Tension over academic tenure at 2‑year colleges as committee hears amended HB 1437

Representative Mike Machchenbacher (District 47) told the committee he brought an amended version of House Bill 1437 designed to address academic tenure and post‑tenure review at North Dakota institutions. He said the updated amendment (01001) does not eliminate tenure outright but would require clearer procedures for tenure, annual evaluations, and post‑tenure review timelines; it also spells out who conducts reviews and how institutions must notify faculty of position types.

Machchenbacher framed tenure as a strong job protection intended to promote academic freedom but questioned broad application at two‑year institutions and said the amendment defines post‑tenure procedures and allows institutions to take action if a tenured faculty member receives subpar reviews. He cited constitutional language describing State Board of Higher Education authority (Article 8, section 6) to frame the legislature’s authority to set statutory limits.

Union and higher‑education representatives opposed the bill in its original form and urged the committee to reject removal of tenure. Nick Archuleta, president of North Dakota United, argued tenure “assures academic freedom” and described the established tenure process, including multi‑level reviews and existing annual evaluations and termination for cause. Archuleta and college leaders warned that removing tenure would hinder recruitment and retention, risk student outcomes and could invite national scrutiny of North Dakota institutions.

Several witnesses, including Lake Region State College Vice President Lloyd Halverson and the North Dakota Student Association (Carter Gill), pressed that community colleges already rely on a mix of tenured, non‑tenured and adjunct faculty and that tenure remains a small share of staffing at some institutions; Halverson said LRSC employs 37 full‑time instructors, 16 of whom hold tenure.

Chancellor Hagerott and Lisa Johnson, NDUS vice chancellor for academic and student affairs, told the committee the State Board of Higher Education has convened an ad hoc committee that has logged extensive public meetings (the chancellor said the board and staff had recorded roughly 70 hours of work) to revise tenure and post‑tenure policies; Johnson said the board recently implemented new policy elements and asked the committee to consider the sponsor’s amended language rather than the original ban. Several witnesses recommended additional, precise language on post‑tenure review committees, timelines and whether faculty should compose a specified fraction of review panels.

Leader Mike LaFleur and Representative Machchenbacher both said they are willing to negotiate working language; plaintiffs and the system office noted they want to preserve academic freedom while improving clarity and accountability. The public hearing ended with the committee closing testimony and no recorded vote.