§18B-20-9. Statute of Limitations
Any action brought pursuant to this article shall be commenced not later than one year after the day the cause of action accrues.
§18B-20-3. Public Forums; Establishment of Free Speech Zones Prohibited
The outdoor areas of campuses of state institutions of higher education shall be considered public forums for the campus community, and state institutions of higher education shall not limit free speech by creating “free speech zones” or other designated areas of campus outside of which expressive activities are prohibited. Nothing in this section shall be […]
§18B-20-4. Time, Place, and Manner Restrictions
(a) Any person who wishes to engage in protected and lawful expressive activity on campus shall be permitted to do so freely, as long as the persons conduct is not unlawful, and does not materially and substantially disrupt the functioning of the state institution of higher education. (b) To enable the state institutions of higher […]
§18B-20-5. Freedom of Association and Nondiscrimination Against Students and Student Organizations
A state institution of higher education may not deny a religious, political, or ideological student organization which is open to all students any benefit or privilege made available to any other student organization by the state institution of higher education, or otherwise discriminate against an organization, based on the expression of the organization.
§18B-20-6. Development of Policies and Procedures
State institutions of higher education shall develop materials to educate the campus community on the institutions free speech policies.
§18B-20-7. Accountability to the Public
(a) Each state institution of higher education shall publicly post on its website any policies it has enacted regarding protected expressive activity under the First Amendment to the United States Constitution. (b) Each campus shall report to the Higher Education Policy Commission or the Council for Community and Technical College Education, as applicable, a description […]
§18B-20-8. Remedies
Any person or student organization aggrieved by a violation of this article may bring an action against the state institution of higher education and its employees acting in their official capacities, alleged to be responsible for the alleged violation. The aggrieved person or student organization may seek injunctive relief and actual damages, as well as […]
§18B-19-18. Reporting
(a) By July 1, 2013, and annually thereafter, the commission and council shall provide a general status report to the Legislative Oversight Commission on Education Accountability on the progress being made in implementing the state-wide capital development plan and on the progress of the governing boards in implementing the objectives of institutions' campus development plans. […]
§18B-19-19. Applicability to Certain Institutions
The governing boards of the exempted schools each may, without obtaining approval of the commission, take any action described or set forth in this article that otherwise would require the approval or confirmation of the commission. The respective governing board shall provide notice of the action to the commission. If the commission requests additional information […]
§18B-20-1. Definitions
As used in this article: (1) “Campus community” includes students, administrators, faculty, and staff at the institution of higher education, and their invited guests. (2) “Harassment” means an expression that is unwelcome, so severe, pervasive, and subjectively and objectively offensive that a student is effectively denied equal access to educational opportunities or benefits provided by […]