PART 2Academic freedom

I123Upholding academic freedom

1

The Further and Higher Education (Scotland) Act 2005 is amended as follows.

2

For section 26 (academic freedom) there is substituted—

26Academic freedom

1

A post-16 education body must aim to—

a

uphold (so far as the body considers reasonable) the academic freedom of all relevant persons, and

b

ensure (so far as the body considers reasonable) that the matters mentioned in subsection (2) are not adversely affected by the exercise of academic freedom by any relevant persons.

2

The matters are—

a

appointments held or sought, and

b

entitlements or privileges enjoyed,

at the post-16 education body by those relevant persons.

3

In this section, “relevant persons” in relation to a post-16 education body means persons engaged in—

a

teaching, or the provision of learning, at the body, or

b

research at the body.

4

For the purposes of this section, “academic freedom” in relation to relevant persons includes their freedom within the law to do the following things—

a

hold and express opinions,

b

question and test established ideas or received wisdom,

c

develop and advance new ideas or innovative proposals,

d

present controversial or unpopular points of view.