Indiana § 21-39-8-16 - Statute of limitations

§ 21-39-8-16. Statute of limitations

Sec. 16. An action for a violation under this chapter must be filed not later than two (2) years after the date the alleged violation occurs.

As added by P.L.145-2022, SEC.2.

IC 21-39-8.5Chapter 8.5. Official Public Statements

21-39-8.5-1"Protected expressive activity" 21-39-8.5-2Expressive activity policy

IC 21-39-8.5-1"Protected expressive activity" Sec. 1. As used in this chapter, "protected expressive activity" has the meaning set forth in IC 21-39-8-5.

As added by P.L.142-2024, SEC.6.

IC 21-39-8.5-2Expressive activity policy Sec. 2. The board of trustees of each state educational institution shall adopt a policy prohibiting an employee or contractor of the state educational institution from making a public statement in the person's official capacity as a state educational institution employee or contractor unless the statement:

(1) relates to the business or operation of the state educational institution, or to a state educational institution sponsored event; or

(2) has been approved by the board of trustees of the state educational institution.

The policy may not prohibit the exercise of any protected expressive activity that is not made in the employee's or contractor's official capacity.

As added by P.L.142-2024, SEC.6.

IC 21-39-9.1Chapter 9.1. Publication of Hazing Incidents

21-39-9.1-1"Group or organization" 21-39-9.1-2Public reporting on hazing 21-39-9.1-3Reporting requirements

IC 21-39-9.1-1"Group or organization" Sec. 1. As used in this chapter, "group or organization" means a club, an association, a corporation, an order, a society, a private club, a fraternity or sorority, or a varsity or club athletic team primarily made up of students or alumni, regardless of whether it is chartered by a national organization.

As added by P.L.162-2024, SEC.32.

IC 21-39-9.1-2Public reporting on hazing Sec. 2. A state educational institution shall implement a policy to publish a public report on the institution's website concerning any act of hazing that is adjudicated by the institution.

As added by P.L.162-2024, SEC.32.

IC 21-39-9.1-3Reporting requirements Sec. 3. (a) A public report published under section 2 of this chapter must include the following:

(1) The name of the group or organization involved in the hazing.

(2) The date on which the hazing incident occurred.

(3) The date the state educational institution started the investigation.

(4) The date the group or organization was charged with misconduct.

(5) The date on which the citation, sanction, or other punishment was implemented.

(6) A description of:

(A) the hazing incident;

(B) the findings of the investigation; and

(C) the citation, sanction, or other punishment implemented.

(7) The date the state educational institution completed the investigation.

(b) A public report published under section 2 of this chapter:

(1) may not include personal identifying information of the individual student members and is subject to the federal Family Educational Rights and Privacy Act (20 U.S.C. 1232g et seq.); and

(2) must include the following:

(A) A notice that:

(i) additional information related to the investigation, citation, sanction, other punishment, and group or organization is available upon request;

(ii) the state educational institution is required to comply with IC 5-14-3 (access to public records); and

(iii) information protected by the federal Educational Education Rights and Privacy Act (20 U.S.C. 1232g et seq.) may not be released.

(B) Instructions on how a person may request additional information from the state educational institution about an incident contained in the public report.

As added by P.L.162-2024, SEC.32.

IC 21-39.5ARTICLE 39.5. STATE EDUCATIONAL INSTITUTIONS: THE PROTECTION OF FREE INQUIRY, FREE EXPRESSION, AND INTELLECTUAL DIVERSITY

Ch. 1.Definitions Ch. 2.Tenure, Promotion, Employment, Complaints, and Disciplinary Actions Ch. 3.Requirements Regarding Students, Employees, Contractors, and Applicants Ch. 4.Policy on Neutrality Ch. 5.Reporting Requirements Ch. 6.Construction and Enforcement

IC 21-39.5-1Chapter 1. Definitions

21-39.5-1-1Application 21-39.5-1-2"Board of trustees" 21-39.5-1-3"Faculty member" 21-39.5-1-4"Institution" 21-39.5-1-5"Intellectual diversity" 21-39.5-1-6"Promotion" 21-39.5-1-7"Tenure"

IC 21-39.5-1-1Application Sec. 1. The definitions in this chapter apply throughout this article.

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

IC 21-39.5-1-2"Board of trustees" Sec. 2. "Board of trustees" refers to the board of trustees of each of the following:

(1) Ball State University.

(2) Indiana State University.

(3) Indiana University.

(4) Ivy Tech Community College.

(5) Purdue University.

(6) University of Southern Indiana.

(7) Vincennes University.

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

IC 21-39.5-1-3"Faculty member" Sec. 3. "Faculty member" means an employee of an institution whose employment duties include teaching students of the institution.

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

IC 21-39.5-1-4"Institution" Sec. 4. "Institution" refers to a state educational institution.

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

IC 21-39.5-1-5"Intellectual diversity" Sec. 5. "Intellectual diversity" means multiple, divergent, and varied scholarly perspectives on an extensive range of public policy issues.

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

IC 21-39.5-1-6"Promotion" Sec. 6. "Promotion" means the advancement of a faculty member's employment position to a higher rank, level, or distinction within an institution.

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

IC 21-39.5-1-7"Tenure" Sec. 7. "Tenure" means a status of continuous employment granted to a faculty member of an institution in which the faculty member may not be dismissed except for good cause or in accordance with one (1) or more of the following:

(1) The policies and procedures adopted by the institution.

(2) An employment agreement entered into between the institution and faculty member.

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

IC 21-39.5-2Chapter 2. Tenure, Promotion, Employment, Complaints, and Disciplinary Actions

21-39.5-2-1Application; tenure or promotion policy; prohibited considerations 21-39.5-2-2Board of trustees tenure review criteria, prohibited considerations; institutional disciplinary policy; board of trustee policy review, renewal, and amendment; commission review 21-39.5-2-3Institution employment, contract, bonus, or performance assessment review criteria 21-39.5-2-4Complaint procedure; institution report; commission for higher education report; identification of complainant prohibited 21-39.5-2-5Compliance 21-39.5-2-6Delegation of responsibility; establishment of additional policies or criteria

IC 21-39.5-2-1Application; tenure or promotion policy; prohibited considerations 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.

IC 21-39.5-2-2Board of trustees tenure review criteria, prohibited considerations; institutional disciplinary policy; board of trustee policy review, renewal, and amendment; commission review Sec. 2. (a) Not later than five (5) years after the date that a faculty member is granted tenure by an institution and not later than every five (5) years thereafter, the board of trustees of an institution shall review and determine whether the faculty member has met the following criteria:

(1) Helped the institution foster a culture of free inquiry, free expression, and intellectual diversity within the institution.

(2) Introduced students to scholarly works from a variety of political or ideological frameworks that may exist within the curricula established by the:

(A) board of trustees of the institution under IC 21-41-2-1(b); or

(B) faculty of the institution acting under authority delegated by the board of trustees of the institution.

(3) While performing teaching duties within the scope of the faculty member's employment, refrained from subjecting students to views and opinions concerning matters not related to the faculty member's academic discipline or assigned course of instruction.

(4) Adequately performed academic duties and obligations.

(5) Met any other criteria established by the board of trustees.

(b) When reviewing a faculty member under subsection (a), the board of trustees of an institution shall assess and review the staffing needs of the institution based on the:

(1) branches, campuses, extension centers, colleges, and schools of the institution; and

(2) degrees or programs of the institution approved by the commission for higher education under IC 21-18-9-5.

(c) If the board of trustees of an institution reviews and makes a determination that a faculty member meets the criteria under subsection (a), the board of trustees shall certify that the board reviewed and made a determination that the faculty member met the criteria.

(d) In determining whether a faculty member has adequately met the criteria under subsection (a), the board of trustees of an institution may not consider the following actions by a faculty member:

(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 duties at the institution.

(e) The institution shall adopt a policy that establishes disciplinary actions, including:

(1) termination;

(2) demotion;

(3) salary reduction;

(4) other disciplinary action as determined by the institution; or

(5) any combination of subdivisions (1) through (4);

that the institution will take if the board of trustees determines in a review conducted under subsection (a) that a tenured faculty member has failed to meet one (1) or more of the criteria described in subsection (a)(1) through (a)(5).

(f) The board of trustees of each institution shall, at least every five (5) years, review and renew or amend:

(1) the process for reviewing and making a determination under subsection (a); and

(2) any criteria established under subsection (a)(5).

(g) A board of trustees of an institution shall submit to the commission for higher education the process and criteria described in subsection (f) each time the process and criteria are reviewed, renewed, or amended by the board of trustees.

(h) The commission for higher education shall promptly do the following:

(1) Review the process and criteria submitted by a board of trustees under subsection (g).

(2) Provide feedback for the board of trustees to consider as the board exercises its statutory responsibility to ensure the requirements of this chapter are satisfied.

As added by P.L.113-2024, SEC.11. Amended by P.L.138-2025, SEC.7.

IC 21-39.5-2-3Institution employment, contract, bonus, or performance assessment review criteria Sec. 3. (a) This section applies to the following:

(1) A faculty member.

(2) A person with whom the institution contracts to teach a student of the institution.

(b) Before an institution:

(1) renews an employment agreement or other contract with;

(2) makes a bonus decision regarding; or

(3) completes a review or performance assessment of;

a faculty member or person described in subsection (a), the institution shall give substantial consideration to the faculty member's or person's performance regarding the criteria described in section 2(a)(1) through 2(a)(5) of this chapter.

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

IC 21-39.5-2-4Complaint procedure; institution report; commission for higher education report; identification of complainant prohibited Sec. 4. (a) Each institution shall do the following:

(1) Establish a procedure that allows both students and employees to submit complaints that a faculty member or person described in section 3(a) of this chapter is not meeting the criteria described in section 2(a)(1) through 2(a)(5) of this chapter.

(2) Provide information regarding the procedure established under subdivision (1):

(A) at student orientations;

(B) on the institution's website; and

(C) during employee onboarding programs.

(3) Refer complaints submitted under subdivision (1) to appropriate human resource professionals and supervisors for consideration in employee reviews and tenure and promotion decisions.

(4) Make complaints submitted under subdivision (1) and any relevant documents, summaries, or investigations available to the board of trustees of the institution.

(5) Not later than April 1, 2025, and not later than April 1 each year thereafter, submit a report to the commission for higher education that summarizes the following:

(A) The procedure that the institution established under subdivision (1) for the submission of complaints.

(B) How and when the institution has provided or made available the information concerning the submission of complaints procedure to students, faculty members, other employees, and contractors of the institution.

(C) The number of complaints submitted, disaggregated by a brief description of the types or categories of complaints submitted, during the previous calendar year.

(b) The commission for higher education shall do the following:

(1) Prepare a report that provides the following information:

(A) The total number of complaint submissions that each institution received as provided by the institution under subsection (a)(5).

(B) The number of complaint submissions as described in clause (A), disaggregated by a brief description of the types or categories of complaints submitted.

(2) Not later than July 1, 2025, and not later than July 1 of each odd-numbered year thereafter, submit the report described in subdivision (1) to the legislative council in an electronic format under IC 5-14-6.

(c) An institution and the commission for higher education may not include information in a report submitted under this section that identifies the following:

(1) A student or employee who submits a complaint under this section.

(2) A faculty member or person described in section 3(a)(2) of this chapter against whom a complaint was submitted.

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

IC 21-39.5-2-5Compliance Sec. 5. If an institution is unable to fully comply with this chapter due to an employment agreement entered into with a faculty member or person described in section 3(a) of this chapter before July 1, 2024, the institution shall attempt to comply with this chapter to the extent possible under the employment agreement with the faculty member or person.

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

IC 21-39.5-2-6Delegation of responsibility; establishment of additional policies or criteria Sec. 6. Nothing in this chapter prohibits or restricts a board of trustees of an institution from:

(1) delegating responsibility under policies approved by the board of trustees to conduct the faculty reviews and make the determinations described in this chapter; or

(2) establishing additional policies or criteria.

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

IC 21-39.5-3Chapter 3. Requirements Regarding Students, Employees, Contractors, and Applicants

21-39.5-3-1Institution admission, enrollment, or employment; statement of personal support or allegiance prohibited 21-39.5-3-2New student information

IC 21-39.5-3-1Institution admission, enrollment, or employment; statement of personal support or allegiance prohibited Sec. 1. (a) This section applies to the following:

(1) An applicant for admission, enrollment, or employment at an institution.

(2) An employee of the institution.

(3) A person with whom the institution contracts to teach a student of the institution.

(b) An institution may not require an applicant, an employee, or a person described in subsection (a) to pledge allegiance to or make a statement of personal support for any:

(1) policy or action that would treat similarly situated people or groups of people differently based on the race, color, national origin, sex, sexual orientation, or religion; or

(2) political or ideological movement.

(c) If an institution receives a pledge or statement described in subsection (b), including any statement regarding diversity, equity, and inclusion, or related topics, the institution may not award:

(1) admission, enrollment, or employment;

(2) benefits;

(3) hiring, reappointment, or promotion; or

(4) granting tenure;

to an applicant, an employee, or a person described in subsection (a) on the basis of the viewpoints expressed in the pledge or statement.

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

IC 21-39.5-3-2New student information Sec. 2. An institution shall include the following information in the institution's programming for new students:

(1) The importance of:

(A) free inquiry and free expression; and

(B) intellectual diversity of viewpoints.

(2) The appropriate and inappropriate responses to speech that a student finds offensive or disagreeable.

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

IC 21-39.5-4Chapter 4. Policy on Neutrality

21-39.5-4-1Board of trustees policy on neutrality 21-39.5-4-2Limitation of official institution, school, college, or department position 21-39.5-4-3Individual free speech; institutional advocacy

IC 21-39.5-4-1Board of trustees policy on neutrality Sec. 1. The board of trustees of each institution shall adopt a policy on the neutrality of the institution that makes a distinction between the official positions of the institution, including its schools, colleges, and departments, from the individual viewpoints of the institution's employees, contractors, students, and alumni.

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

IC 21-39.5-4-2Limitation of official institution, school, college, or department position Sec. 2. A policy adopted under section 1 of this chapter must limit the circumstances in which an employee or group of employees from the institution may establish an official institution, school, college, or department position on political, moral, or ideological issues to only those circumstances that affect the core mission of the institution and its values of free inquiry, free expression, and intellectual diversity.

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

IC 21-39.5-4-3Individual free speech; institutional advocacy Sec. 3. Nothing in this chapter may be construed to limit the:

(1) free speech of any individual beyond any employment requirements established by the institution; or

(2) ability of an institution to advocate for state funding or educational policies to the state or federal government.

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

IC 21-39.5-5Chapter 5. Reporting Requirements

21-39.5-5-1Commission for higher education; establishment of student survey 21-39.5-5-2Student survey; promotion and provision to students 21-39.5-5-3Student survey; reporting 21-39.5-5-4Expired 21-39.5-5-5Expired

IC 21-39.5-5-1Commission for higher education; establishment of student survey Sec. 1. The commission for higher education may establish a student survey that attempts to collect information from students of an institution regarding the current perceptions of whether free speech and academic freedom are recognized and fostered by the institution in a manner that welcomes expression of different opinions and ideologies with respect to, but not limited to, classes, faculty members and other instructors, peer interactions, speakers, and campus groups.

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

IC 21-39.5-5-2Student survey; promotion and provision to students Sec. 2. If the commission for higher education establishes a student survey under section 1 of this chapter, each institution may promote and provide to students the survey established under section 1 of this chapter.

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

IC 21-39.5-5-3Student survey; reporting Sec. 3. If the commission for higher education establishes a student survey under section 1 of this chapter, the commission for higher education may do the following:

(1) Prepare a biennial report that summarizes, for each institution, the information collected from the student survey responses.

(2) Submit the report described in subdivision (1) to the legislative council in an electronic format under IC 5-14-6.

(3) Post the report on the commission for higher education's website.

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

IC 21-39.5-5-4ExpiredAs added by P.L.113-2024, SEC.11. Expired 7-1-2025 by P.L.113-2024, SEC.11.

IC 21-39.5-5-5ExpiredAs added by P.L.113-2024, SEC.11. Expired 7-1-2025 by P.L.113-2024, SEC.11.

IC 21-39.5-6Chapter 6. Construction and Enforcement

21-39.5-6-1Article construction and interpretation 21-39.5-6-2Complaint process final decision review

IC 21-39.5-6-1Article construction and interpretation Sec. 1. Nothing in this article may be construed to do the following:

(1) Preclude efforts to gauge an applicant's commitment, plans, or past performance in fostering intellectual diversity.

(2) Prohibit an institution from:

(A) requiring a student, faculty member, contractor, or any other employee of the institution to comply with federal or state antidiscrimination laws; or

(B) taking action against a student, faculty member, contractor, or any other employee of the institution for a violation of federal or state antidiscrimination laws.

(3) Limit or restrict the academic freedom of faculty members or prevent faculty members from teaching, researching, or writing publications about diversity, equity, and inclusion or other topics.

(4) Prohibit an institution from considering the subject matter competency of any candidate for employment, reappointment, tenure, or promotion when the subject matter is germane to the candidate's or faculty member's field of scholarship.

(5) Prohibit an institution from considering the candidate's or faculty member's past or potential for future contributions to fostering a culture of intellectual diversity at the institution.

(6) Prohibit an institution from complying with federal requirements to be eligible for federal grants.

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

IC 21-39.5-6-2Complaint process final decision review Sec. 2. (a) As used in this chapter, "petitioner" means any of the following:

(1) A student of an institution.

(2) An employee of an institution.

(b) After completing any applicable complaint process established by the institution regarding a violation of this article, a petitioner may request that the commission for higher education review the institution's final decision under the following circumstances:

(1) A procedural defect materially affected the institution's final decision.

(2) New evidence that materially affects the institution's final decision and was not reasonably available at the time the final decision was rendered becomes available.

(3) The institution's investigator had a conflict of interest or bias concerning the petitioner that materially affected the institution's final decision.

(4) The petitioner believes the institution disregarded law in rendering a final decision.

(c) The commission for higher education shall review the request submitted under subsection (b) and issue a final opinion regarding the request not later than sixty (60) days after the date that the commission for higher education receives the request.

(d) The commission for higher education may enter into an agreement with the office of administrative law proceedings established by IC 4-15-10.5 to carry out this section.

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

IC 21-40ARTICLE 40. STATE EDUCATIONAL INSTITUTIONS: ADMISSION STANDARDS

Ch. 1.General Provisions; Definitions Ch. 2.Equal Education Opportunity Ch. 3.General Powers Ch. 4.Admission Standards; Completion of Core 40 Curriculum Ch. 5.Immunization Requirements at State Educational Institutions Ch. 6.Student Enrollment Reporting

IC 21-40-1Chapter 1. General Provisions; Definitions

21-40-1-1Definitions 21-40-1-2"Academic term" 21-40-1-3"Certificate of immunity" 21-40-1-4"Department" 21-40-1-5"Designated record keeping office" 21-40-1-6"Documentation of exemption" 21-40-1-7"Enroll" 21-40-1-8"Health care provider" 21-40-1-9"Student"