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Both chambers of the Indiana General Assembly have now passed a controversial bill curtailing diversity, equity and inclusion programs and tenure protections in the state’s public colleges and universities—partly through shifting focus to what Republican lawmakers call “intellectual diversity.”
Senate Bill 202 now awaits GOP governor Eric Holcomb’s signature or veto. If it becomes law, the measure will leave it to campus boards of trustees to determine what “intellectual diversity” means in individual faculty members’ disciplines, to gauge whether professors have delivered it and to decide how much they should be punished if they fail.
These boards would have to pass policies to deny promotions and tenure if “based on past performance or other determination by the board of trustees, the faculty member” is “unlikely to foster … intellectual diversity.” Additionally, “intellectual diversity” would be considered in post-tenure reviews, which the bill would newly require at least every five years.
Holcomb appoints many of the Board of Trustees members. Asked what the governor plans to do with the legislation, his press secretary would only say via email Friday that the “bill is not in the possession of this office.”
The Indiana Conference of the American Association of University Professors is pushing for a veto. That AAUP arm sent out a news release Friday noting Holcomb is term-limited from seeking re-election.
“Appealing to his principled nature and his pro-economic stance for the state, opponents of SB 202 are already sending hundreds of calls and emails to the governor’s office, despite institutional hurdles of no voicemail on the governor’s phone number, and having to complete a lengthy form to send an email,” the release said.
SB 202 passed the Republican-controlled Senate 39 to 9 Feb. 6 and the Republican-controlled House, after amendments, 66 to 31 on Tuesday, Feb. 27. The Senate then concurred with the House amendments Thursday, Feb. 29, 33 to 12.
Among the amendments: a section protecting faculty members from having their tenure revoked specifically for “criticizing the institution’s leadership” or “engaging in any political activity conducted outside the faculty member’s teaching or mentoring duties” has been altered to make it functional. Another amendment clarifies that boards can pass policies allowing their universities to delegate the responsibilities to review faculty members to others aside from the board members themselves.
