HF 5484

as introduced - 93rd Legislature (2023 - 2024) Posted on 05/19/2024 01:22pm

A bill for an act
relating to higher education; creating the Intellectual Freedom Protection Act
regulating public postsecondary institutions; creating a private right of action and
providing for enforcement by the attorney general; proposing coding for new law
in Minnesota Statutes, chapter 135A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [135A.154] INTELLECTUAL FREEDOM PROTECTION ACT.
new text end

new text begin (a) For purposes of this section, "public postsecondary institution" or "institution" means
an institution governed by the Board of Trustees of the Minnesota State Colleges and
Universities. The Board of Regents of the University of Minnesota is requested to adopt a
policy in compliance with this section.
new text end

new text begin (b) No public postsecondary institution shall condition admission or benefits to an
applicant for admission, or hiring, reappointment, or promotion to a faculty member, on the
applicant's or faculty member's pledging allegiance to or making a statement of personal
support for or opposition to any political ideology or movement, including a pledge or
statement regarding diversity, equity, inclusion, patriotism, or related topics, nor shall any
institution request or require any such pledge or statement from an applicant or faculty
member.
new text end

new text begin (c) If a public postsecondary institution receives a pledge or statement describing a
commitment to any particular political ideology or movement, including a pledge or statement
regarding diversity, equity, inclusion, patriotism, or related topics, it may not grant or deny
admission or benefits to a student, or hiring, reappointment, or promotion to a faculty
member, on the basis of the viewpoints expressed in the pledge or statement.
new text end

new text begin (d) Nothing in this section:
new text end

new text begin (1) prohibits an institution from requiring a student, professor, or employee to comply
with federal or state law, including antidiscrimination laws, or from taking action against
a student, professor, or employee for violations of federal or state law;
new text end

new text begin (2) shall be construed to limit or restrict the academic freedom of faculty or to prevent
faculty members from teaching, researching, or writing publications about diversity, equity,
inclusion, patriotism, or other topics; or
new text end

new text begin (3) prohibits an institution from considering, in good faith, a candidate's scholarship,
teaching, or subject-matter expertise in their given academic field.
new text end

new text begin (e) Each public postsecondary institution in the state shall post and make publicly
available all training materials used for students, faculty, and staff on all matters of
nondiscrimination, diversity, equity, inclusion, race, ethnicity, sex, or bias, and all of its
policies and guidance on these issues, on its website.
new text end

new text begin (f) An individual whose rights were violated through a violation of this section may
bring an action against a public postsecondary institution, and its agents acting within their
official capacities, in a state or federal court of competent jurisdiction to receive declaratory
relief or enjoin a violation of this section. If a court finds a violation of this section, the
court shall provide a prevailing plaintiff appropriate equitable remedies, and award damages,
reasonable court costs, and attorney fees. An action under this paragraph must be brought
within one year of the latest date the violation is alleged to have occurred.
new text end

new text begin (g) The attorney general may file suit to enjoin a policy or practice prohibited by
paragraph (b) or (c). In addition to equitable relief authorized by this paragraph, the court
may impose a civil penalty of $100,000 against the public postsecondary institution for each
violation of this section.
new text end

new text begin (h) If an institution, or any of its employees acting in their official capacities, are found
by a court or the institution to have violated this section, the institution may take disciplinary
action against the responsible employees in accordance with the institution's policies and
procedures.
new text end