SB 2259

This bill requires each public institution of higher education to: (1) Adopt policies to preserve the essential principles of institutional neutrality, free expression, and civil discourse, and to preserve a campus climate that allows for the free expression of all viewpoints with respect; and (2) Post the policies adopted pursuant to (1) on the institution's website. This full text of this bill includes a statement of legislative findings and intent concerning the importance of tenure and separating the processes of tenure and disciplinary action. Present law requires the board of regents and each state university board to promulgate a tenure policy and develop procedures for the termination of faculty with tenure for adequate cause. Present law authorizes a faculty member who has been awarded te nure and who has been dismissed or suspended for cause to obtain de novo judicial review of the final decision in chancery court. Present law authorizes the board of trustees for the University of Tennessee to adopt policies governing the granting and removal of tenure for faculty members. This bill requires the board of regents and each state university board to adopt and implement policies that clearly distinguish between tenure decisions and disciplinary actions for faculty members. The policies must: (1) Ensure that awarding, denial, or revocation of tenure is not used as a form of discipline; (2) Ensure that disciplinary actions do not alter or suspend a faculty member's tenure status except as provided by institutional policy and after providing the faculty member due process; (3) Provide disciplinary procedures that are the same for tenured and non-tenured faculty for a faculty member's misconduct; (4) Ensure due process for a faculty member; and (5) Comply with applicable law. This bill specifies that the chancellor of the board of regents and the chief executive officer or chief academic officer of an institution governed by a state university board retains the authority to impose disciplinary actions on faculty members who v iolate institutional policies or professional standards, without regard to tenure, that are consistent with the tenure policies required by this bill. Under this bill, prior to termination or suspension based on an allegation of misconduct, a tenured or non-tenured faculty member is only entitled to a written notice of the grounds for termination or suspension and an opportunity to be heard by the inst itution's chief academic officer or chief executive officer. All terminations and suspensions based on an allegation of misconduct by the tenured or non-tenured faculty must be made by the institution's chief executive officer or chief academic officer w it hout any recommendation or vote by another faculty member at the institution. If the board of trustees for the University of Tennessee adopts a policy to award tenure, then this bill places the same policy and procedural requirements on the board as described above for the board of regents and state university boards. Under this bill, the statutory right to review of a decision to suspend or dismiss a tenured faculty member at an institution governed by the board of regents or a state university board will only apply to actions taken prior to July 1, 2026. ON MARCH 9, 2026, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 2194, AS AMENDED. AMENDMENT #1 clarifies that this bill reserves the disciplinary authority over faculty members of the chief executive officer or chief academic officer of an institution governed by a state university board or board of regents, and not of the chancellor o f the board of regents.