Existing law does not address faculty senates or tenure policies in public institutions of higher education. This bill would provide that faculty senates may only be established by the governing board of a public institution of higher education, and provide that the faculty senate may be only advisory in nature. This bill would require each governing board that establishes a faculty senate to adopt a policy regarding the membership, duties, and leadership of the faculty senate. This bill would prohibit faculty senates from being delegated final decision-making authority on any matter or issuing statements unrelated to the faculty senate's duties. This bill would require the governing board of each public institution of higher education to adopt a tenure policy. This bill would require each tenure policy to require periodic post-tenure reviews and authorize the dismissal of a tenured faculty member in certain circumstances. This bill would allow governing boards to adopt procedures for the dismissal of tenured faculty members, provided those procedures include specified due process rights such as a right to a hearing and appeal. This bill would provide governing boards with control over curriculum and courses which are necessary to obtain a degree at the public institution of higher education. This bill would also prohibit accrediting agencies from requiring a public institution of higher education to violate this bill or from taking adverse action against an institution for its compliance with this bill.

Statutes affected:
Introduced: 16-5A-1