Bill Text: IA SSB3120 | 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 civil remedies, and including effective date provisions.
Spectrum: Committee Bill
Status: (N/A - Dead) 2018-02-07 - Subcommittee recommends amendment and passage. [SSB3120 Detail]
Download: Iowa-2017-SSB3120-Introduced.html
Senate
Study
Bill
3120
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
EDUCATION
BILL
BY
CHAIRPERSON
SINCLAIR)
A
BILL
FOR
An
Act
relating
to
speech
and
expression
at
public
institutions
1
of
higher
education,
providing
for
civil
remedies,
and
2
including
effective
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
NEW
SECTION
.
261H.1
Definitions.
1
As
used
in
this
chapter,
unless
the
context
otherwise
2
requires:
3
1.
“Benefit”
with
respect
to
a
student
group
means
any
of
4
the
following:
5
a.
Recognition.
6
b.
Registration.
7
c.
The
use
of
facilities
of
the
public
institution
of
higher
8
education
for
meetings
or
speaking
purposes.
9
d.
The
use
of
channels
of
communication.
10
e.
Funding
sources
that
are
otherwise
available
to
other
11
student
groups
at
the
public
institution
of
higher
education.
12
2.
“Campus
community”
means
students,
administrators,
13
faculty,
and
staff
at
a
public
institution
of
higher
education
14
and
guests
invited
to
the
public
institution
of
higher
15
education
by
the
institution’s
students,
administrators,
16
faculty,
or
staff.
17
3.
“Outdoor
areas
of
campus”
means
the
generally
accessible
18
outside
areas
of
campus
where
students,
administrators,
19
faculty,
and
staff
at
the
public
institution
of
higher
20
education
are
commonly
allowed,
such
as
grassy
areas,
walkways,
21
or
other
similar
common
areas
and
does
not
include
outdoor
22
areas
where
access
is
restricted
to
a
majority
of
the
campus
23
community.
24
4.
“Public
institution
of
higher
education”
means
a
community
25
college
established
under
chapter
260C
or
an
institution
of
26
higher
learning
governed
by
the
state
board
of
regents.
27
5.
“Student”
means
any
person
who
is
enrolled
on
a
full-time
28
or
part-time
basis
at
a
public
institution
of
higher
education.
29
6.
“Student
organization”
means
an
officially
recognized
30
group
at
a
public
institution
of
higher
education,
or
a
group
31
seeking
official
recognition,
comprised
of
students
who
are
32
admitted
and
in
attendance
at
the
public
institution
of
higher
33
education,
and
who
receive,
or
are
seeking
to
receive,
benefits
34
through
the
public
institution
of
higher
education.
35
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Sec.
2.
NEW
SECTION
.
261H.2
Policy
adoption.
1
The
state
board
of
regents
and
the
board
of
directors
of
each
2
community
college
shall
adopt
a
policy
that
includes
all
of
the
3
following
statements:
4
1.
That
the
primary
function
of
an
institution
of
higher
5
education
is
the
discovery,
improvement,
transmission,
and
6
dissemination
of
knowledge
by
means
of
research,
teaching,
7
discussion,
and
debate.
This
statement
shall
provide
that,
to
8
fulfill
this
function,
the
institution
must
strive
to
ensure
9
the
fullest
degree
of
intellectual
freedom
and
free
expression.
10
2.
That
it
is
not
the
proper
role
of
the
institution
to
11
shield
individuals
from
speech
protected
by
the
first
amendment
12
of
the
Constitution
of
the
United
States,
including,
without
13
limitation,
ideas
and
opinions
the
individuals
find
unwelcome,
14
disagreeable,
or
even
deeply
offensive.
15
3.
That
students
and
faculty
have
the
freedom
to
discuss
16
any
problem
that
presents
itself,
as
the
first
amendment
of
17
the
Constitution
of
the
United
States
permits,
within
the
18
limits
of
reasonable
viewpoint-neutral
and
content-neutral
19
restrictions
on
time,
place,
and
manner
of
expression
that
20
are
consistent
with
this
chapter
and
that
are
necessary
to
21
achieve
a
significant
institutional
interest;
provided
that
22
these
restrictions
are
clear,
published,
and
provide
for
ample
23
alternative
means
of
expression.
24
4.
That
students
and
faculty
shall
be
permitted
to
assemble
25
and
engage
in
spontaneous
expressive
activity
as
long
as
26
such
activity
is
not
unlawful
and
does
not
materially
and
27
substantially
disrupt
the
functioning
of
the
institution,
28
subject
to
the
reasonable
restrictions
described
in
subsection
29
3.
30
5.
That
the
public
areas
of
campuses
of
the
institution
31
are
traditional
public
forums,
open
on
the
same
terms
to
any
32
invited
speaker.
33
Sec.
3.
NEW
SECTION
.
261H.3
Protected
activities.
34
1.
Expressive
activities
protected
under
the
provisions
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of
this
chapter
include
any
lawful
verbal
or
written
means
1
by
which
individuals
may
communicate
ideas
to
one
another,
2
including
all
forms
of
peaceful
assembly,
protests,
speeches
3
including
by
invited
speakers,
distribution
of
literature,
4
carrying
signs,
and
circulating
petitions.
5
2.
Any
person
who
wishes
to
engage
in
noncommercial
6
expressive
activity
on
campus
shall
be
permitted
to
do
so
7
freely,
as
long
as
the
person’s
conduct
is
not
unlawful
and
8
does
not
materially
and
substantially
disrupt
the
functioning
9
of
the
public
institution
of
higher
education,
subject
to
the
10
protections
of
subsection
1.
11
3.
A
public
institution
of
higher
education
shall
not
deny
12
a
belief-based
student
organization
any
benefit
or
privilege
13
available
to
any
other
student
organization,
or
otherwise
14
discriminate
against
a
belief-based
student
organization,
based
15
on
the
expression
of
the
belief-based
student
organization
16
or
on
the
expression
of
any
member
of
the
belief-based
17
organization,
and
shall
not
deny
any
such
benefit
or
privilege
18
based
on
a
requirement
that
the
leaders
or
members
of
the
19
belief-based
student
organization
do
any
of
the
following:
20
a.
Affirm
and
adhere
to
the
belief-based
student
21
organization’s
sincerely
held
beliefs.
22
b.
Comply
with
the
belief-based
student
organization’s
23
standards
of
conduct.
24
c.
Further
the
belief-based
student
organization’s
mission
25
or
purpose
as
defined
by
the
belief-based
student
organization.
26
4.
This
section
shall
not
be
interpreted
as
limiting
the
27
right
of
student
expression
in
a
counter
demonstration
held
28
elsewhere
on
campus
as
long
as
the
conduct
at
the
counter
29
demonstration
is
not
unlawful
and
does
not
materially
and
30
substantially
prohibit
the
free
expression
rights
of
others
on
31
campus
or
materially
and
substantially
disrupt
the
functioning
32
of
the
public
institution
of
higher
education.
33
5.
This
section
shall
not
be
interpreted
as
preventing
34
public
institutions
of
higher
education
from
prohibiting,
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limiting,
or
restricting
expression
that
the
first
amendment
1
of
the
Constitution
of
the
United
States
does
not
protect,
2
including
but
not
limited
to
a
threat
of
serious
harm
and
3
expression
directed
or
likely
directed
to
provoke
imminent
4
unlawful
actions;
or
from
prohibiting
harassment,
including
5
but
not
limited
to
expression
which
is
so
severe,
pervasive,
6
and
subjectively
and
objectively
offensive
that
the
expression
7
unreasonably
interferes
with
an
individual’s
access
to
8
educational
opportunities
or
benefits
provided
by
a
public
9
institution
of
higher
education.
10
Sec.
4.
NEW
SECTION
.
261H.4
Public
forums
on
campus
——
11
freedom
of
association.
12
The
outdoor
areas
of
campuses
of
public
institutions
of
13
higher
education
in
this
state
shall
be
deemed
traditional
14
public
forums.
Public
institutions
of
higher
education
15
may
maintain
and
enforce
reasonable
time,
place,
and
manner
16
restrictions
narrowly
tailored
to
serve
a
significant
17
institutional
interest
only
when
such
restrictions
employ
18
clear,
published,
viewpoint-neutral
and
content-neutral
19
criteria,
and
provide
for
ample
alternative
means
of
20
expression.
Such
restrictions
shall
allow
for
members
of
the
21
campus
community
to
engage
in
spontaneous
expressive
activity
22
and
to
distribute
literature.
23
Sec.
5.
NEW
SECTION
.
261H.5
Educational
materials
——
24
responsibilities
——
report.
25
1.
A
public
institution
of
higher
education
shall
do
all
of
26
the
following:
27
a.
Publicize
the
institution’s
policies,
regulations,
and
28
expectations
of
students
regarding
free
expression,
public
29
forums,
and
freedom
of
assembly
on
campus
in
handbooks,
on
the
30
institution’s
internet
site,
and
through
orientation
programs.
31
b.
Develop
materials,
programs,
and
procedures
to
ensure
32
that
persons
who
have
responsibility
for
the
discipline
33
or
education
of
students,
including
but
not
limited
to
34
administrators,
campus
police
officers,
residence
life
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officials,
and
professors,
understand
the
policies,
1
regulations,
and
duties
of
public
institutions
of
higher
2
education
regarding
free
expression
on
campus
consistent
with
3
this
chapter.
4
2.
A
public
institution
of
higher
education
shall
publicly
5
post
on
the
institution’s
internet
site
and,
by
December
1
6
annually,
submit
to
the
governor
and
the
general
assembly,
a
7
report
detailing
actions
taken
by
the
institution
to
comply
8
with
this
chapter.
The
internet
posting
must
be
concise
and
9
easily
accessible,
searchable
by
keywords
and
phrases,
and
10
accessible
to
the
public
without
requiring
registration,
a
11
username,
a
password,
or
any
other
user
identification.
The
12
posting
shall
include
all
of
the
following:
13
a.
A
description
of
any
barriers
to
or
incidents
of
14
disruption
of
free
expression
occurring
on
campus,
including
15
but
not
limited
to
attempts
to
block
or
prohibit
invited
16
speakers
and
investigations
into
students
or
student
17
organizations
regarding
their
speech.
The
description
shall
18
include
the
nature
of
each
barrier
or
incident,
as
well
19
any
disciplinary
action
taken
against
members
of
the
campus
20
community
determined
to
be
responsible
for
the
specific
barrier
21
or
incident.
The
description
shall
not
contain
any
student’s
22
personally
identifiable
information.
23
b.
Any
other
information
the
public
institution
of
higher
24
education
deems
valuable
for
the
public
to
evaluate
whether
25
free
expression
rights
for
all
members
of
the
campus
community
26
have
been
equally
protected
and
enforced
consistent
with
this
27
chapter.
28
c.
Information
pertaining
to
any
lawsuit
filed
or
proceeding
29
within
the
current
academic
year
against
the
institution
30
for
an
alleged
violation
of
a
right
of
a
member
of
the
31
campus
community
guaranteed
under
the
first
amendment
of
the
32
Constitution
of
the
United
States.
The
information
shall
33
include
a
copy
of
the
complaint
in
the
lawsuit
which
shall
also
34
be
submitted
by
the
institution
to
the
governor
and
the
general
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assembly
within
thirty
days
of
the
filing
of
the
lawsuit.
1
Sec.
6.
NEW
SECTION
.
261H.6
Civil
remedies
——
statute
of
2
limitations
——
immunity.
3
1.
A
person
or
student
organization
aggrieved
by
a
violation
4
of
this
chapter
may
bring
an
action
against
the
public
5
institution
of
higher
education
responsible
for
the
violation
6
and
seek
appropriate
relief,
including
but
not
limited
to
7
injunctive
relief,
monetary
damages,
reasonable
attorney
fees,
8
and
court
costs.
9
2.
A
person
or
student
organization
aggrieved
by
a
violation
10
of
this
chapter
may
assert
such
violation
as
a
defense
11
or
counterclaim
in
a
disciplinary
action
or
in
a
civil
or
12
administrative
proceeding
brought
against
the
person
or
student
13
organization.
14
3.
A
person
or
student
organization
shall
bring
suit
for
15
violation
of
this
chapter
pursuant
to
this
section
not
later
16
than
one
year
after
the
day
the
cause
of
action
accrues.
For
17
purposes
of
calculating
the
one-year
limitation
period,
each
18
day
that
the
violation
persists,
and
each
day
that
a
policy
in
19
violation
of
this
chapter
remains
in
effect,
shall
constitute
20
a
new
violation
of
this
chapter
and,
therefore,
a
new
day
on
21
which
a
cause
of
action
accrues.
22
4.
This
section
shall
not
be
interpreted
to
limit
any
other
23
remedies
available
to
a
person
or
student
organization.
24
5.
The
state
waives
immunity
under
the
eleventh
amendment
25
of
the
Constitution
of
the
United
States
and
consents
to
suit
26
in
a
federal
court
for
lawsuits
arising
out
of
this
chapter.
27
A
public
institution
of
higher
education
that
violates
this
28
chapter
is
not
immune
from
suit
or
liability
for
the
violation.
29
Sec.
7.
IMPLEMENTATION
OF
ACT.
Section
25B.2,
subsection
30
3,
shall
not
apply
to
this
Act.
31
Sec.
8.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
32
importance,
takes
effect
upon
enactment.
33
EXPLANATION
34
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
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the
explanation’s
substance
by
the
members
of
the
general
assembly.
1
This
bill
relates
to
public
forums,
freedom
of
expression,
2
and
freedom
of
association
at
community
colleges
and
regents
3
universities.
4
DEFINITIONS.
The
bill
defines
“benefit”,
“campus
5
community”,
“outdoor
areas
of
campus”,
“public
institution
of
6
higher
education”,
“student”,
and
“student
organization”
for
7
purposes
of
the
new
Code
chapter
established
by
the
bill.
8
POLICY
ADOPTION.
The
bill
requires
the
boards
governing
9
the
public
postsecondary
institutions
to
adopt
a
policy
that
10
includes
statements
describing
the
functions
and
rules
of
11
institutions
with
regard
to
learning;
protected
speech;
the
12
freedom
to
discuss
issues
within
the
limits
of
reasonable
13
viewpoint-neutral
and
content-neutral
restrictions
on
time,
14
place,
and
manner
of
expression;
freedom
to
assemble
and
engage
15
in
spontaneous
expressive
activities
that
are
not
unlawful
and
16
do
not
materially
and
substantially
disrupt
the
functioning
of
17
the
institution;
and
public
areas
of
campuses
as
traditional
18
public
forums.
19
PROTECTED
ACTIVITIES.
Protected
activities
include
any
20
expressive
activities
protected
under
the
provisions
of
lawful
21
verbal
or
written
means
to
communicate
ideas,
including
all
22
forms
of
peaceful
assembly,
protests,
speeches
and
invited
23
speakers,
distribution
of
literature,
carrying
signs,
and
24
circulating
petitions.
Any
person
who
wishes
to
engage
in
25
noncommercial
expressive
activity
on
campus
shall
be
permitted
26
to
do
so
freely
as
long
as
the
conduct
is
not
unlawful
and
not
27
materially
and
substantially
disruptive.
However,
nothing
in
28
the
bill
shall
be
interpreted
as
preventing
the
institutions
29
from
prohibiting,
limiting,
or
restricting
unprotected
30
expression.
31
A
public
postsecondary
institution
shall
not
deny
a
32
belief-based
student
organization
any
benefit
or
privilege
33
available
to
any
other
student
organization.
However,
nothing
34
in
the
bill
shall
be
interpreted
as
limiting
the
right
of
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_____
student
expression
in
a
counter
demonstration
held
elsewhere
1
on
campus
so
long
as
the
conduct
at
the
counter
demonstration
2
is
not
unlawful
and
does
not
prohibit
the
free
expression
3
rights
of
others
or
materially
and
substantially
disrupt
the
4
functioning
of
the
institution
of
higher
education.
5
PUBLIC
FORUMS
ON
CAMPUS
——
FREEDOM
OF
ASSOCIATION.
The
6
bill
requires
that
the
outdoor
areas
of
campuses
of
public
7
postsecondary
institutions
be
deemed
traditional
public
8
forums.
The
institutions
may
maintain
and
enforce
reasonable
9
restrictions
only
when
such
restrictions
employ
clear,
10
published,
viewpoint-neutral
and
content-neutral
criteria,
and
11
provide
for
ample
alternative
means
of
expression.
12
EDUCATIONAL
MATERIALS
——
RESPONSIBILITIES
——
REPORT.
13
Each
public
postsecondary
institution
must
publicize
the
14
institution’s
policies,
regulations,
and
expectations
of
15
students
regarding
free
expression,
public
forums,
and
freedom
16
of
assembly
on
campus
in
handbooks,
on
the
institution’s
17
internet
site,
and
through
orientation
programs;
must
develop
18
educational
materials,
programs,
and
procedures,
relating
19
to
free
expression,
for
persons
who
have
responsibility
for
20
discipline
or
education
of
students;
and
must
publicly
post
21
on
its
internet
site
and
submit
to
the
governor
and
the
22
general
assembly
information
that
includes
a
description
of
23
any
barriers
to
or
incidents
of
disruption
of
free
expression
24
as
well
as
information
pertaining
to
any
lawsuit
filed
or
25
proceeding
within
the
current
academic
year
against
the
26
institution
for
an
alleged
violation
of
a
right
of
a
member
of
27
the
campus
community
guaranteed
under
the
first
amendment
of
28
the
Constitution
of
the
United
States.
29
CIVIL
REMEDIES,
STATUTE
OF
LIMITATIONS,
AND
IMMUNITY
30
PROVISIONS.
Any
aggrieved
person
or
student
organization
may
31
bring
an
action
against
the
institution
responsible
for
a
32
violation
of
the
Code
chapter
and
seek
appropriate
relief,
and
33
may
assert
such
violation
as
a
defense
or
counterclaim.
34
A
person
has
one
year
after
the
day
the
cause
of
action
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accrues
to
bring
suit
for
violation
of
the
Code
chapter.
1
However,
nothing
in
the
bill
shall
be
interpreted
to
limit
any
2
other
available
remedies
to
a
person.
3
The
state
waives
immunity
under
the
11th
amendment
of
the
4
Constitution
of
the
United
States
and
consents
to
suit
in
a
5
federal
court
for
lawsuits
arising
out
of
the
Code
chapter.
6
STATE
MANDATE
——
INAPPLICABILITY
PROVISION.
The
bill
may
7
include
a
state
mandate
as
defined
in
Code
section
25B.3.
The
8
bill
makes
inapplicable
Code
section
25B.2,
subsection
3,
which
9
would
relieve
a
political
subdivision
from
complying
with
a
10
state
mandate
if
funding
for
the
cost
of
the
state
mandate
is
11
not
provided
or
specified.
Therefore,
political
subdivisions
12
are
required
to
comply
with
any
state
mandate
included
in
the
13
bill.
14
EFFECTIVE
DATE.
The
bill
takes
effect
upon
enactment.
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