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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1289 By: Caldwell (Chad)
AS INTRODUCED
An Act relating to higher education; creating the
Academic Loyalty Oath Ban; providing legislative
intent; defining terms; prohibiting certain
ideological oaths; prohibiting certain required
communication; creating a right of action; waiving
sovereign immunity; providing for attorney fees and
costs; providing for termination of employment for
certain acts; providing for codification; providing
an effective date; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 9501 of Title 70, unless there
is created a duplication in numbering, reads as follows:
This act shall be known as the "Academic Loyalty Oath Ban".
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 9502 of Title 70, unless there
is created a duplication in numbering, reads as follows:
The purpose of this act is to prohibit certain ideological oaths
that undermine academic freedom and open inquiry, and that impede
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the discovery, preservation, and transmission of knowledge at
Oklahoma public institutions of higher education.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 9503 of Title 70, unless there
is created a duplication in numbering, reads as follows:
As used in this act:
1. "Applicant" means a person who applies to an institution of
higher education for employment, admission, or as a potential
contractor;
2. "Contractor" means a person engaged by an institution of
higher education for the purpose of providing goods or services to
that institution, but who is not an employee of the institution;
3. "Discriminatory ideology" means an ideology that promotes
the differential treatment of any individual or groups of
individuals based on immutable characteristics of race, color,
ethnicity, or national origin;
4. "Employee" means an individual employed by an institution of
higher education;
5. "Institutional Review Board" means an administrative body
established in compliance with federal law and regulations to
protect the rights and welfare of human research subjects recruited
to participate in research activities conducted under the auspices
of the institution with which it is affiliated;
6. "Individual" means a natural person;
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7. "Institution of higher education" means state educational
institutions within the Oklahoma State System of Higher Education;
8. "Person" means an individual or a corporation, partnership,
limited liability company, business trust, trust, association, or
other organization, or other legal entity, or a protected series or
registered series of a domestic limited liability company;
9. "Preferential consideration" means any act that positively
impacts a person's admission to, employment with, engagement as a
contractor by, or promotion within an institution of higher
education, including:
a. applications for admissions, aid, assistance, and
benefits for which the person is eligible, and
b. employment terms, benefits, seniority status,
promotion, transfer, and appointments, for which the
person is eligible; and
10. "Student" means an individual enrolled as a student at an
institution of higher education.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 9504 of Title 70, unless there
is created a duplication in numbering, reads as follows:
A. Neither an institution of higher education nor an
institutional review board associated with an institution of higher
education may:
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1. Compel, require, induce, or solicit any applicant, employee,
student, or contractor to endorse any discriminatory ideology;
2. Compel, require, induce, or solicit any applicant, employee,
student or contractor to provide a communication, written or oral,
relating to:
a. the applicant's, employee's, student's, or
contractor's race, color, ethnicity, or national
origin, except to record necessary demographic
information of the person,
b. the applicant's, employee's, student's, or
contractor's views on, experience with, or past or
planned contributions to an elected official,
candidate for an elected office, political party or
ideology, or efforts involving diversity, equity, and
inclusion, marginalized groups, anti-racism, social
justice, intersectionality, or related concepts, or
c. the applicant's, employee's, student's, or
contractor's views on or experience with race, color,
ethnicity, national origin, or other immutable
characteristics of students and co-workers;
3. Provide preferential consideration to any applicant,
employee, student, or contractor on the basis of that person's
provision of an unsolicited statement related to an elected
official, candidate for elected office, political party or ideology,
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or efforts involving diversity, equity, and inclusion, marginalized
groups, anti-racism, social justice, intersectionality, or related
concepts, or discriminatory ideology.
B. Nothing in this section shall be construed to:
1. Restrict academic research or coursework;
2. Prevent an institution of higher education from requiring
applicants:
a. to disclose or discuss the content of their research
or artistic creations,
b. to certify compliance with state and federal anti-
discrimination law, or
c. to discuss pedagogical approaches or experience with
students with learning disabilities;
3. Prevent an applicant or candidate from providing, of his or
her own initiative and pursuant to no specific requirement or
request from the institution of higher education, any information
described in this section.
C. Each institution of higher education's legal representation
shall annually transmit a report on compliance with this law in
writing to the Speaker of the Oklahoma House of Representatives and
President Pro Tempore of the Oklahoma State Senate.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 9505 of Title 70, unless there
is created a duplication in numbering, reads as follows:
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A. An applicant, employee, student, or contractor:
1. Who was compelled, required, induced, or solicited to
endorse an elected official, candidate for an elected office,
political party or ideology, or efforts involving diversity, equity,
and inclusion, marginalized groups, anti-racism, social justice,
intersectionality, or related concepts, or a discriminatory ideology
or to provide a communication as described in paragraph 2 of
subsection A of Section 4 of this act; or
2. Who was adversely affected by an institution's preferential
consideration of another for such person's unsolicited statement
relating to an elected official, candidate for an elected office,
political party or ideology, or efforts involving diversity, equity,
and inclusion, marginalized groups, anti-racism, social justice,
intersectionality, or related concepts, or a discriminatory
ideology;
in violation of Section 4 of this act, may pursue an action for
injunctive or declaratory relief against the institution that
violated Section 4 of this act.
B. An injunction imposed under this section in favor of an
applicant, employee, contractor, or student against an institution
of higher education because of a violation of Section 4 of this act
may include an order requiring the institution to:
1. Admit the applicant for enrollment as a student;
2. Re-enroll a student who was suspended or expelled;
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3. Hire a person for the position for which the person's
employment application was rejected;
4. Re-hire in the same or equal position an employee who was
terminated from his or her position;
5. Promote an employee who was denied a promotion; or
6. Provide tenure to an employee who was denied tenure.
C. Sovereign or governmental immunity, as applicable, is waived
for an action provided for by this section.
D. Notwithstanding any other provisions of law, a person may
commence an action under this section and relief may be granted
regardless of whether the person sought or exhausted available
administrative or legal remedies before commencing the action.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 9506 of Title 70, unless there
is created a duplication in numbering, reads as follows:
The prevailing party in an action brought under Section 5 of
this act may be awarded reasonable attorney's fees and costs in
accordance with Section 696.4 of Title 12 of the Oklahoma Statutes.
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 9507 of Title 70, unless there
is created a duplication in numbering, reads as follows:
A. An institution of higher education employee, whether
tenured, employed at will, or working pursuant to a contract:
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1. Who is found to have compelled, required, or induced an
applicant, employee, student, or contractor to endorse an elected
official, candidate for an elected office, political party or
ideology, or efforts involving diversity, equity, and inclusion,
marginalized groups, anti-racism, social justice, intersectionality,
or related concepts, or a discriminatory ideology or provide a
communication as described in paragraph 2 of subsection A of Section
4 of this act; or
2. Who provided preferential consideration to an applicant,
employee, student, or contractor on the basis of that person's
unsolicited provision of comment upon an elected official, candidate
for an elected office, political party or ideology, or efforts
involving diversity, equity, and inclusion, marginalized groups,
anti-racism, social justice, intersectionality, or related concepts,
or a discriminatory ideology,
shall be disciplined by the institution of higher education.
B. Upon a first finding that the employee has engaged in the
prohibited conduct, the employee shall be placed on unpaid leave for
the next academic year, and shall be ineligible for employment at
any other public institution of higher education during the period
of such unpaid leave. Upon a second or subsequent finding that the
employee has engaged in the prohibited conduct, the employee shall
be terminated from employment and shall be ineligible for employment
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at any institution of higher education for no less than five (5)
years after the date of the second or subsequent finding.
SECTION 8. This act shall become effective July 1, 2025.
SECTION 9. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
60-1-10572 AQH 01/08/25