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7 LONG TITLE
8 General Description:
9 This bill enacts provisions related to expression of a faculty member at an institution of
10 higher education.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ prohibits an institution of higher education from taking adverse action against a
15 faculty member in retaliation for certain expression;
16 ▸ creates a cause of action related to retaliation against a faculty member for certain
17 expression; and
18 ▸ enacts other provisions related to faculty member expression at an institution of
19 higher education.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 ENACTS:
26 53B-27-101, Utah Code Annotated 1953
27 53B-27-102, Utah Code Annotated 1953
28 53B-27-201, Utah Code Annotated 1953
29 53B-27-202, Utah Code Annotated 1953
30 53B-27-203, Utah Code Annotated 1953
31 53B-27-204, Utah Code Annotated 1953
32 53B-27-205, Utah Code Annotated 1953
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34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 53B-27-101 is enacted to read:
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38 53B-27-101. Title.
39 This chapter is known as the "Campus Individual Rights Act."
40 Section 2. Section 53B-27-102 is enacted to read:
41 53B-27-102. Definition.
42 As used in this chapter, "institution" means an institution of higher education listed in
43 Section 53B-1-102.
44 Section 3. Section 53B-27-201 is enacted to read:
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46 53B-27-201. Title.
47 This part is known as the "Academic Freedom and Protection Act."
48 Section 4. Section 53B-27-202 is enacted to read:
49 53B-27-202. Definitions.
50 As used in this part:
51 (1) "Adverse action" means to:
52 (a) dismiss a faculty member;
53 (b) reduce a faculty member's compensation;
54 (c) fail to increase the faculty member's compensation by an amount that the faculty
55 member is otherwise entitled to or was promised;
56 (d) fail to promote the faculty member if the faculty member would have otherwise
57 been promoted;
58 (e) cause the faculty member to resign by subjecting the faculty member to conditions
59 that a reasonable person would consider intolerable; or
60 (f) threaten to take an action described in Subsections (1)(a) through (e).
61 (2) (a) "Faculty member" means an individual who is tasked by an institution to
62 provide, on an ongoing basis, scholarship, academic research, or teaching at the institution,
63 regardless of whether the institution compensates the individual.
64 (b) "Faculty member" includes:
65 (i) a tenured or nontenured professor;
66 (ii) an adjunct professor;
67 (iii) a visiting professor;
68 (iv) a lecturer; or
69 (v) a graduate student instructor.
70 (c) "Faculty member" does not include an individual whose primary responsibilities for
71 an institution are administrative or managerial.
72 Section 5. Section 53B-27-203 is enacted to read:
73 53B-27-203. Adverse action prohibited -- Institution policy to establish
74 independent personnel board.
75 (1) (a) Except as provided in Subsection (1)(b), an institution may not take adverse
76 action against a faculty member in retaliation for the faculty member's:
77 (i) expression related to scholarship, academic research, or teaching; or
78 (ii) expression related to a matter of institutional policy.
79 (b) An institution may take adverse action against a faculty member for the faculty
80 member's expression described in Subsection (1)(a) if:
81 (i) the institution's interests, as an employer, in promoting the efficiency of the
82 institution's public service outweigh the faculty member's interests in the expression; or
83 (ii) the expression:
84 (A) is expressed during a class instructed by the faculty member;
85 (B) is not reasonably germane to the subject matter of the class; and
86 (C) comprises a substantial portion of classroom instruction.
87 (2) Any existing or new institution policy that violates Subsection (1) is void.
88 (3) In accordance with Section 67-21-3.7, an institution may adopt a policy to establish
89 an independent personnel board to address a complaint alleging adverse action described in this
90 part.
91 Section 6. Section 53B-27-204 is enacted to read:
92 53B-27-204. Cause of action.
93 (1) (a) Except as provided in Subsection (1)(b), a faculty member claiming that the
94 faculty member's expressive rights, as described in this part, were violated may bring an action
95 in a state court of competent jurisdiction.
96 (b) A faculty member may only bring an action described in Subsection (1)(a) if the
97 faculty member exhausts:
98 (i) administrative grievance procedures if available at the institution; and
99 (ii) administrative grievance procedures if available under an applicable collective
100 bargaining agreement.
101 (2) (a) An institution violates this part if, except as provided in Subsection (2)(b), a
102 court finds that expression protected under this part was a significant motivating factor in the
103 institution's decision to take adverse action against the plaintiff.
104 (b) An institution does not violate this part if the court finds the institution would have
105 taken the adverse action against the plaintiff in absence of the plaintiff's expression described
106 in Subsection (2)(a).
107 (3) In an action brought under this part, if the court finds a violation of this part, the
108 court may award the plaintiff:
109 (a) compensatory damages;
110 (b) reasonable court costs;
111 (c) reasonable attorney fees and expert fees; or
112 (d) any other relief that the court considers appropriate.
113 (4) Notwithstanding Title 63G, Chapter 7, Governmental Immunity Act of Utah, an
114 institution that violates this part is not immune from suit or liability for the violation.
115 Section 7. Section 53B-27-205 is enacted to read:
116 53B-27-205. Statute of limitations.
117 An action under this part may not be brought after the later of:
118 (1) one year after the day on which an institution takes adverse action against a faculty
119 member in violation of this part; or
120 (2) 60 days after the day on which the faculty member receives final notice of an
121 outcome of an administrative grievance procedure described in Section 53B-27-204 that
122 violates this part.
Legislative Review Note
Office of Legislative Research and General Counsel