Senate Bill S10303

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10303
 
                             I N  S E N A T E
 
                               May 12, 2026
                                ___________
 
 Introduced  by  Sen. SALAZAR -- read twice and ordered printed, and when
   printed to be committed to the Committee on Higher Education
 
 AN ACT to amend the education law, the civil service law, and the  civil
   rights  law,  in relation to protecting academic freedom for employees
   at higher education institutions
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraph  (iii)  of paragraph (a) of subdivision 2 of
 section 6401 of the education law, as amended by chapter 717 of the laws
 of 1981, is amended to read as follows:
   (iii) The institution must meet such standards of educational  quality
 applicable to comparable public institutions of higher education, as may
 be  from  time to time established by the regents.  SUCH STANDARDS SHALL
 NOT INFRINGE UPON THE ACADEMIC FREEDOM OF ANY FACULTY MEMBER, LIBRARIAN,
 OR OTHER STAFF,   REGARDLESS OF  THE  SPECIFIC  NATURE  OF  AN  ACADEMIC
 APPOINTMENT,   BE  IT  INITIAL,  MULTI-YEAR,  TEMPORARY,  PERMANENT,  OR
 ADJUNCT. FOR PURPOSES OF THIS SECTION, ACADEMIC FREEDOM SHALL BE DEFINED
 BY THE "1940 STATEMENT OF PRINCIPLES ON ACADEMIC FREEDOM AND TENURE WITH
 1970 INTERPRETIVE COMMENTS" FROM THE AMERICAN ASSOCIATION OF  UNIVERSITY
 PROFESSORS AND SHALL INCLUDE:
   (A)  FREEDOM IN RESEARCH AND PUBLICATION WHERE THESE ACTIVITIES DO NOT
 INTERFERE WITH ADEQUATE PERFORMANCE OF ACADEMIC DUTIES;
   (B) FREEDOM IN THE CLASSROOM TO DISCUSS CONTROVERSIAL ISSUES  RELEVANT
 TO THE DISCIPLINE;
   (C)  EXTRAMURAL  FREE  SPEECH  AND PUBLICATION, THOUGH NOTHING IN THIS
 SECTION SHALL BE CONSTRUED TO AUTHORIZE ANY SPEECH  THAT  INVOLVES  TRUE
 THREATS OR INCITEMENT TO IMMINENT LAWLESS ACTION; AND
   (D) INTRAMURAL FREE SPEECH.
   § 2. Subdivision 1 of section 6430 of the education law, as amended by
 chapter 75 of the laws of 2004, is amended to read as follows:
   1. The trustees or other governing board of every college chartered by
 the  regents or incorporated by special act of the legislature and which
 maintains a campus, unless otherwise provided, shall adopt written rules
 for implementing all policies required pursuant to this article and  for
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15726-01-6
 S. 10303                            2
 
 the  maintenance  of  public order on college campuses and other college
 property used for educational purposes and provide  a  program  for  the
 enforcement  thereof. Such rules shall prohibit, among other things, any
 action  or  situation which recklessly or intentionally endangers mental
 or physical health or involves the forced consumption of liquor or drugs
 for the purpose of initiation into or affiliation with any organization.
 Such rules shall govern the conduct of students, faculty and other staff
 as well as visitors and other licensees and invitees  on  such  campuses
 and  property.    The  penalties  for  violations of such rules shall be
 clearly set forth therein and shall include provisions for the  ejection
 of a violator from such campus and property, in the case of a student or
 faculty  violator  [his  or  her]  THEIR suspension, expulsion, or other
 appropriate disciplinary action, and in  the  case  of  an  organization
 which authorizes such conduct, recision of permission for that organiza-
 tion  to operate on campus property. Such penalties shall be in addition
 to any penalty pursuant to the penal law or any other  law  to  which  a
 violator  or  organization may be subject. SUCH RULES SHALL NOT INFRINGE
 UPON THE ACADEMIC FREEDOM OF ANY FACULTY  MEMBER,  LIBRARIAN,  OR  OTHER
 STAFF,  REGARDLESS OF THE SPECIFIC NATURE OF AN ACADEMIC APPOINTMENT, BE
 IT  INITIAL,  MULTI-YEAR, TEMPORARY, PERMANENT, OR ADJUNCT. FOR PURPOSES
 OF THIS SECTION, ACADEMIC FREEDOM SHALL BE DEFINED BY THE  "1940  STATE-
 MENT OF PRINCIPLES ON ACADEMIC FREEDOM AND TENURE WITH 1970 INTERPRETIVE
 COMMENTS"  FROM  THE  AMERICAN  ASSOCIATION OF UNIVERSITY PROFESSORS AND
 SHALL INCLUDE:
   (A) FREEDOM IN RESEARCH AND PUBLICATION WHERE THESE ACTIVITIES DO  NOT
 INTERFERE WITH ADEQUATE PERFORMANCE OF ACADEMIC DUTIES;
   (B)  FREEDOM IN THE CLASSROOM TO DISCUSS CONTROVERSIAL ISSUES RELEVANT
 TO THE DISCIPLINE;
   (C) EXTRAMURAL FREE SPEECH AND PUBLICATION,  THOUGH  NOTHING  IN  THIS
 SECTION  SHALL  BE  CONSTRUED TO AUTHORIZE ANY SPEECH THAT INVOLVES TRUE
 THREATS OR INCITEMENT TO IMMINENT LAWLESS ACTION; AND
   (D) INTRAMURAL FREE SPEECH.
   § 3. The civil service law is amended by adding a new section  216  to
 read as follows:
   §  216.  ACADEMIC FREEDOM VIOLATIONS AT PUBLIC HIGHER EDUCATION INSTI-
 TUTIONS. 1. A  UNIONIZED  EMPLOYEE,  COVERED  UNDER  THE  DEFINITION  OF
 ACADEMIC FREEDOM IN SUBDIVISION ONE OF SECTION SIXTY-FOUR HUNDRED THIRTY
 OF  THE  EDUCATION  LAW, AT A PUBLIC HIGHER EDUCATION INSTITUTION IN THE
 STATE ALLEGING A VIOLATION OF ACADEMIC FREEDOM,  AS  SO  DEFINED,  SHALL
 HAVE  THE  OPTION  TO  SUBMIT SUCH GRIEVANCES TO FINAL AND BINDING ARBI-
 TRATION WITH THE EMPLOYER INSTITUTION, BEFORE  A  MUTUALLY  AGREED  UPON
 ARBITRATOR.
   2.  WHERE AN EMPLOYEE AT A PUBLIC HIGHER EDUCATION INSTITUTION REASON-
 ABLY BELIEVES DISMISSAL OR OTHER DISCIPLINARY ACTION WOULD NOT HAVE BEEN
 TAKEN BUT FOR A VIOLATION OF SUCH FACULTY MEMBER'S ACADEMIC FREEDOM,  AS
 DEFINED  IN  SUBDIVISION ONE OF SECTION SIXTY-FOUR HUNDRED THIRTY OF THE
 EDUCATION LAW, SUCH EMPLOYEE MAY ASSERT SUCH AS  A  DEFENSE  BEFORE  THE
 DESIGNATED  ARBITRATOR.  THE  MERITS OF SUCH DEFENSE SHALL BE CONSIDERED
 AND DETERMINED AS PART OF THE ARBITRATION AWARD. IF THERE IS  A  FINDING
 THAT  THE  DISMISSAL OR OTHER DISCIPLINARY ACTION IS MOTIVATED, AT LEAST
 IN PART, BY A VIOLATION BY THE EMPLOYER OF SUCH SUBDIVISION,  THE  ARBI-
 TRATOR SHALL DISMISS OR RECOMMEND DISMISSAL OF THE DISCIPLINARY PROCEED-
 ING,  AS  APPROPRIATE,  AND, IF APPROPRIATE, REINSTATE THE EMPLOYEE WITH
 BACK PAY.   THE ARBITRATOR MAY  TAKE  OTHER  APPROPRIATE  ACTION  AS  IS
 PERMITTED IN THE COLLECTIVELY NEGOTIATED AGREEMENT.
 S. 10303                            3
 
   §  4.  The civil rights law is amended by adding a new section 79-r to
 read as follows:
   §  79-R. ACADEMIC FREEDOM VIOLATIONS AT HIGHER EDUCATION INSTITUTIONS.
 1.  ANY EMPLOYEE AT A HIGHER EDUCATION INSTITUTION IN THE STATE, COVERED
 UNDER THE DEFINITION OF ACADEMIC FREEDOM IN SUBPARAGRAPH (III) OF  PARA-
 GRAPH  (A)  OF  SUBDIVISION TWO OF SECTION SIXTY-FOUR HUNDRED ONE OF THE
 EDUCATION LAW, ALLEGING A VIOLATION OF ACADEMIC FREEDOM, AS SO  DEFINED,
 MAY  BRING  AN  ACTION  AGAINST THE EMPLOYER INSTITUTION IN ANY COURT OF
 COMPETENT JURISDICTION FOR  DAMAGES,  INCLUDING  PUNITIVE  DAMAGES,  FOR
 DECLARATORY  AND INJUNCTIVE RELIEF, AND SUCH OTHER REMEDIES AS THE COURT
 MAY DEEM APPROPRIATE.
   2. IN ANY ACTION BROUGHT PURSUANT TO THIS SECTION, THE COURT MAY AWARD
 TO THE PREVAILING PLAINTIFF REASONABLE ATTORNEY'S FEES AND EXPERT FEES.
   § 5. This act shall take effect immediately.