Establishes an Academic Bill of Rights applicable to all institutions of higher education in the State.

A BILL FOR AN ACT

SECTION 1. The Legislature finds that:

(1) The central purposes of a university are the pursuit of truth, the discovery of new knowledge through scholarship and research, the study and reasoned criticism of intellectual and cultural traditions, the teaching and general development of students to help them become creative individuals and productive citizens of a pluralistic democracy, and the transmission of knowledge and learning to a society at large. Free inquiry and free speech within the academic community are indispensable to the achievement of these goals. The freedom to teach and to learn depend upon the creation of appropriate conditions and opportunities on the campus as a whole as well as in classrooms and lecture halls. These purposes reflect the values, pluralism, diversity, opportunity, critical intelligence, openness, and fairness that are the cornerstones of American society.

(2) Academic freedom and intellectual diversity are values indispensable to American universities. From its first formulation in the "General Report of the Committee on Academic Freedom and Tenure of the American Association of University Professors," the concept of academic freedom has been premised on the idea that human knowledge is a never-ending pursuit of the truth, that there is no humanly accessible truth that is not in principle open to challenge, and that no party or intellectual faction has a monopoly on wisdom. Therefore, academic freedom is most likely to thrive in an environment of intellectual diversity that protects and fosters independence of thought and speech. In the words of the general report, it is vital to protect "as the first condition of progress, [a] complete and unlimited freedom to pursue inquiry and publish its results."

(3) Because free inquiry and its fruits are crucial to the democratic enterprise itself, academic freedom is a national value as well. In a historic 1967 decision, Keyishian v. Board of Regents of the University of the State of New York, the supreme court of the United States overturned a New York state loyalty provision for teachers with these words: "Our Nation is deeply committed to safeguarding academic freedom, [a] transcendent value to all of us and not merely to the teachers concerned." In Sweezy v. New Hampshire, 1957, the court observed that the "essentiality of freedom in the community of American universities [was] almost self-evident."

(4) Academic freedom consists in protecting the intellectual independence of professors, researchers, and students in the pursuit of knowledge and the expression of ideas from interference by legislators or authorities within the institution itself. This means that no political, ideological, or religious orthodoxy will be imposed on professors and researchers through the hiring, tenure, or termination process, or through any other administrative means by the academic institution. Nor shall legislatures impose any such orthodoxy through their control of the university budget.

(5) This protection includes students. From the first statement on academic freedom, it has been recognized that intellectual independence means the protection of students, as well as faculty, from the imposition of any orthodoxy of a political, religious, or ideological nature. The 1915 general report admonished faculty to avoid "taking unfair advantage of the student's immaturity by indoctrinating him with the teacher's own opinions before the student has had an opportunity fairly to examine other opinions upon the matters in question, and before he has sufficient knowledge and ripeness of judgment to be entitled to form any definitive opinion of his own." In 1967, the American Association of University Professors' "Joint Statement on Rights and Freedoms of Students" reinforced and amplified this injunction by affirming the inseparability of "the freedom to teach and freedom to learn." In the words of the report, "Students should be free to take reasoned exception to the data or views offered in any course of study and to reserve judgment about matters of opinion."

SECTION 2. Chapter 304, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§ 304- Academic Bill of Rights. Students have rights to a learning environment in which they have access to a broad range of serious scholarly opinion, to be graded without discrimination on the basis of their political or religious beliefs, and to a viewpoint-neutral distribution of student fee funds. These principles apply only to the University of Hawaii and its community colleges. The post-secondary student and faculty academic bill of rights include the following:

SECTION 3. New statutory material is underscored.

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 5. This Act shall take effect upon its approval.