Retired IU professors sue trustees, seek injunction over faculty governance ban

Staff report

BLOOMINGTON, Ind. — August 22, 2025

Three retired Indiana University professors have filed a lawsuit against the university’s Board of Trustees, arguing that new restrictions barring emeritus faculty from participating in faculty governance are unlawful and unconstitutional.

The lawsuit, filed Aug. 20 in Monroe Circuit Court, challenges both a provision in Indiana’s 2025 budget law and a university policy known as BOT-19. Together, the measures prohibit retired faculty from voting or serving in any capacity on the Bloomington Faculty Council (BFC) or its committees.

Plaintiffs Steven J. Sherman, James A. Tanford, and Russell J. Skiba — all emeritus professors — say the changes strip them of elected positions and block decades of service to faculty governance. Sherman and Tanford had been elected as voting members of the BFC through June 2026, while Skiba was serving as an alternate. All three had also volunteered for committee service but were disqualified under the new policy.

The professors argue that the trustees overstepped their authority, calling BOT-19 an ultra vires act not authorized by Indiana law. They also contend that the legislature’s budget rider, Indiana Code § 21-38-11-3, violates the state constitution’s “single-subject rule” because it was inserted into a budget bill without debate or notice.

An ultra vires act (Latin for “beyond the powers”) is when a person or governing body does something outside the scope of the legal authority given to them.

• In law/government: It usually refers to a public body, like a city council or university board, taking an action that the law does not authorize. If the enabling statutes don’t give them that power, the action is “ultra vires” and can be struck down by a court.
• In corporations/organizations: It can mean directors or officers making decisions or contracts outside the powers granted in their bylaws or charter.

“The Board of Trustees has no statutory power to decide who can serve on faculty councils or committees,” the complaint states. “Indiana Code § 21-38-11-3 is therefore unconstitutional and unenforceable”

On Aug. 21, the plaintiffs also filed a motion for a preliminary injunction, asking the court to block enforcement of both the state law and BOT-19 before the first BFC meeting of the academic year on Sept. 23. Their attorney, Tanford, requested a hearing by Sept. 9, citing a pre-planned vacation and the urgency of preserving the professors’ seats on the council.

The motion argues the plaintiffs are likely to succeed on the merits and will suffer irreparable harm without court intervention, since they were duly elected to the BFC but will be barred from serving. It also notes that faculty council actions are advisory only, meaning an injunction would not disrupt university administration or finances.

The case is Sherman, Tanford, and Skiba v. The Trustees of Indiana University, No. 53C01-2508-PL-002317, in Monroe Circuit Court.

The post Retired IU professors sue trustees, seek injunction over faculty governance ban first appeared on The Bloomingtonian.