Tennessee Bill on Faculty Disciplinary Procedures Now Law

Tennessee governor Bill Lee signed into law a bill that will require public college and university governing boards to create policies that “clearly distinguish between tenure decisions and disciplinary actions for faculty members” and ensure that disciplinary policies are the same for tenured and nontenured faculty. 

Supporters of House Bill 2194, signed last week, said the new rules will prevent faculty from using tenure as a shield against misconduct consequences. Critics argued that it weakens tenure by eliminating existing due process procedures for disciplinary decisions.  

“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 institution’s chief academic officer or chief executive officer,” the bill summary states. “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 without any recommendation or vote by another faculty member at the institution.”

The bill does ensure that officials may not use “awarding, denial, or revocation of tenure” as a form of discipline. It also requires public institutions to adopt policies that “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 to post those policies on the institutions’ websites.