HF 2164

as introduced - 84th Legislature (2005 - 2006) 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.145] FREE SPEECH FOR FACULTY AND
STUDENTS 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 Definition. new text end

new text begin For the purposes of this section,
"faculty" means a person who is a member of the faculty of the
institution or is an instructor at the institution.
new text end

new text begin Subd. 3. new text end

new text begin Policy required. new text end

new text begin The Board of Trustees of the
Minnesota State Colleges and Universities shall, and the
University of Minnesota is requested to, 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 shall be graded solely on the basis of
reasoned answers and appropriate knowledge of the subjects and
disciplines studied and shall not be discriminated against on
the basis of political, ideological, or religious beliefs.
new text end

new text begin (c) 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.
new text end

new text begin (d) 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 shall 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 (e) 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 (f) Faculty shall 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 (g) Faculty shall 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 (h) Faculty shall not be excluded from tenure, search, and
hiring committees on the basis of political, ideological, or
religious beliefs.
new text end

new text begin (i) 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
research.
new text end

new text begin Subd. 4. new text end

new text begin Grievance procedure. new text end

new text begin The board of trustees of
each state institution of higher education shall, and the Board
of Regents of the University of Minnesota is requested to, 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 Each board of trustees or
other governing authority shall, and the Board of Regents of the
University of Minnesota is requested to, 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