Resolution of the Board of Trustees of Indiana University on the Adoption of the Statement of Policy on Institutional Neutrality

WHEREAS, the Board of Trustees (the “Board”) of Indiana University (the “University”) is duly authorized to fulfill the powers and duties conferred upon the Board by law;

WHEREAS, the Board has the authority to adopt any Resolution of the Board specifically required by statute; and

WHEREAS, in its 2024 legislative session, the Indiana General Assembly enacted, and the Governor of Indiana subsequently signed to law, Senate Enrolled Act 202 (“SEA 202”), which among other things required state educational institutions to adopt a policy on institutional neutrality:

Now, therefore, be it:

1. RESOLVED, that the Board hereby adopts the Statement of Policy on Institutional Neutrality attached hereto as Exhibit A as the official policy statement of Indiana University required by SEA 202 (the “Institutional Neutrality Policy”).
2. FURTHER RESOLVED, that through the authority delegated to the President of the University by the Board in accordance with applicable law, the President has the duty, responsibility, and authority to manage and administer the University in accordance with the Institutional Neutrality Policy and to establish routine administrative procedures of the University consistent with the same.
3. FURTHER RESOLVED, that the President is granted such authority by the Board to perform such other acts reasonably necessary and appropriate to comply with SEA 202 and to fulfill the purposes of this Resolution.
4. FURTHER RESOLVED, that this Resolution may be amended from time to time by the Board.

EXHIBIT A

Indiana University Statement of Policy on Institutional Neutrality
September, 2024

I.C. 21-39.5-4-1 requires the Indiana University Board of Trustees to adopt a policy on the neutrality of Indiana University (the “University”) that makes a distinction between the official positions of the University, including its schools, colleges, and departments, from the individual viewpoints of the institution's employees, contractors, students, and alumni. This Statement of Policy on Institutional Neutrality (the “Policy”) is intended to establish a position of institutional neutrality, also known as institutional restraint, for Indiana University.

Consistent with I.C. 21-39.5-4-2, the Policy must limit the circumstances in which a University employee or group of University employees may establish an official institution, school, college, or department position on political, moral, or ideological issues to only those circumstances that affect the core mission of the University and its values of free inquiry, free expression, and intellectual diversity.

The Policy applies to applies to the following members of the University community (“University Community Members”):

1. Any employees of the University, including administrators, leadership, public information officers and official spokespersons, academic appointees, staff, part-time, and student employees;
2. All students and student organizations;
3. All University campuses, schools, colleges, departments, and academic, and other operational units;
4. University contractors;
5. University alumni;
6. Any individual using University resources or facilities or receiving funds administered by the University; and
7. Volunteers and other representatives when speaking or acting on behalf of the University.

University Community Members are free to express their views on a particular policy proposal or in a debate over a particular political or social issue provided that such views or concerns are expressed in a personal capacity and do not purport to be official statements of Indiana University. University Community Members shall refrain from taking an official institutional position on behalf of the University which includes expressing opinions on political, moral, or ideological issues that exceed the core mission of the University and its values of free inquiry, free expression, and intellectual diversity.

University Community Members should assume that they are representing the University when they conduct official and assigned functions, responsibilities, and duties, including but not limited to communicating in University contexts, using University email accounts, websites, social media channels, public fora, and related channels of communication. When expressing individual viewpoints outside of their official and assigned functions, responsibilities, and duties, University Community Members should ensure their comments shall not be construed as comments made on behalf of or by the University. This Policy applies to communications from official University channels including, but not limited to, the examples of statements included above.

This Policy shall not be construed to limit the ability of the University to communicate with University Community Members, public agencies and officials, and the public in accordance with local, state, federal and other applicable laws, rules, regulations, and orders of civil authorities during crisis and/or emergency situations. Also, consistent with I.C. 21-39.5-5, this Policy shall not be construed to limit the University’s ability to advocate for state funding or educational policies to the state or federal government. Furthermore, where proposed legislation or a regulatory proposal has a direct bearing on the University’s mission, operations, or fiscal affairs, the University may elect to offer comment, at the request of government officials or otherwise, on specific provisions of the proposal.

The mission of the University (the “Mission”) is to provide broad access to undergraduate and graduate education for students throughout Indiana, the United States, and the world, as well as outstanding academic and cultural programs and student services. The University seeks to create dynamic partnerships with its communities in economic, social, and cultural development to contribute to economic prosperity in Indiana and beyond. Indiana University offers leadership in creative solutions for 21st-century problems, and strives to achieve full diversity and maintain friendly, collegial, and humane environments, with a strong commitment to academic freedom.

In furtherance of the Mission, it is essential that University Community Members refrain from taking an official position on behalf of the University which includes expressing opinions on political, moral, or ideological issues that exceed the core mission of the University and its values of free inquiry, free expression, and intellectual diversity. University Community members shall use due diligence to make a distinction between the official position and statements of the University, including it’s schools, colleges, and departments, from the individual viewpoints and opinions of the University’s employees, contractors, students, and alumni.

Nothing in this Policy may be construed to limit the free speech of any individual beyond any employment requirements established by the University, or ability of the University to advocate for state funding or educational policies to the state or federal government. This Policy is compatible with the University’s current policies addressing free speech and expressive activity, UA-14 and UA-10. This Policy is also compatible with GR-01, which provides that consistent with I.C. 21-39-8.5, University Community members are prohibited from making a public statement in their official capacity with the University unless the statement relates to the business or operation of Indiana University or to an event sponsored by Indiana University; or has been approved by the Trustees of Indiana University.