S.F. 2344 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 organization at 4 a public institution of higher education means any of the 5 following: 6 a. Recognition. 7 b. Registration. 8 c. Use of facilities for meetings or speaking purposes. 9 d. Use of channels of communication. 10 e. Access to funding sources that are otherwise available 11 to other student groups. 12 2. “Campus community” means students, administrators, 13 faculty, and staff at a public institution of higher education 14 and guests invited to a public institution of higher education 15 by the institution’s students, administrators, faculty, or 16 staff. 17 3. “Outdoor areas of campus” means the generally accessible 18 outside areas of campus where students, administrators, 19 faculty, and staff at a public institution of higher education 20 are commonly allowed, such as grassy areas, walkways, or other 21 similar common areas and does not include areas outside health 22 care facilities, veterinary medicine facilities, a facility 23 or outdoor area used by the institution’s athletics program 24 or teams, or other outdoor areas where access is restricted 25 to a majority of the campus community. In recognition of the 26 healing environment that is essential to its clinical purposes, 27 the areas outside health care facilities are not a traditional 28 or designated public forum. 29 4. “Public institution of higher education” means a community 30 college established under chapter 260C or an institution of 31 higher learning governed by the state board of regents. 32 5. “Student” means an individual who is enrolled on a 33 full-time or part-time basis at a public institution of higher 34 education. 35 -1- SF 2344 (3) 87 kh/rj/ko 1/ 5

S.F. 2344 6. “Student organization” means a group officially 1 recognized at or officially registered by a public institution 2 of higher education, or a group seeking such official 3 recognition or official registration, comprised of students who 4 are admitted and in attendance at the public institution of 5 higher education, and who receive, or are seeking to receive, 6 student organization benefits or privileges through the public 7 institution of higher education. 8 Sec. 2. NEW SECTION . 261H.2 Policy adoption. 9 The state board of regents and the board of directors of each 10 community college shall adopt a policy that includes all of the 11 following statements: 12 1. That the primary function of an institution of higher 13 education is the discovery, improvement, transmission, and 14 dissemination of knowledge by means of research, teaching, 15 discussion, and debate. This statement shall provide that, to 16 fulfill this function, the institution must strive to ensure 17 the fullest degree of intellectual freedom and free expression 18 allowed under the first amendment to the Constitution of the 19 United States. 20 2. a. That it is not the proper role of an institution of 21 higher education to shield individuals from speech protected by 22 the first amendment to the Constitution of the United States, 23 which may include ideas and opinions the individual finds 24 unwelcome, disagreeable, or even offensive. 25 b. That it is the proper role of an institution of higher 26 education to encourage diversity of thoughts, ideas, and 27 opinions and to encourage, within the bounds of the first 28 amendment to the Constitution of the United States, the 29 peaceful, respectful, and safe exercise of first amendment 30 rights. 31 3. That students and faculty have the freedom to discuss 32 any problem that presents itself, assemble, and engage in 33 spontaneous expressive activity on campus, within the bounds 34 of established principles of the first amendment to the 35 -2- SF 2344 (3) 87 kh/rj/ko 2/ 5

S.F. 2344 Constitution of the United States, and subject to reasonable 1 time, place, and manner restrictions that are consistent with 2 established first amendment principles. 3 4. That the public areas of campus of an institution 4 of higher education are traditional public forums, open on 5 the same terms to any invited speaker subject to reasonable 6 time, place, and manner restrictions that are consistent 7 with established principles of the first amendment to the 8 Constitution of the United States. 9 Sec. 3. NEW SECTION . 261H.3 Protected activities. 10 1. Noncommercial expressive activities protected under the 11 provisions of this chapter include any lawful oral or written 12 means by which members of the campus community may communicate 13 ideas to one another, including all forms of peaceful assembly, 14 protests, speeches including by invited speakers, distribution 15 of literature, and circulating petitions. 16 2. A member of the campus community who wishes to engage in 17 noncommercial expressive activity in outdoor areas of campus 18 shall be permitted to do so freely, subject to reasonable 19 time, place, and manner restrictions that are consistent 20 with established principles of the first amendment to the 21 Constitution of the United States, and as long as the member’s 22 conduct is not unlawful and does not disrupt the functioning 23 of the public institution of higher education, subject to the 24 protections of subsection 1. The public institution of higher 25 education may designate other areas of campus available for 26 use by the campus community according to institutional policy, 27 but in all cases access to designated areas of campus must be 28 granted on a content-neutral and viewpoint-neutral basis within 29 the bounds of established first amendment principles. 30 3. A public institution of higher education shall not deny 31 benefits or privileges available to student organizations based 32 on the viewpoint of a student organization or the expression 33 of the viewpoint of a student organization by the student 34 organization or its members protected by the first amendment to 35 -3- SF 2344 (3) 87 kh/rj/ko 3/ 5

S.F. 2344 the Constitution of the United States. In addition, a public 1 institution of higher education shall not deny any benefit 2 or privilege to a student organization based on the student 3 organization’s requirement that the leaders of the student 4 organization affirm or agree to the student organization’s 5 beliefs or standards of conduct or further the student 6 organization’s mission. 7 4. This section shall not be interpreted as limiting the 8 right of student expression in a counter demonstration held on 9 campus as long as the conduct at the counter demonstration is 10 not unlawful and does not materially and substantially prohibit 11 the free expression rights of others on campus or disrupt the 12 functioning of the public institution of higher education, 13 subject to reasonable time, place, and manner restrictions 14 that are consistent with established principles of the first 15 amendment to the Constitution of the United States. 16 5. Nothing in this chapter shall be interpreted as 17 preventing public institutions of higher education from 18 prohibiting, limiting, or restricting expression that is not 19 protected by the first amendment to the Constitution of the 20 United States. 21 Sec. 4. NEW SECTION . 261H.4 Public forums on campus —— 22 freedom of association. 23 The outdoor areas of campuses of public institutions of 24 higher education in this state shall be deemed traditional 25 public forums. Public institutions of higher education 26 may maintain and enforce reasonable time, place, and manner 27 restrictions consistent with established principles of the 28 first amendment to the Constitution of the United States. Such 29 restrictions shall allow for members of the campus community 30 to engage in spontaneous expressive activity and to distribute 31 literature. 32 Sec. 5. NEW SECTION . 261H.5 Remedies —— statute of 33 limitations —— immunity. 34 1. A member of the campus community aggrieved by a violation 35 -4- SF 2344 (3) 87 kh/rj/ko 4/ 5

S.F. 2344 of this chapter may file a complaint with the governing body of 1 the public institution of higher education. 2 2. A member of the campus community aggrieved by a violation 3 of this chapter may assert such violation as a defense 4 or counterclaim in a disciplinary action or in a civil or 5 administrative proceeding brought against the member of the 6 campus community. 7 3. A member of the campus community shall bring a claim for 8 violation of this chapter pursuant to this section not later 9 than one year after the day the cause of action accrues. 10 4. This section shall not be interpreted to limit any other 11 remedies available to a member of the campus community. 12 5. Nothing in this section shall be construed to make 13 any administrator, officer, employee, or agent of a public 14 institution of higher education personally liable for acts 15 taken pursuant to the individual’s official duties. 16 Sec. 6. IMPLEMENTATION OF ACT. Section 25B.2, subsection 17 3, shall not apply to this Act. 18 Sec. 7. EFFECTIVE DATE. This Act, being deemed of immediate 19 importance, takes effect upon enactment. 20 -5- SF 2344 (3) 87 kh/rj/ko 5/ 5