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 […]
Expressive activities protected under the provisions of 18-1-1 et seq. of this code include, but are not limited to, any lawful verbal and nonverbal speech. This may include lawful and protected forms of peaceful assembly, protests, speeches and guest speakers, distribution of literature, carrying signs, and circulating petitions.
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 […]
(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 […]
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.
State institutions of higher education shall develop materials to educate the campus community on the institutions free speech policies.
(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 […]
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 […]
Any action brought pursuant to this article shall be commenced not later than one year after the day the cause of action accrues.
