Indiana governor OKs bill to promote campus ‘intellectual diversity’ in a move critics say will quash it

Under the law, faculty will be evaluated for promotions and tenure based in part on whether they are fostering “intellectual diversity.“

Indiana Gov. Eric Holcomb prepares to host a virtual media briefing in the Governor’s Office at the Statehouse to provide updates on COVID-19 and its impact on Indiana, Wednesday, April 29, 2020, in Indianapolis.
Indiana Gov. Eric Holcomb signed a law this week that requires a procedure to let students and employees submit complaints if a faculty member “is not meeting criteria related to free inquiry, free expression or intellectual diversity.” Darron Cummings / Associated Press
Indiana Gov. Eric Holcomb prepares to host a virtual media briefing in the Governor’s Office at the Statehouse to provide updates on COVID-19 and its impact on Indiana, Wednesday, April 29, 2020, in Indianapolis.
Indiana Gov. Eric Holcomb signed a law this week that requires a procedure to let students and employees submit complaints if a faculty member “is not meeting criteria related to free inquiry, free expression or intellectual diversity.” Darron Cummings / Associated Press

Indiana governor OKs bill to promote campus ‘intellectual diversity’ in a move critics say will quash it

Under the law, faculty will be evaluated for promotions and tenure based in part on whether they are fostering “intellectual diversity.“

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Indiana Gov. Eric Holcomb signed into law on Wednesday a controversial bill that proponents argue will promote “intellectual diversity” at the state’s public universities but opponents worry will impact free speech and hurt diversity, equity and inclusion initiatives.

In a statement, Holcomb defended the law, Senate Enrolled Act 202, which passed both chambers of the Indiana Statehouse last week.

“As governor I have consistently supported and encouraged diversity, inclusivity and respect for all,” the governor said. “SB202 establishes a foundation at our publicly funded universities to ensure freedom of expression for students and faculty. The bill requires free inquiry and civil discourse programming for new students, strongly encourages academic freedom and protects faculty to express differing viewpoints from their colleagues and university leadership.”

The law has 10 requirements, including many that affect how faculty are evaluated for tenure and promotions and potentially disciplined:

  • Requires discipline against individuals “who disrupt protected expressive activity,” and says a university “can restrict the granting of tenure if certain conditions related to free inquiry, free expression and intellectual diversity are not met.”

  • Requires a procedure to let students and employees submit complaints if a faculty member “is not meeting criteria related to free inquiry, free expression or intellectual diversity.”

  • Prohibits requiring anyone employed by a university “to pledge allegiance to or make a statement of personal support for certain policies or actions.”

  • Allows the Indiana Commission for Higher Education to establish a student survey regarding their perceptions of “whether free speech and academic freedom are recognized and fostered by an institution in a manner that welcomes expression of different opinions and ideologies.”

Indiana state Sen. Spencer Deery, a Republican from the Lafayette area, sponsored the bill.

“Indiana just sent a strong signal that our state is committed to academic freedom, free expression and intellectual diversity for all students and faculty,” Deery said in a statement. “This measured bill makes it significantly less likely that any university will shortchange our students in that way.”

But Democrats, who are vastly outnumbered by the GOP in both chambers, strongly opposed the measure, along with many university leaders.

Indiana University President Pamela Whitten said in a statement to Indiana Public Media that the bill “risks unintended consequences that threaten not just the stature of Indiana University, but the economic and cultural vitality of the state.” The Purdue University Senate passed a resolution last month opposing the bill, calling it an “improper extension of state control over matters of academic freedom.”

Longtime Indiana state Rep. Vernon Smith, a Democrat from Gary, says the law poses grave risks to university faculty and tenured professors.

“As a tenured full professor at Indiana University Northwest (Gary), this bill is deeply troubling to me. Faculty at Indiana’s universities are already evaluated every year on not only our teaching and research, but our service to our department, service to the campus, service to our community, service to the state and service to the nation,” Smith said in a statement. “An extra tenure review by the Board of Trustees every five years to evaluate ‘intellectual diversity’ is simply unnecessary.”

Smith contends SEA 202 is a threat to intellectual inquiry and freedom of speech.

“Diversity implies something totally different than being receptive to various opinions. The central purpose of American education is to create a thinking individual. This bill will stifle the ability of teachers to challenge students’ ideas and get them to see other perspectives,” Smith said. “Diversity, equity and inclusion policies on college campuses are essential to making sure that Black or brown students and faculty feel welcome, are treated justly and represented equitably.

State Sen. Greg Taylor, a Democrat from Indianapolis, said the law seeks to safeguard conservative students who claim they’re a target of harassment if their political views are known. Taylor, who is Black, said the law does not offer ways to protect the political views of Black students, who cannot hide their race, and LGBTQ students who disproportionately face discrimination.

“Instead of passing legislation to protect students enduring discrimination in a nation where the history of hatred toward Black Americans has filled entire chapters of history — and ensuring that history is taught — this legislature has made it a priority to ensure conservative students don’t have to face questions from professors or other students about political viewpoints,” Taylor said in a statement. “This entire bill is shameful, disrespectful and a slap in the face.”

A coalition of civil rights, faith-based and professional organizations criticized Holcomb for refusing to meet to discuss the racial implications and its impact on Black Hoosiers.

“In what it targets — diversity, equity, and inclusion — and who it targets — Black university faculty — SB 202 is clearly a racist bill,” said Rev. David Greene, president of the Concerned Clergy of Indianapolis. “It’s most surprising that the governor seems unwilling to hear how this bill will negatively impact an entire segment of Hoosier citizens.”

The new law has enraged faculty at the state’s two largest institutions, Indiana and Purdue universities.

Indiana University Professor Emeritus Russ Skiba, a co-founder of the University of Alliance for Racial Justice, said SEA 202 will impact the recruitment of Black students and Black faculty.

“It’s not a question that this will have an impact on the diversity of our teaching staff that are at our university.” Skiba said. “Any students who have an interest in equity and diversity and cultural responsiveness are going to have to think twice as they see the faculty that are teaching those courses leave the university. We’re going to see a drop off in how well prepared our teachers are to deal with the increasing diversity of our schools.”

Reporter Michael Puente is a member of WBEZ’s Race, Class and Community Desk. Contact him on X @mikepuentenews or at mpuente@wbez.org.