Text: HF00315 Text: HF00317 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 659A.1 FREEDOM OF SPEECH. 1 2 It is an unfair and discriminatory practice for a public or 1 3 private postsecondary college, university, community college, 1 4 or trade school to make or enforce a rule subjecting students 1 5 to disciplinary sanctions solely on the basis of conduct that 1 6 is speech or other communication that, when engaged in outside 1 7 the campus of a public or private postsecondary institution, 1 8 is protected from government intrusion by the first amendment 1 9 of the Constitution of the United States or by Article I, 1 10 section 7, of the Constitution of the State of Iowa. 1 11 Sec. 2. NEW SECTION. 659A.2 STUDENT REMEDIES. 1 12 A student enrolled at a postsecondary educational 1 13 institution covered in this section that has made or enforced 1 14 any rule in violation of this section may bring a civil action 1 15 to obtain injunctive or declaratory relief. Venue for this 1 16 action shall be with the district court in the county in which 1 17 the postsecondary institution is located. In the event the 1 18 postsecondary institution has branches, venue shall be in the 1 19 county in which the student attends the postsecondary 1 20 educational institution. 1 21 A civil action brought pursuant to this section must be 1 22 filed with the district court within one hundred eighty days 1 23 after the alleged discriminatory or unfair practice occurred. 1 24 If requested in the petition for relief, a court hearing the 1 25 petition shall award attorney's fees to a plaintiff prevailing 1 26 in a civil action brought pursuant to this section. Upon 1 27 motion of the plaintiff, the district court shall order the 1 28 temporary restraint or injunction of any disciplinary sanction 1 29 imposed or contemplated by the postsecondary educational 1 30 institution which is based on an unfair or discriminatory 1 31 practice under this section during the pendency of an action 1 32 brought under this section. This temporary injunction shall 1 33 issue without bond or surety upon the request of the 1 34 plaintiff, any other provision of the Code or the rules of 1 35 civil procedure notwithstanding. 2 1 Sec. 3. NEW SECTION. 659A.3 AFFIRMATIVE DEFENSES. 2 2 The following shall be affirmative defenses to any action 2 3 brought under section 659A.2, if actually pleaded and proved 2 4 by the postsecondary educational institution: 2 5 1. That the private postsecondary educational institution 2 6 is controlled by a bona fide religious organization, to the 2 7 extent that the application of this chapter would not be 2 8 consistent with the religious tenets of the organization. 2 9 2. That the rule prohibits only behavior which would con- 2 10 stitute a public offense under the laws of the state of Iowa. 2 11 Sec. 4. NEW SECTION. 659A.4 PROHIBITIONS. 2 12 1. This chapter shall not be construed to authorize any 2 13 prior restraint of student speech. 2 14 2. This chapter does not prohibit the imposition of 2 15 discipline for harassment, threats, or intimidation, unless 2 16 constitutionally protected. 2 17 3. This chapter does not prohibit a postsecondary edu- 2 18 cational institution from adopting rules to prevent hate 2 19 crimes, as defined in section 729A.2, from being directed at 2 20 students in a manner that denies students full participation 2 21 in the educational process, as long as the rules conform to 2 22 standards established under the first amendment to the 2 23 Constitution of the United States and under Article I, section 2 24 7, of the Constitution of the State of Iowa for citizens 2 25 generally. 2 26 EXPLANATION 2 27 This bill prohibits postsecondary educational institutions 2 28 from disciplining students who are exercising their first 2 29 amendment rights of free speech, unless the exercise of these 2 30 rights constitutes a public offense in the state of Iowa or a 2 31 hate crime as defined in section 729A.2. 2 32 The bill also establishes a court procedure for obtaining 2 33 an injunction and for filing a complaint. The bill provides 2 34 for attorney's fees to be awarded to a prevailing plaintiff. 2 35 LSB 1447HH 76 3 1 cl/jw/5
Text: HF00315 Text: HF00317 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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