S 10303 —

Compared against the New York Consolidated Laws as published AI-generated reading aid — verify against the official bill.

This bill amends 1 section(s) of the New York Consolidated Laws: Section 6401 of the education law.

• Section 6401 of the education law

  his or her → Such standards shall not infringe upon the academic freedom of any faculty member, librarian, or other staff, regardless of the specific nature of an academic appointment, be it initial, multi-year, temporary, permanent, or adjunct. For purposes of this section, academic freedom shall be defined by the "1940 Statement of Principles on Academic Freedom and Tenure with 1970 Interpretive Comments" from the American Association of University Professors and shall include: (A) Freedom in research and publication where these activities do not interfere with adequate performance of academic duties; (B) Freedom in the classroom to discuss controversial issues relevant to the discipline; (C) Extramural free speech and publication, though nothing in this section shall be construed to authorize any speech that involves true threats or incitement to imminent lawless action; and (D) Intramural free speech. italics their Such rules shall not infringe upon the academic freedom of any faculty member, librarian, or other staff, regardless of the specific nature of an academic appointment, be it initial, multi-year, temporary, permanent, or adjunct. For purposes of this section, academic freedom shall be defined by the "1940 State- ment of Principles on Academic Freedom and Tenure with 1970 Interpretive Comments" from the American Association of University Professors and shall include: (a) Freedom in research and publication where these activities do not interfere with adequate performance of academic duties; (b) Freedom in the classroom to discuss controversial issues relevant to the discipline; (c) Extramural free speech and publication, though nothing in this section shall be construed to authorize any speech that involves true threats or incitement to imminent lawless action; and (d) Intramural free speech. § 216. Academic freedom violations at public higher education insti- tutions. 1. A unionized employee, covered under the definition of academic freedom in subdivision one of section sixty-four hundred thirty of the education law, at a public higher education institution in the state alleging a violation of academic freedom, as so defined, shall have the option to submit such grievances to final and binding arbi- tration with the employer institution, before a mutually agreed upon arbitrator. 2. Where an employee at a public higher education institution reason- ably believes dismissal or other disciplinary action would not have been taken but for a violation of such faculty member's academic freedom, as defined in subdivision one of section sixty-four hundred thirty of the education law, such employee may assert such as a defense before the designated arbitrator. The merits of such defense shall be considered and determined as part of the arbitration award. If there is a finding that the dismissal or other disciplinary action is motivated, at least in part, by a violation by the employer of such subdivision, the arbi- trator shall dismiss or recommend dismissal of the disciplinary proceed- ing, as appropriate, and, if appropriate, reinstate the employee with back pay. The arbitrator may take other appropriate action as is permitted in the collectively negotiated agreement. § 79-r. Academic freedom violations at higher education institutions. 1. Any employee at a higher education institution in the state, covered under the definition of academic freedom in subparagraph (iii) of para- graph (a) of subdivision two of section sixty-four hundred one of the education law, alleging a violation of academic freedom, as so defined, may bring an action against the employer institution in any court of competent jurisdiction for damages, including punitive damages, for declaratory and injunctive relief, and such other remedies as the court may deem appropriate. 2. In any action brought pursuant to this section, the court may award to the prevailing plaintiff reasonable attorney's fees and expert fees.

  amended