) Provides that certain individuals may request the commission to review a final decision by an institution concerning a violation of these provisions. Provides that the commission may enter into an agreement with the office of administrative law proceedings to review violations of certain provisions and issue an opinion on behalf of the commission. Requires each institution to submit certain information by September 1, 2024, and on September 1 of each year thereafter.
Source: https://iga.in.gov/legislative/2024/bills/senate/202/details.
According to the actual bill, the new law covers:
(1) Ball State University. (2) Indiana State University. (3) Indiana University. (4) Ivy Tech Community College. (5) Purdue University. (6) University of Southern Indiana. (7) Vincennes University.
Source: https://iga.in.gov/pdf-documents/123/2024/senate/bills/SB0202/SB0202.06.ENRH.pdf.
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