CT
Connecticut Senate Bill SB00840

Connecticut 2019 Regular Session

Connecticut Senate Bill SB00840 Compare Versions

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7-General Assembly Substitute Bill No. 840
5+General Assembly Raised Bill No. 840
86 January Session, 2019
7+LCO No. 3775
98
9+
10+Referred to Committee on HIGHER EDUCATI ON AND
11+EMPLOYMENT ADVANCEMENT
12+
13+
14+Introduced by:
15+(HED)
1016
1117
1218
1319
1420 AN ACT CONCERNING AC ADEMIC FREEDOM AT PUBLIC
1521 INSTITUTIONS OF HIGHER EDUCATION.
1622 Be it enacted by the Senate and House of Representatives in General
1723 Assembly convened:
1824
1925 Section 1. (NEW) (Effective July 1, 2019) (a) As used in this section 1
2026 and section 2 of this act: 2
2127 (1) "Faculty member" means any person who provides scholarship, 3
2228 conducts research or teaches at a public institution of higher education, 4
2329 including professors who are tenured, nontenured or adjunct, visiting 5
2430 lecturers and graduate student instructors. "Faculty member" does not 6
25-mean any administrative staff or administrative faculty member; and 7
26-(2) "Adverse personnel action" means any action that has a negative 8
27-impact on a faculty member's eligibility for promotion or tenure, 9
28-compensation, ability to provide scholarship, conduct research or 10
29-teach, or that results in transfer, termination, suspension or other 11
31+mean any administrative staff or faculty; and 7
32+(2) "Adverse personnel action" means any action that would have a 8
33+negative impact on a faculty member's eligibility for promotion or 9
34+tenure, compensation, ability to provide scholarship, conduct research 10
35+or teach, or that results in transfer, termination, suspension or other 11
3036 discipline of the faculty member. 12
31-(b) Not later than October 1, 2019, the Board of Regents for Higher 13
32-Education and the Board of Trustees of The University of Connecticut 14
33-shall ensure that the policies adopted by said boards to protect 15
34-academic freedom in accordance with subparagraph (B) of subdivision 16
35-(1) of subsection (b) of section 10a-6 of the general statutes and 17
36-subdivision (4) of subsection (b) of section 10a-72 of the general 18 Substitute Bill No. 840
37+(b) Not later than October 1, 2019, the Board of Regents for Higher 13 Raised Bill No. 840
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43-statutes, include protections for the content of course and degree 19
44-programs for public institutions of higher education within their 20
45-jurisdiction. Except as provided in subsection (c) of this section, such 21
46-policies shall (1) protect faculty members from adverse personnel 22
47-action resulting from such faculty member's public or private 23
48-expression related to (A) his or her scholarship, academic research or 24
49-teaching, or (B) any matter of public concern, including, but not 25
50-limited to, matters of political, social, or economic significance or 26
51-critical of institutional policy or administration, and (2) provide (A) a 27
52-process for faculty members to challenge adverse personnel actions on 28
53-the grounds of violation of academic freedom, and (B) a list of 29
54-objective criteria to determine whether an adverse personnel action 30
55-violates a faculty member's right to academic freedom. 31
41+LCO No. 3775 2 of 3
42+
43+Education, in accordance with subparagraph (B) of subdivision (1) of 14
44+subsection (b) of section 10a-6 of the general statutes, and the Board of 15
45+Trustees of The University of Connecticut, in accordance with 16
46+subdivision (4) of subsection (b) of section 10a-72 of the general 17
47+statutes, shall each establish a policy to protect academic freedom and 18
48+the content of course and degree programs for public institutions of 19
49+higher education within their jurisdiction. Except as provided in 20
50+subsection (c) of this section, such policy shall (1) protect faculty 21
51+members from adverse personnel action resulting from such faculty 22
52+member's public or private expression related to (A) his or her 23
53+scholarship, academic research or teaching, or (B) any matter of public 24
54+concern, including, but not limited to, matters of political, social, or 25
55+economic significance or critical of institutional policy or 26
56+administration, and (2) provide (A) a process for faculty members to 27
57+challenge adverse personnel actions on the grounds of violation of 28
58+academic freedom, and (B) a list of objective criteria to determine 29
59+whether an adverse personnel action violates a faculty member's right 30
60+to academic freedom. 31
5661 (c) Notwithstanding the policies to protect academic freedom 32
57-established at public institutions of higher education, any faculty 33
58-member may be subject to adverse personnel action for an expression 34
59-that (1) is disruptive of the academic and instructional purpose of the 35
60-institution to an extent that would outweigh the faculty member's right 36
61-to academic freedom, (2) constitutes plagiarism, fraud or misconduct 37
62-in the context of such faculty member's academic research, (3) 38
63-substantially or materially interferes with the faculty member's bona 39
64-fide job performance, or (4) deliberately misrepresents the faculty 40
65-member's academic expertise. 41
62+established at public institutions of higher education pursuant to 33
63+subsection (b) of this section, any faculty member may be subject to 34
64+adverse personnel action for an expression that (1) is disruptive of the 35
65+academic and instructional purpose of the institution to an extent that 36
66+would outweigh such faculty member's right to academic freedom, (2) 37
67+is false or demonstrates unprofessional conduct, (3) substantially or 38
68+materially interferes with the faculty member's bona fide job 39
69+performance, or (4) is not reasonably germane to such faculty 40
70+member's subject area. 41
6671 (d) Not later than January 1, 2020, the Board of Regents for Higher 42
6772 Education and the Board of Trustees of The University of Connecticut 43
6873 shall each submit a report, in accordance with the provisions of section 44
6974 11-4a of the general statutes, to the joint standing committee of the 45
7075 General Assembly having cognizance of matters relating to higher 46
71-education on its academic freedom policy and the protections included 47
72-in such policy regarding the content of course and degree programs 48
73-pursuant to subsection (b) of this section. 49
74-Sec. 2. (NEW) (Effective July 1, 2019) Any faculty member who 50
75-believes his or her academic freedom was violated by an adverse 51 Substitute Bill No. 840
76+education on its academic freedom policy established pursuant to 47 Raised Bill No. 840
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82-personnel action of the public institution of higher education in which 52
83-he or she provides scholarship, conducts academic research or teaches, 53
84-may pursue the process provided in the policy to protect academic 54
85-freedom established at such institution pursuant to subsection (b) of 55
86-section 1 of this act or may seek damages from such institution in 56
87-accordance with section 31-51q of the general statutes. 57
80+LCO No. 3775 3 of 3
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82+subsection (b) of this section. 48
83+Sec. 2. (NEW) (Effective July 1, 2019) Any faculty member who 49
84+believes his or her academic freedom was violated by an adverse 50
85+personnel action of the public institution of higher education in which 51
86+he or she provides scholarship, conducts academic research or teaches, 52
87+may pursue the process provided in the policy to protect academic 53
88+freedom established at such institution, pursuant to subsection (b) of 54
89+section 1 of this act, or may seek damages from such institution in 55
90+accordance with section 31-51q of the general statutes. 56
8891 This act shall take effect as follows and shall amend the following
8992 sections:
9093
9194 Section 1 July 1, 2019 New section
9295 Sec. 2 July 1, 2019 New section
9396
94-HED Joint Favorable Subst.
97+Statement of Purpose:
98+To protect the freedom of expression of faculty members at public
99+institutions of higher education in their scholarship, research and
100+teaching and regarding matters of public interest.
101+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
102+except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
103+not underlined.]
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