Bill Text: IA SF2344 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to speech and expression at public institutions of higher education, providing for remedies, and including effective date provisions. (Formerly SSB 3120.)
Sponsorship: Committee Bill
Status: (Engrossed - Dead) 2018-03-07 - Subcommittee recommends passage. [SF2344 Detail]
Download: Iowa-2017-SF2344-Introduced.html
Senate File 2344 - Introduced SENATE FILE BY COMMITTEE ON EDUCATION (SUCCESSOR TO SSB 3120) A BILL FOR 1 An Act relating to speech and expression at public institutions 2 of higher education, providing for remedies, and including 3 effective date provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5524SV (2) 87 kh/rj PAG LIN 1 1 Section 1. NEW SECTION. 261H.1 Definitions. 1 2 As used in this chapter, unless the context otherwise 1 3 requires: 1 4 1. "Benefit" with respect to a student organization at 1 5 a public institution of higher education means any of the 1 6 following: 1 7 a. Recognition. 1 8 b. Registration. 1 9 c. Use of facilities for meetings or speaking purposes. 1 10 d. Use of channels of communication. 1 11 e. Access to funding sources that are otherwise available 1 12 to other student groups. 1 13 2. "Campus community" means students, administrators, 1 14 faculty, and staff at a public institution of higher education 1 15 and guests invited to a public institution of higher education 1 16 by the institution's students, administrators, faculty, or 1 17 staff. 1 18 3. "Outdoor areas of campus" means the generally accessible 1 19 outside areas of campus where students, administrators, 1 20 faculty, and staff at a public institution of higher education 1 21 are commonly allowed, such as grassy areas, walkways, or other 1 22 similar common areas and does not include areas outside health 1 23 care facilities, veterinary medicine facilities, a facility 1 24 or outdoor area used by the institution's athletics program 1 25 or teams, or other outdoor areas where access is restricted 1 26 to a majority of the campus community. In recognition of the 1 27 healing environment that is essential to its clinical purposes, 1 28 the areas outside health care facilities are not a traditional 1 29 or designated public forum. 1 30 4. "Public institution of higher education" means a community 1 31 college established under chapter 260C or an institution of 1 32 higher learning governed by the state board of regents. 1 33 5. "Student" means an individual who is enrolled on a 1 34 full=time or part=time basis at a public institution of higher 1 35 education. 2 1 6. "Student organization" means a group officially 2 2 recognized at or officially registered by a public institution 2 3 of higher education, or a group seeking such official 2 4 recognition or official registration, comprised of students who 2 5 are admitted and in attendance at the public institution of 2 6 higher education, and who receive, or are seeking to receive, 2 7 student organization benefits or privileges through the public 2 8 institution of higher education. 2 9 Sec. 2. NEW SECTION. 261H.2 Policy adoption. 2 10 The state board of regents and the board of directors of each 2 11 community college shall adopt a policy that includes all of the 2 12 following statements: 2 13 1. That the primary function of an institution of higher 2 14 education is the discovery, improvement, transmission, and 2 15 dissemination of knowledge by means of research, teaching, 2 16 discussion, and debate. This statement shall provide that, to 2 17 fulfill this function, the institution must strive to ensure 2 18 the fullest degree of intellectual freedom and free expression 2 19 allowed under the first amendment to the Constitution of the 2 20 United States. 2 21 2. a. That it is not the proper role of an institution of 2 22 higher education to shield individuals from speech protected by 2 23 the first amendment to the Constitution of the United States, 2 24 which may include ideas and opinions the individual finds 2 25 unwelcome, disagreeable, or even offensive. 2 26 b. That it is the proper role of an institution of higher 2 27 education to encourage diversity of thoughts, ideas, and 2 28 opinions and to encourage, within the bounds of the first 2 29 amendment to the Constitution of the United States, the 2 30 peaceful, respectful, and safe exercise of first amendment 2 31 rights. 2 32 3. That students and faculty have the freedom to discuss 2 33 any problem that presents itself, assemble, and engage in 2 34 spontaneous expressive activity on campus, within the bounds 2 35 of established principles of the first amendment to the 3 1 Constitution of the United States, and subject to reasonable 3 2 time, place, and manner restrictions that are consistent with 3 3 established first amendment principles. 3 4 4. That the public areas of campus of an institution 3 5 of higher education are traditional public forums, open on 3 6 the same terms to any invited speaker subject to reasonable 3 7 time, place, and manner restrictions that are consistent 3 8 with established principles of the first amendment to the 3 9 Constitution of the United States. 3 10 Sec. 3. NEW SECTION. 261H.3 Protected activities. 3 11 1. Noncommercial expressive activities protected under the 3 12 provisions of this chapter include any lawful oral or written 3 13 means by which members of the campus community may communicate 3 14 ideas to one another, including all forms of peaceful assembly, 3 15 protests, speeches including by invited speakers, distribution 3 16 of literature, and circulating petitions. 3 17 2. A member of the campus community who wishes to engage in 3 18 noncommercial expressive activity in outdoor areas of campus 3 19 shall be permitted to do so freely, subject to reasonable 3 20 time, place, and manner restrictions that are consistent 3 21 with established principles of the first amendment to the 3 22 Constitution of the United States, and as long as the member's 3 23 conduct is not unlawful and does not disrupt the functioning 3 24 of the public institution of higher education, subject to the 3 25 protections of subsection 1. The public institution of higher 3 26 education may designate other areas of campus available for 3 27 use by the campus community according to institutional policy, 3 28 but in all cases access to designated areas of campus must be 3 29 granted on a content=neutral and viewpoint=neutral basis within 3 30 the bounds of established first amendment principles. 3 31 3. A public institution of higher education shall not deny 3 32 benefits or privileges available to student organizations based 3 33 on the viewpoint of a student organization or the expression 3 34 of the viewpoint of a student organization by the student 3 35 organization or its members protected by the first amendment to 4 1 the Constitution of the United States. In addition, a public 4 2 institution of higher education shall not deny any benefit 4 3 or privilege to a student organization based on the student 4 4 organization's requirement that the leaders of the student 4 5 organization affirm or agree to the student organization's 4 6 beliefs or standards of conduct or further the student 4 7 organization's mission. 4 8 4. A public institution of higher education may prohibit 4 9 student organizations from discriminating against members 4 10 or prospective members on the basis of any protected status 4 11 recognized by federal or state law. 4 12 5. This section shall not be interpreted as limiting the 4 13 right of student expression in a counter demonstration held on 4 14 campus as long as the conduct at the counter demonstration is 4 15 not unlawful and does not materially and substantially prohibit 4 16 the free expression rights of others on campus or disrupt the 4 17 functioning of the public institution of higher education, 4 18 subject to reasonable time, place, and manner restrictions 4 19 that are consistent with established principles of the first 4 20 amendment to the Constitution of the United States. 4 21 6. Nothing in this chapter shall be interpreted as 4 22 preventing public institutions of higher education from 4 23 prohibiting, limiting, or restricting expression that is not 4 24 protected by the first amendment to the Constitution of the 4 25 United States. 4 26 Sec. 4. NEW SECTION. 261H.4 Public forums on campus ==== 4 27 freedom of association. 4 28 The outdoor areas of campuses of public institutions of 4 29 higher education in this state shall be deemed traditional 4 30 public forums. Public institutions of higher education 4 31 may maintain and enforce reasonable time, place, and manner 4 32 restrictions consistent with established principles of the 4 33 first amendment to the Constitution of the United States. Such 4 34 restrictions shall allow for members of the campus community 4 35 to engage in spontaneous expressive activity and to distribute 5 1 literature. 5 2 Sec. 5. NEW SECTION. 261H.5 Remedies ==== statute of 5 3 limitations ==== immunity. 5 4 1. A member of the campus community aggrieved by a violation 5 5 of this chapter may file a complaint with the governing body of 5 6 the public institution of higher education. 5 7 2. A member of the campus community aggrieved by a violation 5 8 of this chapter may assert such violation as a defense 5 9 or counterclaim in a disciplinary action or in a civil or 5 10 administrative proceeding brought against the member of the 5 11 campus community. 5 12 3. A member of the campus community shall bring a claim for 5 13 violation of this chapter pursuant to this section not later 5 14 than one year after the day the cause of action accrues. 5 15 4. This section shall not be interpreted to limit any other 5 16 remedies available to a member of the campus community. 5 17 5. Nothing in this section shall be construed to make 5 18 any administrator, officer, employee, or agent of a public 5 19 institution of higher education personally liable for acts 5 20 taken pursuant to the individual's official duties. 5 21 Sec. 6. IMPLEMENTATION OF ACT. Section 25B.2, subsection 5 22 3, shall not apply to this Act. 5 23 Sec. 7. EFFECTIVE DATE. This Act, being deemed of immediate 5 24 importance, takes effect upon enactment. 5 25 EXPLANATION 5 26 The inclusion of this explanation does not constitute agreement with 5 27 the explanation's substance by the members of the general assembly. 5 28 This bill relates to public forums, freedom of expression, 5 29 and freedom of association at community colleges and regents 5 30 universities. 5 31 DEFINITIONS. The bill defines "benefit", "campus 5 32 community", "outdoor areas of campus", "public institution of 5 33 higher education", "student", and "student organization" for 5 34 purposes of the new Code chapter established by the bill. 5 35 POLICY ADOPTION. The bill requires the boards governing 6 1 the public postsecondary institutions to adopt a policy that 6 2 includes statements describing the functions and roles of 6 3 institutions with regard to knowledge; protected speech; 6 4 the freedom to discuss within the bounds of the established 6 5 principles of the first amendment to the United States 6 6 Constitution; freedom to assemble and engage in spontaneous 6 7 expressive activities subject to reasonable time, place, 6 8 and manner restrictions; and public areas of campuses as 6 9 traditional public forums. 6 10 PROTECTED ACTIVITIES. Protected activities include 6 11 noncommercial expressive activities including oral or written 6 12 means to communicate ideas, including all forms of peaceful 6 13 assembly, protests, speeches including by invited speakers, 6 14 distribution of literature, and circulating petitions. A 6 15 member of the campus community who wishes to engage in 6 16 noncommercial expressive activity on campus shall be permitted 6 17 to do so freely subject to reasonable time, place, and 6 18 manner restrictions. However, nothing in the bill shall be 6 19 interpreted as preventing the institutions from prohibiting, 6 20 limiting, or restricting unprotected expression. 6 21 A public postsecondary institution shall not deny a student 6 22 organization any benefit or privilege available to any other 6 23 student organization. However, nothing in the bill shall be 6 24 interpreted as limiting the right of student expression in a 6 25 counter demonstration held on campus so long as the conduct 6 26 at the counter demonstration is not unlawful and does not 6 27 materially and substantially prohibit the free expression 6 28 rights of others or disrupt the functioning of the institution. 6 29 PUBLIC FORUMS ON CAMPUS == FREEDOM OF ASSOCIATION. The 6 30 bill requires that the outdoor areas of campuses of public 6 31 postsecondary institutions be deemed traditional public forums. 6 32 The institutions may maintain and enforce reasonable time, 6 33 place, and manner restrictions consistent with first amendment 6 34 established principles. 6 35 REMEDIES, STATUTE OF LIMITATIONS, AND IMMUNITY PROVISIONS. 7 1 An aggrieved member of the campus community may bring an action 7 2 against the institution responsible for a violation of the 7 3 Code chapter and seek appropriate relief, and may assert such 7 4 violation as a defense or counterclaim. 7 5 Such person has one year after the day the cause of action 7 6 accrues to bring a claim for violation of the Code chapter. 7 7 However, nothing in the bill shall be interpreted to limit any 7 8 other available remedies to a member of the campus community. 7 9 STATE MANDATE == INAPPLICABILITY PROVISION. The bill may 7 10 include a state mandate as defined in Code section 25B.3. The 7 11 bill makes inapplicable Code section 25B.2, subsection 3, which 7 12 would relieve a political subdivision from complying with a 7 13 state mandate if funding for the cost of the state mandate is 7 14 not provided or specified. Therefore, political subdivisions 7 15 are required to comply with any state mandate included in the 7 16 bill. 7 17 EFFECTIVE DATE. The bill takes effect upon enactment. LSB 5524SV (2) 87 kh/rj
