Sec. 1. (a) This section applies to an institution that grants tenure or promotions to faculty members.

     (b) Subject to subsection (c), each board of trustees of an institution shall establish a policy that provides that a faculty member may not be granted tenure or a promotion by the institution if, based on past performance or other determination by the board of trustees, the faculty member is:

(1) unlikely to foster a culture of free inquiry, free expression, and intellectual diversity within the institution;

(2) unlikely to expose students to scholarly works from a variety of political or ideological frameworks that may exist within and are applicable to the faculty member’s academic discipline; or

(3) likely, while performing teaching duties within the scope of the faculty member’s employment, to subject students to political or ideological views and opinions that are unrelated to the faculty member’s academic discipline or assigned course of instruction.

     (c) A policy established under subsection (b) must provide that the board of trustees of an institution may not consider the following actions by a faculty member when determining whether a faculty member may not be granted tenure or a promotion by the institution:

(1) Expressing dissent or engaging in research or public commentary on subjects.

(2) Criticizing the institution’s leadership.

(3) Engaging in any political activity conducted outside the faculty member’s teaching or mentoring duties at the institution.

As added by P.L.113-2024, SEC.11.