Text of IN SB 202 (2024)
State educational institution matters.
Legislative text is a public record. Where LegiScan supplied it, the CC BY 4.0 credit applies.
Source: LegiScan. Bill data and text from LegiScan (legiscan.com), licensed CC BY 4.0 and used in modified form. LegiScan does not endorse the Trans Data Initiative. License: CC BY 4.0(opens another site). Source page(opens another site)
As introduced
31,612 characters
Introduced Version
SENATE BILL No. 202
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 21-27; IC 21-38-10; IC 21-39-8-12;
IC 21-39.5.
Synopsis: State educational institution matters. Amends the duties of
state educational institutions' diversity committees to: (1) include
cultural and intellectual diversity matters; and (2) make
recommendations to promote recruitment and retention of
underrepresented (instead of minority) students. 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
(Continued next page)
Effective: July 1, 2024.
Deery, Raatz, Johnson T
January 9, 2024, read first time and referred to Committee on Education and Career
Development.
2024
IN 202—LS 6786/DI 110
Digest Continued
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 any: (A)
policies or actions that would treat similarly situated people or groups
of people differently based on the race, color, national origin, sex,
sexual orientation, or religion; 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 the following: (A) Complaints submitted
regarding faculty members or contractors who are not meeting certain
criteria related to free inquiry, free expression, and intellectual
diversity. (B) Institutions' budget allocations for diversity, equity, and
inclusion initiatives. (11) Provides that certain individuals may request
the commission to review a final decision by an institution concerning
a violation of these provisions.
2024
IN 202—LS 6786/DI 110
2024
IN 202—LS 6786/DI 110
Introduced
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
SENATE BILL No. 202
A BILL FOR AN ACT to amend the Indiana Code concerning
higher education.
Be it enacted by the General Assembly of the State of Indiana:
1
SECTION 1. IC 21-27-3-5, AS ADDED BY P.L.167-2007,
2
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3
JULY 1, 2024]: Sec. 5. (a) The board of trustees shall create a diversity
4
committee to do the following:
5
(1) Review and recommend faculty employment policies
6
concerning cultural and intellectual diversity issues.
7
(2) Review faculty and administration personnel complaints
8
concerning cultural and intellectual diversity issues.
9
(3) Make recommendations to promote and maintain cultural and
10
intellectual diversity among faculty members.
11
(4) Make recommendations to promote recruitment and retention
12
of minority underrepresented students.
13
(b) The diversity committee shall issue an annual report stating the
14
findings, conclusions, and recommendations of the committee to the
15
board of trustees.
2024
IN 202—LS 6786/DI 110
2
1
SECTION 2. IC 21-27-4-4, AS ADDED BY P.L.167-2007,
2
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3
JULY 1, 2024]: Sec. 4. (a) The board of trustees shall create a diversity
4
committee at the home campus and at each regional campus to do the
5
following:
6
(1) Review and recommend faculty employment policies
7
concerning cultural and intellectual diversity issues.
8
(2) Review faculty and administration personnel complaints
9
concerning cultural and intellectual diversity issues.
10
(3) Make recommendations to promote and maintain cultural and
11
intellectual diversity among faculty members.
12
(4) Make recommendations to promote recruitment and retention
13
of minority underrepresented students.
14
(b) The diversity committee shall issue an annual report stating the
15
findings, conclusions, and recommendations of the committee to the
16
board of trustees.
17
SECTION 3. IC 21-27-5-4, AS ADDED BY P.L.167-2007,
18
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19
JULY 1, 2024]: Sec. 4. (a) The board of trustees shall create a diversity
20
committee to do the following:
21
(1) Review and recommend faculty employment policies
22
concerning cultural and intellectual diversity issues.
23
(2) Review faculty and administration personnel complaints
24
concerning cultural and intellectual diversity issues.
25
(3) Make recommendations to promote and maintain cultural and
26
intellectual diversity among faculty members.
27
(4) Make recommendations to promote recruitment and retention
28
of minority underrepresented students.
29
(b) The diversity committee shall issue an annual report stating the
30
findings, conclusions, and recommendations of the committee to the
31
board of trustees.
32
SECTION 4. IC 21-27-6-7, AS AMENDED BY P.L.174-2018,
33
SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34
JULY 1, 2024]: Sec. 7. (a) The board of trustees shall create a diversity
35
committee at the home campus and at each campus to do the following:
36
(1) Review and recommend faculty employment policies
37
concerning cultural and intellectual diversity issues.
38
(2) Review faculty and administration personnel complaints
39
concerning cultural and intellectual diversity issues.
40
(3) Make recommendations to promote and maintain cultural and
41
intellectual diversity among faculty members.
42
(4) Make recommendations to promote recruitment and retention
2024
IN 202—LS 6786/DI 110
3
1
of minority underrepresented students.
2
(b) The diversity committee shall issue an annual report stating the
3
findings, conclusions, and recommendations of the committee to the
4
state board.
5
SECTION 5. IC 21-27-7-6, AS ADDED BY P.L.167-2007,
6
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7
JULY 1, 2024]: Sec. 6. (a) The board of trustees shall create a diversity
8
committee at the home campus and at each regional campus to do the
9
following:
10
(1) Review and recommend faculty employment policies
11
concerning cultural and intellectual diversity issues.
12
(2) Review faculty and administration personnel complaints
13
concerning cultural and intellectual diversity issues.
14
(3) Make recommendations to promote and maintain cultural and
15
intellectual diversity among faculty members.
16
(4) Make recommendations to promote recruitment and retention
17
of minority underrepresented students.
18
(b) The diversity committee shall issue an annual report stating the
19
findings, conclusions, and recommendations of the committee to the
20
board of trustees.
21
SECTION 6. IC 21-27-8-7, AS ADDED BY P.L.167-2007,
22
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23
JULY 1, 2024]: Sec. 7. (a) The board shall create a diversity committee
24
to do the following:
25
(1) Review and recommend faculty employment policies
26
concerning cultural and intellectual diversity issues.
27
(2) Review faculty and administration personnel complaints
28
concerning cultural and intellectual diversity issues.
29
(3) Make recommendations to promote and maintain cultural and
30
intellectual diversity among faculty members.
31
(4) Make recommendations to promote recruitment and retention
32
of minority underrepresented students.
33
(b) The diversity committee shall issue an annual report stating the
34
findings, conclusions, and recommendations of the committee to the
35
board.
36
SECTION 7. IC 21-27-9-6, AS ADDED BY P.L.167-2007,
37
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38
JULY 1, 2024]: Sec. 6. (a) The board of trustees shall create a diversity
39
committee at the home campus and at each regional campus to do the
40
following:
41
(1) Review and recommend faculty employment policies
42
concerning cultural and intellectual diversity issues.
2024
IN 202—LS 6786/DI 110
4
1
(2) Review faculty and administration personnel complaints
2
concerning cultural and intellectual diversity issues.
3
(3) Make recommendations to promote and maintain cultural and
4
intellectual diversity among faculty members.
5
(4) Make recommendations to promote recruitment and retention
6
of minority underrepresented students.
7
(b) The diversity committee shall issue an annual report stating the
8
findings, conclusions, and recommendations of the committee to the
9
board of trustees.
10
SECTION 8. IC 21-38-10 IS ADDED TO THE INDIANA CODE
11
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
12
JULY 1, 2024]:
13
Chapter 10. Diversity Programming
14
Sec. 1. A state educational institution that establishes, supports,
15
sustains, or employs an office or individual whose primary duties
16
include coordinating, creating, developing, designing,
17
implementing, organizing, planning, or promoting noncredit
18
earning diversity programming shall include within the mission of
19
the office or position programming that substantially promotes
20
both cultural and intellectual diversity.
21
SECTION 9. IC 21-39-8-12, AS ADDED BY P.L.145-2022,
22
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23
JULY 1, 2024]: Sec. 12. A state educational institution shall:
24
(1) create student protected expressive activity policies that are
25
consistent with this chapter;
26
(2) create a policy that includes a range of disciplinary actions
27
with regard to an employee, student, student organization, or
28
contractor of the state educational institution that materially
29
and substantially disrupts the protected expressive activity of
30
another employee, student, student organization, or
31
contractor of the state educational institution;
32
(2) (3) make protected expressive activity policies created under
33
subdivisions (1) and (2) public in the state educational
34
institution's handbooks, on the state educational institution's
35
Internet web site, website, and at the state educational institution's
36
student orientation programs; and
37
(3) (4) develop materials, programs, and procedures to ensure that
38
individuals who are responsible for disciplining and educating
39
students, including administrators, campus police officers,
40
residence life officials, and professors, understand the policies,
41
regulations, and duties of the state educational institution
42
regarding protected expressive activity on campus.
2024
IN 202—LS 6786/DI 110
5
1
SECTION 10. IC 21-39.5 IS ADDED TO THE INDIANA CODE
2
AS A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY
3
1, 2024]:
4
ARTICLE 39.5. STATE EDUCATIONAL INSTITUTIONS:
5
THE PROTECTION OF FREE INQUIRY, FREE EXPRESSION,
6
AND INTELLECTUAL DIVERSITY
7
Chapter 1. Definitions
8
Sec. 1. The definitions in this chapter apply throughout this
9
article.
10
Sec. 2. "Board of trustees" refers to the board of trustees of
11
each of the following:
12
(1) Ball State University.
13
(2) Indiana State University.
14
(3) Indiana University.
15
(4) Ivy Tech Community College.
16
(5) Purdue University.
17
(6) University of Southern Indiana.
18
(7) Vincennes University.
19
Sec. 3. "Faculty member" means an employee of an institution
20
whose employment duties include teaching or mentoring students
21
of the institution.
22
Sec. 4. "Institution" refers to a state educational institution.
23
Sec. 5. "Intellectual diversity" means multiple, divergent, and
24
varied scholarly perspectives on an extensive range of public policy
25
issues.
26
Sec. 6. "Promotion" means the advancement of a faculty
27
member's employment position to a higher rank, level, or
28
distinction within an institution.
29
Sec. 7. "Tenure" means a status of continuous employment
30
granted to a faculty member of an institution in which the faculty
31
member may not be dismissed except for good cause or in
32
accordance with one (1) or more of the following:
33
(1) The policies and procedures adopted by the institution.
34
(2) An employment agreement entered into between the
35
institution and faculty member.
36
Chapter 2. Tenure, Promotion, Employment, Complaints, and
37
Disciplinary Actions
38
Sec. 1. (a) This section applies to an institution that grants
39
tenure or promotions to faculty members.
40
(b) Each board of trustees of an institution shall establish a
41
policy that provides that a faculty member may not be granted
42
tenure or a promotion by the institution if, based on past
2024
IN 202—LS 6786/DI 110
6
1
performance or other determination by the board of trustees, the
2
faculty member is:
3
(1) unlikely to foster a culture of free inquiry, free expression,
4
and intellectual diversity within the institution;
5
(2) unlikely to expose students to scholarly works from a
6
variety of political or ideological frameworks that may exist
7
within and are applicable to the faculty member's academic
8
discipline; or
9
(3) likely, while performing teaching or mentoring duties
10
within the scope of the faculty member's employment, to
11
subject students to political or ideological views and opinions
12
that are unrelated to the faculty member's academic
13
discipline or assigned course of instruction.
14
Sec. 2. (a) Not later than five (5) years after the date that a
15
faculty member is granted tenure by an institution and not later
16
than every five (5) years thereafter, the board of trustees of an
17
institution shall review and determine whether the faculty member
18
has:
19
(1) helped the institution foster a culture of free inquiry, free
20
expression, and intellectual diversity within the institution;
21
(2) introduced students to scholarly works from a variety of
22
political or ideological frameworks that may exist within the
23
faculty member's academic discipline or within courses the
24
faculty member has taught;
25
(3) while performing teaching or mentoring duties within the
26
scope of the faculty member's employment, refrained from
27
subjecting students to views and opinions concerning matters
28
not related to the faculty member's academic discipline or
29
assigned course of instruction;
30
(4) adequately performed academic duties and obligations;
31
and
32
(5) met any other criteria established by the board of trustees.
33
(b) If the board of trustees of an institution reviews and makes
34
a determination that a faculty member meets the criteria under
35
subsection (a), the board of trustees shall certify that the board
36
reviewed and made a determination that the faculty member met
37
the criteria.
38
(c) In determining whether a faculty member has adequately
39
performed academic duties and obligations under subsection (a)(4),
40
the board of trustees of an institution may not consider the
41
following actions by a faculty member:
42
(1) Expressing dissent or engaging in research or public
2024
IN 202—LS 6786/DI 110
7
1
commentary on subjects.
2
(2) Criticizing the institution's leadership.
3
(3) Engaging in any political activity conducted outside the
4
faculty member's teaching or mentoring duties at the
5
institution.
6
(d) The institution shall adopt a policy that establishes
7
disciplinary actions, including:
8
(1) termination;
9
(2) demotion;
10
(3) salary reduction;
11
(4) other disciplinary action as determined by the institution;
12
or
13
(5) any combination of subdivisions (1) through (4);
14
that the institution will take if the board of trustees determines in
15
a review conducted under subsection (a) that a tenured faculty
16
member has failed to meet one (1) or more of the criteria described
17
in subsection (a)(1) through (a)(5).
18
(e) The board of trustees of each institution shall, at least every
19
five (5) years, review and renew or amend:
20
(1) the process for reviewing and making a determination
21
under subsection (a); and
22
(2) any criteria established under subsection (a)(5).
23
Sec. 3. (a) This section applies to the following:
24
(1) A faculty member.
25
(2) A person with whom the institution contracts to teach or
26
mentor a student of the institution.
27
(b) Before an institution:
28
(1) renews an employment agreement or other contract with;
29
(2) makes a bonus decision regarding; or
30
(3) completes a review or performance assessment of;
31
a faculty member or person described in subsection (a), the
32
institution shall give substantial consideration to the faculty
33
member's or person's performance regarding the criteria
34
described in section 2(a)(1) through 2(a)(5) of this chapter.
35
Sec. 4. (a) Each institution shall do the following:
36
(1) Establish a procedure that allows both students and
37
employees to submit complaints that a faculty member or
38
person described in section 3(a) of this chapter is not meeting
39
the criteria described in section 2(a)(1) through 2(a)(5) of this
40
chapter.
41
(2) Provide information regarding the procedure established
42
under subdivision (1):
2024
IN 202—LS 6786/DI 110
8
1
(A) at student orientations;
2
(B) on the institution's website; and
3
(C) during employee onboarding programs.
4
(3) Refer complaints submitted under subdivision (1) to
5
appropriate human resource professionals and supervisors
6
for consideration in employee reviews and tenure and
7
promotion decisions.
8
(4) Make complaints submitted under subdivision (1) and any
9
relevant documents, summaries, or investigations available to
10
the board of trustees of the institution.
11
(5) Not later than April 1, 2025, and not later than April 1
12
each year thereafter, submit a report to the commission for
13
higher education that summarizes the following:
14
(A) The procedure that the institution established under
15
subdivision (1) for the submission of complaints.
16
(B) How and when the institution has provided or made
17
available the information concerning the submission of
18
complaints procedure to students, faculty members, other
19
employees, and contractors of the institution.
20
(C) The number of complaints submitted, disaggregated by
21
a brief description of the types or categories of complaints
22
submitted, during the previous calendar year.
23
(b) The commission for higher education shall do the following:
24
(1) Prepare a report that provides the following information:
25
(A) The total number of complaint submissions that each
26
institution received as provided by the institution under
27
subsection (a)(5).
28
(B) The number of complaint submissions as described in
29
clause (A), disaggregated by a brief description of the types
30
or categories of complaints submitted.
31
(2) Not later than July 1, 2025, and not later than July 1 of
32
each odd-numbered year thereafter, submit the report
33
described in subdivision (1) to the following:
34
(A) The legislative council in an electronic format under
35
IC 5-14-6.
36
(B) The budget committee.
37
(c) An institution and the commission for higher education may
38
not include information in a report submitted under this section
39
that identifies the following:
40
(1) A student or employee who submits a complaint under this
41
section.
42
(2) A faculty member or person described in section 3(a)(2) of
2024
IN 202—LS 6786/DI 110
9
1
this chapter against whom a complaint was submitted.
2
Sec. 5. If an institution is unable to fully comply with this
3
chapter due to an employment agreement entered into with a
4
faculty member or person described in section 3(a) of this chapter
5
before July 1, 2024, the institution shall attempt to comply with this
6
chapter to the extent possible under the employment agreement
7
with the faculty member or person.
8
Sec. 6. Nothing in this chapter prohibits or restricts a board of
9
trustees of an institution from establishing additional policies or
10
criteria.
11
Chapter 3. Requirements Regarding Students, Employees,
12
Contractors, and Applicants
13
Sec. 1. (a) This section applies to the following:
14
(1) An applicant for admission, enrollment, or employment at
15
an institution.
16
(2) An employee of the institution.
17
(3) A person with whom the institution contracts to teach or
18
mentor a student of the institution.
19
(b) An institution may not require an applicant, an employee, or
20
a person described in subsection (a) to pledge allegiance to or make
21
a statement of personal support for any:
22
(1) policy or action that would treat similarly situated people
23
or groups of people differently based on the race, color,
24
national origin, sex, sexual orientation, or religion; or
25
(2) political or ideological movement.
26
(c) If an institution receives a pledge or statement described in
27
subsection (b), including any statement regarding diversity, equity,
28
and inclusion, or related topics, the institution may not award:
29
(1) admission, enrollment, or employment;
30
(2) benefits;
31
(3) hiring, reappointment, or promotion; or
32
(4) granting tenure;
33
to an applicant, an employee, or a person described in subsection
34
(a) on the basis of the viewpoints expressed in the pledge or
35
statement.
36
Sec. 2. An institution shall include the following information in
37
the institution's programming for new students:
38
(1) The importance of:
39
(A) free inquiry and free expression; and
40
(B) intellectual diversity of viewpoints.
41
(2) The appropriate and inappropriate responses to speech
42
that a student finds offensive or disagreeable.
2024
IN 202—LS 6786/DI 110
10
1
Chapter. 4. Policy on Neutrality
2
Sec. 1. The board of trustees of each institution shall adopt a
3
policy on the neutrality of the institution that makes a distinction
4
between the official positions of the institution, including its
5
schools, colleges, and departments, from the individual viewpoints
6
of the institution's employees, contractors, students, and alumni.
7
Sec. 2. A policy adopted under section 1 of this chapter must
8
limit the circumstances in which an employee or group of
9
employees from the institution may establish an official institution,
10
school, college, or department position on political, moral, or
11
ideological issues to only those circumstances that affect the core
12
mission of the institution and its values of free inquiry, free
13
expression, and intellectual diversity.
14
Sec. 3. Nothing in this chapter may be construed to limit the:
15
(1) free speech of any individual beyond any employment
16
requirements established by the institution; or
17
(2) ability of an institution to advocate for state funding or
18
educational policies to the state or federal government.
19
Chapter 5. Reporting Requirements
20
Sec. 1. The commission for higher education may establish a
21
student survey that attempts to collect information from students
22
of an institution regarding the current perceptions of whether free
23
speech and academic freedom are recognized and fostered by the
24
institution in a manner that welcomes expression of different
25
opinions and ideologies with respect to, but not limited to, classes,
26
faculty members and other instructors, peer interactions, speakers,
27
and campus groups.
28
Sec. 2. If the commission for higher education establishes a
29
student survey under section 1 of this chapter, each institution may
30
promote and provide to students the survey established under
31
section 1 of this chapter.
32
Sec. 3. If the commission for higher education establishes a
33
student survey under section 1 of this chapter, the commission for
34
higher education may do the following:
35
(1) Prepare a biennial report that summarizes, for each
36
institution, the information collected from the student survey
37
responses.
38
(2) Submit the report described in subdivision (1) to the
39
legislative council in an electronic format under IC 5-14-6.
40
(3) Post the report on the commission for higher education's
41
website.
42
Sec. 4. (a) Not later than May 1, 2025, and not later than May 1
2024
IN 202—LS 6786/DI 110
11
1
of each odd-numbered year thereafter, each institution shall
2
submit data to the commission for higher education describing the
3
institution's budget allocations for diversity, equity, and inclusion
4
initiatives.
5
(b) The commission for higher education shall do the following:
6
(1) Prepare a report that summarizes the information in the
7
reports submitted by the institutions under subsection (a).
8
(2) Not later than July 1, 2025, and not later than July 1 of
9
each odd-numbered year thereafter, submit the report
10
described in subdivision (1) to:
11
(A) The legislative council in an electronic format under
12
IC 5-14-6.
13
(B) The budget committee.
14
(c) The commission for higher education shall do the following:
15
(1) Establish guidelines for institutions regarding initiatives
16
that are considered diversity, equity, and inclusion initiatives
17
under subsection (a).
18
(2) Post the guidelines established under subdivision (1) on the
19
commission for higher education's website.
20
Sec. 5. An institution and the commission for higher education
21
may not include information in a report submitted under this
22
chapter that identifies an individual student.
23
Chapter 6. Construction and Enforcement
24
Sec. 1. Nothing in this article may be construed to do the
25
following:
26
(1) Preclude efforts to gauge an applicant's commitment,
27
plans, or past performance in fostering intellectual diversity.
28
(2) Prohibit an institution from:
29
(A) requiring a student, faculty member, contractor, or
30
any other employee of the institution to comply with
31
federal or state antidiscrimination laws; or
32
(B) taking action against a student, faculty member,
33
contractor, or any other employee of the institution for a
34
violation of federal or state antidiscrimination laws.
35
(3) Limit or restrict the academic freedom of faculty members
36
or prevent faculty members from teaching, researching, or
37
writing publications about diversity, equity, and inclusion or
38
other topics.
39
(4) Prohibit an institution from considering the subject matter
40
competency of any candidate for employment, reappointment,
41
tenure, or promotion when the subject matter is germane to
42
the candidate's or faculty member's field of scholarship.
2024
IN 202—LS 6786/DI 110
12
1
(5) Prohibit an institution from considering the candidate's or
2
faculty member's past or potential for future contributions to
3
fostering a culture of intellectual diversity at the institution.
4
(6) Prohibit an institution from complying with federal
5
requirements to be eligible for federal grants.
6
Sec. 2. (a) As used in this chapter, "petitioner" means any of the
7
following:
8
(1) A student of an institution.
9
(2) An employee of an institution.
10
(3) A contractor of an institution.
11
(4) An applicant for admission, enrollment, or employment
12
with the institution.
13
(b) After completing any applicable complaint process
14
established by the institution regarding a violation of this article,
15
a petitioner who is not satisfied with a final decision by the
16
institution regarding a complaint of a violation of this article, may
17
submit a request to the commission for higher education, on a form
18
prescribed by the commission for higher education, to review any
19
complaint by the petitioner and decision by the institution, as
20
applicable.
21
(c) The commission for higher education shall review the
22
request submitted under subsection (b) and issue a final order
23
regarding the request not later than sixty (60) days after the date
24
that the commission for higher education receives the request.
2024
IN 202—LS 6786/DI 110
As enrolled or final
30,863 characters
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 202
AN ACT to amend the Indiana Code concerning higher education.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 4-15-10.5-4, AS ADDED BY P.L.205-2019,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 4. (a) Except as provided in subsection (b), as
used in this chapter, "agency" means an authority, board, branch,
bureau, commission, committee, council, department, division, office,
service, or other instrumentality of the executive, including the
administrative, department of state government. The term does not
include any of the following:
(1) Any body corporate and politic set up as an instrumentality of
the state.
(2) Any private, nonprofit, government related corporation.
(3) The judicial department of state government.
(4) The legislative department of state government.
(5) A state educational institution.
(6) A political subdivision.
(b) The term includes a state educational institution if the office,
pursuant to IC 21-39.5-6-2(d), reviews a state educational
institution's final decision regarding a violation of IC 21-39.5 and
issues an opinion on behalf of the commission for higher education.
SECTION 2. IC 21-27-3-5, AS ADDED BY P.L.167-2007,
SEA 202 — Concur
2
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 5. (a) The board of trustees shall create a diversity
committee to do the following:
(1) Review and recommend faculty employment policies
concerning cultural and intellectual diversity issues.
(2) Review faculty and administration personnel complaints
concerning cultural and intellectual diversity issues.
(3) Make recommendations to promote and maintain cultural and
intellectual diversity among faculty members.
(4) Make recommendations to promote recruitment and retention
of minority and underrepresented students.
(b) The diversity committee shall issue an annual report stating the
findings, conclusions, and recommendations of the committee to the
board of trustees.
SECTION 3. IC 21-27-4-4, AS ADDED BY P.L.167-2007,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 4. (a) The board of trustees shall create a diversity
committee at the home campus and at each regional campus to do the
following:
(1) Review and recommend faculty employment policies
concerning cultural and intellectual diversity issues.
(2) Review faculty and administration personnel complaints
concerning cultural and intellectual diversity issues.
(3) Make recommendations to promote and maintain cultural and
intellectual diversity among faculty members.
(4) Make recommendations to promote recruitment and retention
of minority and underrepresented students.
(b) The diversity committee shall issue an annual report stating the
findings, conclusions, and recommendations of the committee to the
board of trustees.
SECTION 4. IC 21-27-5-4, AS ADDED BY P.L.167-2007,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 4. (a) The board of trustees shall create a diversity
committee to do the following:
(1) Review and recommend faculty employment policies
concerning cultural and intellectual diversity issues.
(2) Review faculty and administration personnel complaints
concerning cultural and intellectual diversity issues.
(3) Make recommendations to promote and maintain cultural and
intellectual diversity among faculty members.
(4) Make recommendations to promote recruitment and retention
of minority and underrepresented students.
SEA 202 — Concur
3
(b) The diversity committee shall issue an annual report stating the
findings, conclusions, and recommendations of the committee to the
board of trustees.
SECTION 5. IC 21-27-6-7, AS AMENDED BY P.L.174-2018,
SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 7. (a) The board of trustees shall create a diversity
committee at the home campus and at each campus to do the following:
(1) Review and recommend faculty employment policies
concerning cultural and intellectual diversity issues.
(2) Review faculty and administration personnel complaints
concerning cultural and intellectual diversity issues.
(3) Make recommendations to promote and maintain cultural and
intellectual diversity among faculty members.
(4) Make recommendations to promote recruitment and retention
of minority and underrepresented students.
(b) The diversity committee shall issue an annual report stating the
findings, conclusions, and recommendations of the committee to the
state board.
SECTION 6. IC 21-27-7-6, AS ADDED BY P.L.167-2007,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 6. (a) The board of trustees shall create a diversity
committee at the home campus and at each regional campus to do the
following:
(1) Review and recommend faculty employment policies
concerning cultural and intellectual diversity issues.
(2) Review faculty and administration personnel complaints
concerning cultural and intellectual diversity issues.
(3) Make recommendations to promote and maintain cultural and
intellectual diversity among faculty members.
(4) Make recommendations to promote recruitment and retention
of minority and underrepresented students.
(b) The diversity committee shall issue an annual report stating the
findings, conclusions, and recommendations of the committee to the
board of trustees.
SECTION 7. IC 21-27-8-7, AS ADDED BY P.L.167-2007,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 7. (a) The board shall create a diversity committee
to do the following:
(1) Review and recommend faculty employment policies
concerning cultural and intellectual diversity issues.
(2) Review faculty and administration personnel complaints
concerning cultural and intellectual diversity issues.
SEA 202 — Concur
4
(3) Make recommendations to promote and maintain cultural and
intellectual diversity among faculty members.
(4) Make recommendations to promote recruitment and retention
of minority and underrepresented students.
(b) The diversity committee shall issue an annual report stating the
findings, conclusions, and recommendations of the committee to the
board.
SECTION 8. IC 21-27-9-6, AS ADDED BY P.L.167-2007,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 6. (a) The board of trustees shall create a diversity
committee at the home campus and at each regional campus to do the
following:
(1) Review and recommend faculty employment policies
concerning cultural and intellectual diversity issues.
(2) Review faculty and administration personnel complaints
concerning cultural and intellectual diversity issues.
(3) Make recommendations to promote and maintain cultural and
intellectual diversity among faculty members.
(4) Make recommendations to promote recruitment and retention
of minority and underrepresented students.
(b) The diversity committee shall issue an annual report stating the
findings, conclusions, and recommendations of the committee to the
board of trustees.
SECTION 9. IC 21-38-10 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]:
Chapter 10. Diversity Programming
Sec. 1. A state educational institution that establishes, supports,
sustains, or employs an office or individual whose primary duties
include coordinating, creating, developing, designing,
implementing, organizing, planning, or promoting noncredit
earning diversity programming shall include within the mission of
the office or position programming that substantially promotes
both cultural and intellectual diversity.
SECTION 10. IC 21-39-8-12, AS ADDED BY P.L.145-2022,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 12. A state educational institution shall:
(1) create student protected expressive activity policies that are
consistent with this chapter;
(2) create a policy that includes a range of disciplinary actions
with regard to an employee, student, student organization, or
contractor of the state educational institution that materially
SEA 202 — Concur
5
and substantially disrupts the protected expressive activity of
another employee, student, student organization, or
contractor of the state educational institution;
(2) (3) make protected expressive activity policies created under
subdivisions (1) and (2) public in the state educational
institution's handbooks, on the state educational institution's
Internet web site, website, and at the state educational institution's
student orientation programs; and
(3) (4) develop materials, programs, and procedures to ensure that
individuals who are responsible for disciplining and educating
students, including administrators, campus police officers,
residence life officials, and professors, understand the policies,
regulations, and duties of the state educational institution
regarding protected expressive activity on campus.
SECTION 11. IC 21-39.5 IS ADDED TO THE INDIANA CODE
AS A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2024]:
ARTICLE 39.5. STATE EDUCATIONAL INSTITUTIONS:
THE PROTECTION OF FREE INQUIRY, FREE EXPRESSION,
AND INTELLECTUAL DIVERSITY
Chapter 1. Definitions
Sec. 1. The definitions in this chapter apply throughout this
article.
Sec. 2. "Board of trustees" refers to the board of trustees of
each of the following:
(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.
Sec. 3. "Faculty member" means an employee of an institution
whose employment duties include teaching students of the
institution.
Sec. 4. "Institution" refers to a state educational institution.
Sec. 5. "Intellectual diversity" means multiple, divergent, and
varied scholarly perspectives on an extensive range of public policy
issues.
Sec. 6. "Promotion" means the advancement of a faculty
member's employment position to a higher rank, level, or
distinction within an institution.
SEA 202 — Concur
6
Sec. 7. "Tenure" means a status of continuous employment
granted to a faculty member of an institution in which the faculty
member may not be dismissed except for good cause or in
accordance with one (1) or more of the following:
(1) The policies and procedures adopted by the institution.
(2) An employment agreement entered into between the
institution and faculty member.
Chapter 2. Tenure, Promotion, Employment, Complaints, and
Disciplinary Actions
Sec. 1. (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.
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
SEA 202 — Concur
7
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) 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.
(c) 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.
(d) 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
SEA 202 — Concur
8
in subsection (a)(1) through (a)(5).
(e) 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).
Sec. 3. (a) This section applies to the following:
(1) A faculty member.
(2) A person with whom the institution contracts to teach a
student of the institution.
(b) Before an institution:
(1) renews an employment agreement or other contract with;
(2) makes a bonus decision regarding; or
(3) completes a review or performance assessment of;
a faculty member or person described in subsection (a), the
institution shall give substantial consideration to the faculty
member's or person's performance regarding the criteria
described in section 2(a)(1) through 2(a)(5) of this chapter.
Sec. 4. (a) Each institution shall do the following:
(1) Establish a procedure that allows both students and
employees to submit complaints that a faculty member or
person described in section 3(a) of this chapter is not meeting
the criteria described in section 2(a)(1) through 2(a)(5) of this
chapter.
(2) Provide information regarding the procedure established
under subdivision (1):
(A) at student orientations;
(B) on the institution's website; and
(C) during employee onboarding programs.
(3) Refer complaints submitted under subdivision (1) to
appropriate human resource professionals and supervisors
for consideration in employee reviews and tenure and
promotion decisions.
(4) Make complaints submitted under subdivision (1) and any
relevant documents, summaries, or investigations available to
the board of trustees of the institution.
(5) Not later than April 1, 2025, and not later than April 1
each year thereafter, submit a report to the commission for
higher education that summarizes the following:
(A) The procedure that the institution established under
subdivision (1) for the submission of complaints.
(B) How and when the institution has provided or made
SEA 202 — Concur
9
available the information concerning the submission of
complaints procedure to students, faculty members, other
employees, and contractors of the institution.
(C) The number of complaints submitted, disaggregated by
a brief description of the types or categories of complaints
submitted, during the previous calendar year.
(b) The commission for higher education shall do the following:
(1) Prepare a report that provides the following information:
(A) The total number of complaint submissions that each
institution received as provided by the institution under
subsection (a)(5).
(B) The number of complaint submissions as described in
clause (A), disaggregated by a brief description of the types
or categories of complaints submitted.
(2) Not later than July 1, 2025, and not later than July 1 of
each odd-numbered year thereafter, submit the report
described in subdivision (1) to the legislative council in an
electronic format under IC 5-14-6.
(c) An institution and the commission for higher education may
not include information in a report submitted under this section
that identifies the following:
(1) A student or employee who submits a complaint under this
section.
(2) A faculty member or person described in section 3(a)(2) of
this chapter against whom a complaint was submitted.
Sec. 5. If an institution is unable to fully comply with this
chapter due to an employment agreement entered into with a
faculty member or person described in section 3(a) of this chapter
before July 1, 2024, the institution shall attempt to comply with this
chapter to the extent possible under the employment agreement
with the faculty member or person.
Sec. 6. Nothing in this chapter prohibits or restricts a board of
trustees of an institution from:
(1) delegating responsibility under policies approved by the
board of trustees to conduct the faculty reviews and make the
determinations described in this chapter; or
(2) establishing additional policies or criteria.
Chapter 3. Requirements Regarding Students, Employees,
Contractors, and Applicants
Sec. 1. (a) This section applies to the following:
(1) An applicant for admission, enrollment, or employment at
an institution.
SEA 202 — Concur
10
(2) An employee of the institution.
(3) A person with whom the institution contracts to teach a
student of the institution.
(b) An institution may not require an applicant, an employee, or
a person described in subsection (a) to pledge allegiance to or make
a statement of personal support for any:
(1) policy or action that would treat similarly situated people
or groups of people differently based on the race, color,
national origin, sex, sexual orientation, or religion; or
(2) political or ideological movement.
(c) If an institution receives a pledge or statement described in
subsection (b), including any statement regarding diversity, equity,
and inclusion, or related topics, the institution may not award:
(1) admission, enrollment, or employment;
(2) benefits;
(3) hiring, reappointment, or promotion; or
(4) granting tenure;
to an applicant, an employee, or a person described in subsection
(a) on the basis of the viewpoints expressed in the pledge or
statement.
Sec. 2. An institution shall include the following information in
the institution's programming for new students:
(1) The importance of:
(A) free inquiry and free expression; and
(B) intellectual diversity of viewpoints.
(2) The appropriate and inappropriate responses to speech
that a student finds offensive or disagreeable.
Chapter 4. Policy on Neutrality
Sec. 1. The board of trustees of each institution shall adopt a
policy on the neutrality of the institution that makes a distinction
between the official positions of the institution, including its
schools, colleges, and departments, from the individual viewpoints
of the institution's employees, contractors, students, and alumni.
Sec. 2. A policy adopted under section 1 of this chapter must
limit the circumstances in which an employee or group of
employees from the institution may establish an official institution,
school, college, or department position on political, moral, or
ideological issues to only those circumstances that affect the core
mission of the institution and its values of free inquiry, free
expression, and intellectual diversity.
Sec. 3. Nothing in this chapter may be construed to limit the:
(1) free speech of any individual beyond any employment
SEA 202 — Concur
11
requirements established by the institution; or
(2) ability of an institution to advocate for state funding or
educational policies to the state or federal government.
Chapter 5. Reporting Requirements
Sec. 1. The commission for higher education may establish a
student survey that attempts to collect information from students
of an institution regarding the current perceptions of whether free
speech and academic freedom are recognized and fostered by the
institution in a manner that welcomes expression of different
opinions and ideologies with respect to, but not limited to, classes,
faculty members and other instructors, peer interactions, speakers,
and campus groups.
Sec. 2. If the commission for higher education establishes a
student survey under section 1 of this chapter, each institution may
promote and provide to students the survey established under
section 1 of this chapter.
Sec. 3. If the commission for higher education establishes a
student survey under section 1 of this chapter, the commission for
higher education may do the following:
(1) Prepare a biennial report that summarizes, for each
institution, the information collected from the student survey
responses.
(2) Submit the report described in subdivision (1) to the
legislative council in an electronic format under IC 5-14-6.
(3) Post the report on the commission for higher education's
website.
Sec. 4. Not later than September 1, 2024, each institution shall
submit the following to the commission for higher education:
(1) Data describing the institution's budget allocations for
diversity, equity, and inclusion initiatives.
(2) Information regarding the definitions, guidelines, and
parameters the institution used in determining which
initiatives were considered by the institution to be diversity,
equity, and inclusion initiatives.
This section expires July 1, 2025.
Sec. 5. Not later than November 1, 2024, the commission for
higher education shall do the following:
(1) Review the information submitted by the institutions
under section 4 of this chapter.
(2) Submit a report to the budget committee regarding
consistent definitions, guidelines, and parameters that would
allow the information submitted under section 4 of this
SEA 202 — Concur
12
chapter to be compared across institutions and academic
years.
This section expires July 1, 2025.
Chapter 6. Construction and Enforcement
Sec. 1. Nothing in this article may be construed to do the
following:
(1) Preclude efforts to gauge an applicant's commitment,
plans, or past performance in fostering intellectual diversity.
(2) Prohibit an institution from:
(A) requiring a student, faculty member, contractor, or
any other employee of the institution to comply with
federal or state antidiscrimination laws; or
(B) taking action against a student, faculty member,
contractor, or any other employee of the institution for a
violation of federal or state antidiscrimination laws.
(3) Limit or restrict the academic freedom of faculty members
or prevent faculty members from teaching, researching, or
writing publications about diversity, equity, and inclusion or
other topics.
(4) Prohibit an institution from considering the subject matter
competency of any candidate for employment, reappointment,
tenure, or promotion when the subject matter is germane to
the candidate's or faculty member's field of scholarship.
(5) Prohibit an institution from considering the candidate's or
faculty member's past or potential for future contributions to
fostering a culture of intellectual diversity at the institution.
(6) Prohibit an institution from complying with federal
requirements to be eligible for federal grants.
Sec. 2. (a) As used in this chapter, "petitioner" means any of the
following:
(1) A student of an institution.
(2) An employee of an institution.
(b) After completing any applicable complaint process
established by the institution regarding a violation of this article,
a petitioner may request that the commission for higher education
review the institution's final decision under the following
circumstances:
(1) A procedural defect materially affected the institution's
final decision.
(2) New evidence that materially affects the institution's final
decision and was not reasonably available at the time the final
decision was rendered becomes available.
SEA 202 — Concur
13
(3) The institution's investigator had a conflict of interest or
bias concerning the petitioner that materially affected the
institution's final decision.
(4) The petitioner believes the institution disregarded law in
rendering a final decision.
(c) The commission for higher education shall review the
request submitted under subsection (b) and issue a final opinion
regarding the request not later than sixty (60) days after the date
that the commission for higher education receives the request.
(d) The commission for higher education may enter into an
agreement with the office of administrative law proceedings
established by IC 4-15-10.5 to carry out this section.
SECTION 12. IC 21-49-4 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]:
Chapter 4. State Educational Institution Information Reporting
Sec. 1. Not later than September 1, 2024, each state educational
institution shall submit to the commission for higher education the
following information:
(1) For each academic year, beginning with the 2017-2018
academic year, the total number of state educational
institution:
(A) full-time and tenured professors;
(B) adjunct instructors;
(C) other contingent faculty; and
(D) nonacademic support or administrative employees.
(2) For each academic year, the total number of employees at
the state educational institution whose primary or secondary
job duties or job titles include diversity, equity, and inclusion.
(3) For each academic year, the total number of state
educational institution adjudications or proceedings
regarding violations of policies regarding diversity, equity,
and inclusion or harassment.
(4) A list and description of what the state educational
institution does to ensure free speech rights of students.
(5) A list and description of what the state educational
institution does to ensure intellectual freedom for professors.
(6) A list and description of what the state educational
institution does to ensure intellectual and ideological diversity
of professors.
(7) Information regarding the definitions, guidelines, and
parameters the institution used in determining which
SEA 202 — Concur
14
information under subdivisions (1) through (6) to include in
the submission under this section.
This section expires July 1, 2025.
Sec. 2. Not later than November 1, 2024, the commission for
higher education shall do the following:
(1) Review the information submitted by the institutions
under section 1 of this chapter.
(2) Submit a report to the budget committee regarding
consistent definitions, guidelines, and parameters that would
allow the information submitted under section 1 of this
chapter to be compared across state educational institutions
and academic years.
This section expires July 1, 2025.
Sec. 3. Not later than September 1, 2024, and September 1 of
each year thereafter, a state educational institution shall submit to
the state budget committee a report with the following information
for the preceding state fiscal year:
(1) The total number of state educational institution:
(A) full-time and tenured professors;
(B) adjunct instructors;
(C) other contingent faculty; and
(D) nonacademic support or administrative employees.
(2) The total number of employees at the state educational
institution whose primary or secondary job duties or job titles
include diversity, equity, and inclusion.
(3) The total number of state educational institution
adjudications or proceedings regarding violations of policies
regarding diversity, equity, and inclusion or harassment.
(4) A list and description of what the state educational
institution did to ensure free speech rights of students.
(5) A list and description of what the state educational
institution did to ensure intellectual freedom for professors.
(6) A list and description of what the state educational
institution did to ensure intellectual and ideological diversity
of professors.
(7) The institution's budget allocations for diversity, equity,
and inclusion initiatives.
SEA 202 — Concur
President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date:
Time:
SEA 202 — Concur