Academics fear Senate Bill 202 would make it easier to fire veteran professors on political grounds.
(Justin Hicks/IPB News)
Professors and university administrators are sounding the alarm over a bill they say could eliminate academic independence at Indiana’s public universities.
Senate Bill 202 would change the definition of tenure — guaranteed permanent employment for faculty that can still be terminated with cause.
Critics like Ben Robinson, past president of the IU Bloomington American Association of University Professors, say tenure as it currently stands is “the number one institution of American academia to protect academic freedom.”
Ben Robinson recently stepped down as President of the IU Bloomington chapter of the American Association of University Professors to go on sabbatical. Robinson said he's been preoccupied with legislation despite that. (Ethan Sandweiss / WFIU-WTIU)
“A body of peers confers tenure on the basis of a significant six-year apprenticeship,” Robinson said. “That allows faculty the freedom to pursue their inquiries and their teaching without fear of reprisal.”
If SB 202 were to pass, rather than a professor’s peers, the board of trustees would determine who receives tenure. The trustees could then review the status of their tenure every five years, based partly on their commitment to what the bill calls “intellectual diversity.” What that means is up to the trustees.
Academics fear this bill would make it easier to fire veteran professors on political grounds.
“I wouldn't mince words, I'd say it ends tenure in the state of Indiana as we know it,” Robinson said. “And that's truly devastating.”
The bill’s author, Sen. Spencer Deery (R-Lafayette), said his bill will help politically conservative students feel more welcome on campus by requiring faculty to adhere to intellectual diversity. He also insisted that his bill is not an attack on tenure.
Deery cited a Gallup poll that showed 46 percent of right-leaning students on Indiana campuses feel uncomfortable speaking up about their beliefs.
“Infringing on academic freedom is a red line we should not cross,” he said. “But we don't need to give up on these values to curb excessive political innovation and viewpoint discrimination that threatens our state's workforce goals.”
Sen. Spencer Deery (R-Lafayette) was once the president's deputy chief of staff at Purdue University. He described his bill as "modernizing" tenure. (Devan Ridgway / WFIU-WTIU)
The bill stipulates that the board can’t consider faculty expressing dissent or engaging in public commentary when making decisions on tenure. It adds that criticism of institutional leadership is also protected during its reviews, which would take place once every five years.
However, it mandates disciplinary actions including termination for professors failing to “introduce students to scholarly works from a variety of political frameworks.” The bill also creates a complaint system, whereby students and other employees can accuse professors of not meeting “certain criteria related to intellectual diversity.”
“One could say that's only every five years, but the fact is the prospect of such a review will chill freedom of inquiry and freedom of teaching and freedom of expression,” Robinson said. “A politically appointed body will now be in a position to review faculty on political criteria that they alone set.”
That politically appointed body is the board of trustees. Along with placing them in charge of tenure, SB 202 also changes the composition of these boards. Currently, the IU board of trustees has six members appointed by the governor and three elected by alumni. Deery’s bill would replace two of the elected positions with two appointed by the president pro tempore of the state Senate and the speaker of the House.
Republicans hold a supermajority in both chambers.
Senate minority leader Greg Taylor (D-Indianapolis) tried to amend the bill to give both parties an appointment, which was rejected along party lines.
“We're headed down that path where we're going to start micromanaging these institutions of higher learning to the point where we're going to stymie their progress,” he told Indiana Public Media.
Sen. Greg Taylor (D-Indianapolis) spoke against the bill on multiple grounds, including the authors' choice to relabel minority students as "underrepresented." (Devan Ridgway / WFIU-WTIU)
Deery once served within higher education as chief of staff for former Purdue President Mitch Daniels. After his bill passed the Senate, we asked how it would be perceived by his former colleagues.
“I've worked very closely with nearly every Indiana institution to get this right,” he said. “This is too important not to.”
Ball State and Purdue University declined to comment, but IU president Pamela Whitten sent a statement criticizing the bill’s potentially chilling effect on academic freedom.
Whitten said the bill would put academic freedom at risk, weaken intellectual rigor and impair IU’s ability to attract faculty. She added that the consequences could threaten not only the status of IU but the economic and cultural vitality of the state.
IU has generally refrained from commenting on active legislation, making this week’s statement unusual.
“If you're an academic, knowing that you'll be subject to review by politically appointed legislature every five years and in fact, the initial grant of tenure will be subjected to such review, you will not choose to come to the state of Indiana,” Robinson said.
Still, the bill is not without its supporters. It passed the Senate 39-9 along party lines.
Sen. Greg Goode (R-Terre Haute), praised Deery for introducing the legislation.
“I was not initially intending to speak on the bill, but I have to say thank you to Senator Deery for your leadership,” he said in the Senate “You're a listening legislator, which I think is the highest compliment.”
Now SB 202 heads to the Indiana House of Representatives. Last year, the house blocked funding for certain IU research on sexuality and gender. Robinson says universities need to keep their guard up.
“The question, is it too late to turn it around? Hopefully not,” he said. “Hopefully we have concerted effort to lobby against this bill coming from the university.”
An IU spokesperson says the university is in touch with Deery about the bill.
