S 10303 NY

0likes☆Favorite🔕SubscribeShare

Skip to main content

New York State Assembly Speaker Carl E. Heastie

--> --> -->

Assembly Members

Legislative Info

Public Hearings

Speaker's Press

Assembly Reports

Committees & More

Bill Search Home Laws Legislative Calendar Public Hearing Schedule Assembly Calendars Assembly Committee Agenda Javascript must be enabled to properly view this page.

Bill No.: Summary Actions Committee&nbspVotes Floor&nbspVotes Memo Text LFIN Chamber&nbspVideo/Transcript S10303 Summary: BILL NO S10303 &nbsp SAME AS SAME AS A11415

&nbsp SPONSOR SALAZAR &nbsp COSPNSR &nbsp MLTSPNSR &nbsp Amd §§6401 & 6430, Ed L; add §216, Civ Serv L; add §79-r, Civ Rts L &nbsp Provides that certain institutions of higher education shall meet certain standards or adopt rules that do not infringe upon academic freedom; provides that academic freedom shall be defined by the 1940 Statement of Principles on Academic Freedom and Tenure with 1970 Interpretive Comments; establishes courses of action that may be taken int the event of alleged violations of academic freedom.

Go to top S10303 Text:

STATE OF NEW YORK ________________________________________________________________________

10303

IN SENATE

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:

1 Section 1. Subparagraph (iii) of paragraph (a) of subdivision 2 of 2 section 6401 of the education law, as amended by chapter 717 of the laws 3 of 1981, is amended to read as follows: 4 (iii) The institution must meet such standards of educational quality 5 applicable to comparable public institutions of higher education, as may 6 be from time to time established by the regents. Such standards shall 7 not infringe upon the academic freedom of any faculty member, librarian, 8 or other staff, regardless of the specific nature of an academic 9 appointment, be it initial, multi-year, temporary, permanent, or 10 adjunct. For purposes of this section, academic freedom shall be defined 11 by the "1940 Statement of Principles on Academic Freedom and Tenure with 12 1970 Interpretive Comments" from the American Association of University 13 Professors and shall include: 14 (A) Freedom in research and publication where these activities do not 15 interfere with adequate performance of academic duties; 16 (B) Freedom in the classroom to discuss controversial issues relevant 17 to the discipline; 18 (C) Extramural free speech and publication, though nothing in this 19 section shall be construed to authorize any speech that involves true 20 threats or incitement to imminent lawless action; and 21 (D) Intramural free speech. 22 § 2. Subdivision 1 of section 6430 of the education law, as amended by 23 chapter 75 of the laws of 2004, is amended to read as follows: 24 1. The trustees or other governing board of every college chartered by 25 the regents or incorporated by special act of the legislature and which 26 maintains a campus, unless otherwise provided, shall adopt written rules 27 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

1 the maintenance of public order on college campuses and other college 2 property used for educational purposes and provide a program for the 3 enforcement thereof. Such rules shall prohibit, among other things, any 4 action or situation which recklessly or intentionally endangers mental 5 or physical health or involves the forced consumption of liquor or drugs 6 for the purpose of initiation into or affiliation with any organization. 7 Such rules shall govern the conduct of students, faculty and other staff 8 as well as visitors and other licensees and invitees on such campuses 9 and property. The penalties for violations of such rules shall be 10 clearly set forth therein and shall include provisions for the ejection 11 of a violator from such campus and property, in the case of a student or 12 faculty violator [ his or her ] their suspension, expulsion, or other 13 appropriate disciplinary action, and in the case of an organization 14 which authorizes such conduct, recision of permission for that organiza- 15 tion to operate on campus property. Such penalties shall be in addition 16 to any penalty pursuant to the penal law or any other law to which a 17 violator or organization may be subject. Such rules shall not infringe 18 upon the academic freedom of any faculty member, librarian, or other 19 staff, regardless of the specific nature of an academic appointment, be 20 it initial, multi-year, temporary, permanent, or adjunct. For purposes 21 of this section, academic freedom shall be defined by the "1940 State- 22 ment of Principles on Academic Freedom and Tenure with 1970 Interpretive 23 Comments" from the American Association of University Professors and 24 shall include: 25 (a) Freedom in research and publication where these activities do not 26 interfere with adequate performance of academic duties; 27 (b) Freedom in the classroom to discuss controversial issues relevant 28 to the discipline; 29 (c) Extramural free speech and publication, though nothing in this 30 section shall be construed to authorize any speech that involves true 31 threats or incitement to imminent lawless action; and 32 (d) Intramural free speech. 33 § 3. The civil service law is amended by adding a new section 216 to 34 read as follows: 35 § 216. Academic freedom violations at public higher education insti- 36 tutions. 1. A unionized employee, covered under the definition of 37 academic freedom in subdivision one of section sixty-four hundred thirty 38 of the education law, at a public higher education institution in the 39 state alleging a violation of academic freedom, as so defined, shall 40 have the option to submit such grievances to final and binding arbi- 41 tration with the employer institution, before a mutually agreed upon 42 arbitrator. 43 2. Where an employee at a public higher education institution reason- 44 ably believes dismissal or other disciplinary action would not have been 45 taken but for a violation of such faculty member's academic freedom, as 46 defined in subdivision one of section sixty-four hundred thirty of the 47 education law, such employee may assert such as a defense before the 48 designated arbitrator. The merits of such defense shall be considered 49 and determined as part of the arbitration award. If there is a finding 50 that the dismissal or other disciplinary action is motivated, at least 51 in part, by a violation by the employer of such subdivision, the arbi- 52 trator shall dismiss or recommend dismissal of the disciplinary proceed- 53 ing, as appropriate, and, if appropriate, reinstate the employee with 54 back pay. The arbitrator may take other appropriate action as is 55 permitted in the collectively negotiated agreement.

S. 10303 3

1 § 4. The civil rights law is amended by adding a new section 79-r to 2 read as follows: 3 § 79-r. Academic freedom violations at higher education institutions. 4 1. Any employee at a higher education institution in the state, covered 5 under the definition of academic freedom in subparagraph (iii) of para- 6 graph (a) of subdivision two of section sixty-four hundred one of the 7 education law, alleging a violation of academic freedom, as so defined, 8 may bring an action against the employer institution in any court of 9 competent jurisdiction for damages, including punitive damages, for 10 declaratory and injunctive relief, and such other remedies as the court 11 may deem appropriate. 12 2. In any action brought pursuant to this section, the court may award 13 to the prevailing plaintiff reasonable attorney's fees and expert fees. 14 § 5. This act shall take effect immediately.

Go to top

Sitemap

Request Information

Directions and Maps