Relating to speech and expression at public institutions of higher education, providing for remedies, and including effective date provisions

The policy must also include a range of disciplinary sanctions; establish that members of the campus community are free to take positions on current public controversial issues; require that the institutions attempt to remain neutral; and prohibit the institution from taking action on current public policy controversies in such a way as to require members of the campus community to publicly express a given view of a public policy controversy. PROTECTED ACTIVITIES. Protected activities include noncommercial expressive activities including oral or written means to communicate ideas, including all forms of peaceful assembly, protests, speeches including by invited speakers, distribution of literature, and circulating petitions. A member of the campus community who wishes to engage in noncommercial expressive activity on campus shall be permitted to do so freely subject to reasonable time, place, and manner restrictions. However, nothing in the bill shall be interpreted as preventing the institutions from prohibiting, limiting, or restricting unprotected expression. A public postsecondary institution shall not deny a student organization any benefit or privilege available to any other student organization. However, nothing in the bill shall be interpreted as limiting the right of student expression in a counter demonstration held on campus so long as the conduct at the counter demonstration is not unlawful and does not materially and substantially prohibit the free expression rights of others or disrupt the functioning of the institution. PUBLIC FORUMS ON CAMPUS —— FREEDOM OF ASSOCIATION. The bill requires that the outdoor areas of campuses of public postsecondary institutions be deemed traditional public forums. The institutions may maintain and enforce reasonable time, place, and manner restrictions consistent with first amendment established principles. REMEDIES, STATUTE OF LIMITATIONS, AND IMMUNITY PROVISIONS. An aggrieved member of the campus community may bring an action against the institution responsible for a violation of the Code chapter and seek appropriate relief, and may assert such violation as a defense or counterclaim. Such person has one year after the day the cause of action accrues to bring a claim for violation of the Code chapter. A member of the campus community who is the subject of a complaint is entitled to a disciplinary hearing and to certain rights established by the bill, including the right to counsel if suspension for more than 30 days or expulsion are potential sanctions. If two or more disciplinary hearings result in disciplinary actions against the same student, the student shall be suspended for a minimum of one year or expelled. Procedures for the hearing must be published by the institution on its internet site. If the court finds that a violation occurred, the court shall award the aggrieved person injunctive relief; reasonable court costs and reasonable attorney fees; and damages of $1,000 or actual damages, whichever is higher. Nothing in the bill shall be interpreted to limit any other available remedies to a member of the campus community. COMMITTEE ON FREE EXPRESSION —— ANNUAL REPORT. The state board of regents, in cooperation with the Iowa association of community college trustees, shall annually convene a committee on free expression to compile an annual report that includes descriptions of barriers to or disruptions of free expression within public postsecondary institutions and the administrative handling and discipline of such disruptions or barriers; and the substantial difficulties, controversies, or successes in maintaining a posture of administrative and institutional neutrality with regard to political or social issues. Any assessments, criticisms, commendations, or recommendations the committee deems appropriate may be included in the report. Members of the committee are appointed at the discretion of the president of the state board of regents and the board chair of the Iowa association of community college trustees. However, a public postsecondary institution shall not be represented by more than one person appointed to the committee. The first report must be submitted by September 1, 2020, and subsequent reports by September 1 annually thereafter, to the governor, the general assembly, the state board of regents, and the Iowa association of community college trustees. STATE MANDATE —— INAPPLICABILITY PROVISION.3.2, subsection 3, which would relieve a political subdivision from complying with a state mandate if funding for the cost of the state mandate is not provided or specified. Therefore, political subdivisions are required to comply with any state mandate included in the bill. EFFECTIVE DATE. The bill takes effect upon enactment.