SB 840 — AN ACT CONCERNING ACADEMIC FREEDOM AT PUBLIC INSTITUTIONS OF HIGHER EDUCATION.

General Assembly SubstituteRaised Bill No.

840 January Session, 2019 ANLCO ACTNo. CONCERNING ACADEMIC FREEDOM AT PUBLIC INSTITUTIONS OF HIGHER EDUCATION.

3775 Referred to Committee on HIGHER EDUCATION AND EMPLOYMENT ADVANCEMENT Introduced by:

(HED) AN ACT CONCERNING ACADEMIC FREEDOM AT PUBLIC INSTITUTIONS OF HIGHER EDUCATION.

"Faculty member" does not mean any administrative staff or administrativefaculty; faculty member;

and (2) "Adverse personnel action" means any action that haswould have a negative impact on a faculty member's eligibility for promotion or tenure, compensation, ability to provide scholarship, conduct research or teach, or that results in transfer, termination, suspension or other discipline of the faculty member.

(b) Not later than October 1, 2019, the Board of Regents for Higher Education and the Board of Trustees of The University of Connecticut shall ensure that the policies adopted by said boards to protect academic freedom in accordance with subparagraph (B) of subdivision (1) of subsection (b) of section 10a-6 of the general statutes and subdivision (4) of subsection (b) of section 10a-72 of the general LCO \\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00840-R01 of 3 SB.docx Substitute Bill No.

8403775 1 of 3 Raised Bill No.840 Education, in accordance with subparagraph (B) of subdivision (1) of subsection (b) of section 10a-6 of the general statutes, includeand protectionsthe forBoard of Trustees of The University of Connecticut, in accordance with subdivision (4) of subsection (b) of section 10a-72 of the general statutes, shall each establish a policy to protect academic freedom and the content of course and degree programs for public institutions of higher education within their jurisdiction.

Except as provided in subsection (c) of this section, such policiespolicy shall (1) protect faculty members from adverse personnel action resulting from such faculty member's public or private expression related to (A) his or her scholarship, academic research or teaching, or (B) any matter of public concern, including, but not limited to, matters of political, social, or economic significance or critical of institutional policy or administration, and (2) provide (A) a process for faculty members to challenge adverse personnel actions on the grounds of violation of academic freedom, and (B) a list of objective criteria to determine whether an adverse personnel action violates a faculty member's right to academic freedom.

(c) Notwithstanding the policies to protect academic freedom established at public institutions of higher education,education pursuant to subsection (b) of this section, any faculty member may be subject to adverse personnel action for an expression that (1) is disruptive of the academic and instructional purpose of the institution to an extent that would outweigh thesuch faculty member's right to academic freedom, (2) constitutesis plagiarism,false fraud or misconductdemonstrates inunprofessional theconduct, context of such faculty member's academic research, (3) substantially or materially interferes with the faculty member's bona fide job performance, or (4) deliberatelyis misrepresentsnot thereasonably germane to such faculty member's academicsubject expertise.area.

(d) Not later than January 1, 2020, the Board of Regents for Higher Education and the Board of Trustees of The University of Connecticut shall each submit a report, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committee of the General Assembly having cognizance of matters relating to higher education on its academic freedom policy andestablished the protections included in such policy regarding the content of course and degree programs pursuant to subsectionLCO (b)No. of this section.

3775 2 of 3 Raised Bill No.

840 subsection (b) of this section.

(NEW) (Effective July 1, 2019) Any faculty member who believes his or her academic freedom was violated by an adverse LCOpersonnel {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00842action of 3the R01-SB.docxpublic }institution Substituteof Billhigher No.education in which he or she provides scholarship, conducts academic research or teaches, may pursue the process provided in the policy to protect academic freedom established at such institution, pursuant to subsection (b) of section 1 of this act, or may seek damages from such institution in accordance with section 31-51q of the general statutes.

840 personnel action of the public institution of higher education in which he or she provides scholarship, conducts academic research or teaches, may pursue the process provided in the policy to protect academic freedom established at such institution pursuant to subsection (b) of section 1 of this act or may seek damages from such institution in accordance with section 31-51q of the general statutes.

2 July 1, 2019 New section HEDStatement Jointof FavorablePurpose: Subst.

LCOTo {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00840-protect 3the freedom of 3expression R01-SB.docxof }faculty members at public institutions of higher education in their scholarship, research and teaching and regarding matters of public interest.

[Proposed deletions are enclosed in brackets.

Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.] LCO No.

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