HF 3922

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to higher education; enacting the Free Speech for Faculty and Students
Bill of Rights; 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.147] ACADEMIC FREEDOM AND FREE SPEECH BILL OF
RIGHTS.
new text end

new text begin Subdivision 1. new text end

new text begin Citation. new text end

new text begin This section shall be referred to as the "Free Speech for
Faculty and Students Bill of Rights."
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin The definitions in this subdivision apply to this section.
For the purposes of this section:
new text end

new text begin (1) "faculty" means a person who is a member of the faculty of the institution or is
an instructor at the institution; and
new text end

new text begin (2) "postsecondary institution" means a public or private postsecondary institution
located in Minnesota that accepts state appropriations including state appropriations for
financial aid.
new text end

new text begin Subd. 3. new text end

new text begin Policy required. new text end

new text begin Each governing board of a postsecondary institution shall
adopt a policy recognizing the following rights.
new text end

new text begin (a) The institution shall provide students with a learning environment in which the
students have access to a broad range of serious scholarly opinion pertaining to the subjects
of study. The fostering of a plurality of serious scholarly methodologies and perspectives
shall be a significant institutional purpose. In addition, curricula and reading lists shall
make students aware of the existence of dissenting scholarly sources and viewpoints.
new text end

new text begin (b) Students must be graded solely on the basis of reasoned answers and appropriate
knowledge of the subjects and disciplines studied.
new text end

new text begin (c) Students must not be discriminated against on the basis of political, ideological,
or religious beliefs.
new text end

new text begin (d) University and college administrators, student government organizations, and
institutional policies, rules, or procedures shall not infringe the freedom of speech,
freedom of expression, freedom of assembly, or freedom of conscience of students and
student organizations when addressing or inculcating serious scholarly view points.
new text end

new text begin (e) Faculty academic freedom must not supercede the academic freedom of students.
new text end

new text begin (f) The institution shall distribute student fee funds on a fair and equitable basis and
shall maintain a posture of neutrality with respect to substantive political and religious
disagreements, differences, and opinions. The selection of speakers, allocation of funds
for speakers' programs, and other student activities must observe the principles of
academic freedom and promote the presentation of a diversity of opinions on intellectual
matters. Except as provided by law, the institution shall not permit the obstruction of
invited campus speakers or the destruction of student newspapers or campus literature
promoting campus events.
new text end

new text begin (g) Faculty are free to pursue and discuss their findings and perspectives in
presenting views, but shall make students aware of the existence of serious scholarly
viewpoints other than their own through classroom discussion or dissemination of written
materials, and shall encourage civil debate and the critical analysis of ideas in the pursuit
of knowledge and truth.
new text end

new text begin (h) Faculty must be hired, fired, promoted, or granted tenure on the basis of
competence and appropriate knowledge in their field of expertise.
new text end

new text begin (i) Faculty must not be hired, fired, promoted, granted tenure, or denied promotion
or tenure on the basis of political, ideological, or religious beliefs.
new text end

new text begin (j) Faculty must not be excluded from tenure, search, and hiring committees on the
basis of political, ideological, or religious beliefs.
new text end

new text begin (k) The institution and its professional societies shall maintain a posture of
organizational neutrality with respect to methods, facts, and theories which have been
validated by proven research.
new text end

new text begin Subd. 4. new text end

new text begin Grievance procedure. new text end

new text begin The governing board of each postsecondary
institution shall adopt a grievance procedure by which a student or faculty member may
seek redress for an alleged violation of any of the rights specified by the institution's
policy adopted under subdivision 3.
new text end

new text begin Subd. 5. new text end

new text begin Notice of rights. new text end

new text begin The governing board of each postsecondary institution
shall provide students and faculty with notice of the rights and the grievance procedure
adopted under subdivisions 3 and 4 by publication in the institution's course catalog,
student handbook, and Web site.
new text end