Section 402 – Institution duties.

• (1) An institution is in violation of this part if the institution:
  • (a) gains actual knowledge of discriminatory harassment in the institution’s program or activity; and
  • (b) acts with deliberate indifference to the discriminatory harassment.

• (2)
  • (a) An institution may not sanction or discipline, as discriminatory harassment, student-on-student speech that does not constitute discriminatory harassment.
  • (b) An institution is not liable under this part for failing to sanction or discipline a student who communicates student-on-student speech that is not discriminatory harassment.

• (3) Nothing in this part prevents an institution from sanctioning or disciplining student-on-student speech that is otherwise not protected under the First Amendment to the United States Constitution.

• (4) Nothing in this part prevents an institution from responding to student-on-student speech that is not discriminatory harassment by taking nonpunitive actions designed to promote a welcoming, inclusive environment.

• (5) Nothing in this part prevents an institution from maintaining policies prohibiting stalking or other criminal activity.

Enacted by Chapter 125, 2021 General Session