Senate Bill 18 (SB 18)
The “Anti-Tenure” Bill
Terms to Know
A governing board or university system describes a board of directors appointed by the Texas Governor.
Tenure under Texas law means a faculty member who cannot be fired unless the university determines that the person is incompetent, neglected their duty, or for “other good cause.”
Due process is the opportunity to be heard and have a fair trial or hearing.
The Law and Its Impact
The “Anti-Tenure” law gives more power to universities’ governing boards to oversee tenure policies at their respective universities. This means boards can create their own system of tiered employment status for faculty members, subject to mandatory annual performance evaluation. Most, if not all, Texas universities already meet the standards which the new law introduces. However, it would still introduce constraints for universities to govern as they see fit.
Section 3(c-1) of the law targets faculty who have more activist-oriented views, such as those who speak on Critical Race Theory or social justice, by stating they can lose their tenure for poorly defined terms such as “professional incompetence,” “moral turpitude,” and “unprofessional conduct.” The language of the bill is intended to censor professors and their work. For example:
Sec. 3(c-1)(2)(A)(i) allows for dismissal of a tenured faculty who has “exhibited professional incompetence.”
Sec. 3(c-1)(2)(A)(iv) allows for dismissal of a tenured faculty who has “engaged in conduct involving moral turpitude that adversely affects the institution…”
Sec. 3(c-1)(2)(A)(vii) allows for dismissal of a tenured faculty who has “engaged in unprofessional conduct that adversely affects the institution…”
The law also has grave consequences for a faculty member’s right to due process. Section 3(c) only includes a “faculty member’s regular annual salary” in their “property interest.” This means that if a faculty member is found to be performing in an unsatisfactory way, they cannot expect due process to protect any other aspect of their job. In a “normal” situation in which tenure is under evaluation, faculty will have due process with evidence and an opportunity to defend themselves.
Why Support Tenure?
We need to support tenure to protect academic freedom, the First Amendment right of freedom of speech, and job security for faculty. For example:
The law threatens academic freedom by limiting what professors can study or teach about, as they can be fired for this reason now.
Freedom of speech is at risk because if a professor were to say something that a university’s governing board disagrees with, on the grounds of “moral turpitude,” for example, the faculty member could become subject to dismissal.
People with or seeking tenure will become job insecure in Texas because it will become more difficult to maintain their tenure.
All in all, the “Anti-Tenure” law prevents Texans from supporting academic freedom and the freedom of speech, while also preventing them from ensuring professors keep their jobs.
SB 18 was signed into law by Governor Greg Abbott on June 18, 2023.