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 1102024 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