On March 13, 2024, Indiana’s governor signed into law new legislation that limited diversity, equity, and inclusion (DEI) initiatives at the state’s public university and amended the standards for awarding and reviewing tenure.

Among its measures, the new law, Senate Bill (SB) 202, requires the state’s public higher education institutions to replace diversity statements with “neutrality statements” and to ensure that university programing “promotes both cultural and intellectual diversity.” The bill also gives universities’ boards of trustees a say in decisions about tenure and promotion, requiring them to consider intellectual diversity in awarding and reviewing tenure. It states that universities must deny tenure to any faculty member who does not foster viewpoint diversity in their classrooms and requires faculty members to undergo post-tenure reviews every five years according to the same criteria.

While lawmakers hailed the bill as supportive of free inquiry and academic freedom, academic associations and faculty members and university administrators across the state argued that the law – particularly its requirements regarding tenure – could be arbitrarily applied and would undermine academic freedom by undercutting the protections offered by tenure.

The new bill went into effect beginning July 1, 2024 and fits into a broader pattern of states legislatures undermining university autonomy to target DEI programs. At least 85 anti-DEI bills have been introduced across 28 states since 2023, with at least 14 passing.

Scholars at Risk is concerned about government encroachments on universities’ authority to set policies concerning personnel, admissions, curricula, and the establishment of particular programs. Such actions undermine university autonomy and inhibit institutions’ ability to function freely, undermining academic freedom and democratic society generally. Moreover, actions targeting diversity and social justice efforts may also erode core university values including social responsibility and equitable access.

Sources:
https://www.chronicle.com/article/here-are-the-states-where-lawmakers-are-seeking-to-ban-colleges-dei-efforts?sra=tru
https://indianacapitalchronicle.com/2024/03/13/holcomb-signed-university-anti-viewpoint-discrimination-bill-74-others/
https://www.indystar.com/story/news/politics/2024/02/29/indiana-senate-bill-202-universities-purdue-deery-tenure-expression-holcomb/72780178007/
https://www.highereddive.com/news/indiana-governor-signs-bill-tying-tenure-to-intellectual-diversity/710385/
https://www.idsnews.com/article/2024/03/holcomb-signs-senate-bill-202-increasing-legislative-oversight-higher-education
https://iga.in.gov/pdf-documents/123/2024/senate/bills/SB0202/SB0202.03.ENGS.pdf
https://politicalsciencenow.com/statement-on-indiana-senate-bill-202/