H.F. 276 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- LSB 1120YH (7) 88 kh/jh 1/ 10

H.F. 276 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 —— statements and 9 disciplinary sanctions. 10 1. The state board of regents and the board of directors of 11 each community college shall adopt a policy that includes all 12 of the following statements: 13 a. That the primary function of an institution of higher 14 education is the discovery, improvement, transmission, and 15 dissemination of knowledge by means of research, teaching, 16 discussion, and debate. This statement shall provide that, to 17 fulfill this function, the institution must strive to ensure 18 the fullest degree of intellectual freedom and free expression 19 allowed under the first amendment to the Constitution of the 20 United States. 21 b. (1) That it is not the proper role of an institution of 22 higher education to shield individuals from speech protected by 23 the first amendment to the Constitution of the United States, 24 which may include ideas and opinions the individual finds 25 unwelcome, disagreeable, or even offensive. 26 (2) That it is the proper role of an institution of higher 27 education to encourage diversity of thoughts, ideas, and 28 opinions and to encourage, within the bounds of the first 29 amendment to the Constitution of the United States, the 30 peaceful, respectful, and safe exercise of first amendment 31 rights. 32 c. That students and faculty have the freedom to discuss 33 any problem that presents itself, assemble, and engage in 34 spontaneous expressive activity on campus, within the bounds 35 -2- LSB 1120YH (7) 88 kh/jh 2/ 10

H.F. 276 of established principles of the first amendment to the 1 Constitution of the United States, and subject to reasonable 2 time, place, and manner restrictions that are consistent with 3 established first amendment principles. 4 d. That the public areas of campus of an institution 5 of higher education are traditional public forums, open on 6 the same terms to any invited speaker subject to reasonable 7 time, place, and manner restrictions that are consistent 8 with established principles of the first amendment to the 9 Constitution of the United States. 10 2. The policy shall include a range of disciplinary 11 sanctions for anyone who is under the jurisdiction of the 12 public institution of higher education and who materially and 13 substantially interferes with the free expression of others. 14 3. The policy shall establish that members of the campus 15 community are free to take positions on current public 16 controversial issues. 17 4. The policy shall require that the institution of higher 18 education attempt to remain neutral on current public policy 19 controversies, except insofar as administrative decisions on 20 such controversies are essential to the day-to-day functioning 21 of the institution, and shall prohibit the institution from 22 taking action on current public policy controversies in such a 23 way as to require members of the campus community to publicly 24 express a given view of a public policy controversy. 25 Sec. 3. NEW SECTION . 261H.3 Protected activities. 26 1. Noncommercial expressive activities protected under the 27 provisions of this chapter include any lawful oral or written 28 means by which members of the campus community may communicate 29 ideas to one another, including all forms of peaceful assembly, 30 protests, speeches including by invited speakers, distribution 31 of literature, and circulating petitions. 32 2. A member of the campus community who wishes to engage in 33 noncommercial expressive activity in outdoor areas of campus 34 shall be permitted to do so freely, subject to reasonable 35 -3- LSB 1120YH (7) 88 kh/jh 3/ 10

H.F. 276 time, place, and manner restrictions that are consistent 1 with established principles of the first amendment to the 2 Constitution of the United States, and as long as the member’s 3 conduct is not unlawful and does not disrupt the functioning 4 of the public institution of higher education, subject to the 5 protections of subsection 1. The public institution of higher 6 education may designate other areas of campus available for 7 use by the campus community according to institutional policy, 8 but in all cases access to designated areas of campus must be 9 granted on a content-neutral and viewpoint-neutral basis within 10 the bounds of established first amendment principles. 11 3. A public institution of higher education shall not deny 12 benefits or privileges available to student organizations based 13 on the viewpoint of a student organization or the expression 14 of the viewpoint of a student organization by the student 15 organization or its members protected by the first amendment to 16 the Constitution of the United States. In addition, a public 17 institution of higher education shall not deny any benefit 18 or privilege to a student organization based on the student 19 organization’s requirement that the leaders of the student 20 organization affirm or agree to the student organization’s 21 beliefs or standards of conduct or further the student 22 organization’s mission. 23 4. This section shall not be interpreted as limiting the 24 right of student expression in a counter demonstration held on 25 campus as long as the conduct at the counter demonstration is 26 not unlawful and does not materially and substantially prohibit 27 the free expression rights of others on campus or disrupt the 28 functioning of the public institution of higher education, 29 subject to reasonable time, place, and manner restrictions 30 that are consistent with established principles of the first 31 amendment to the Constitution of the United States. 32 5. Nothing in this chapter shall be interpreted as 33 preventing public institutions of higher education from 34 prohibiting, limiting, or restricting expression that is not 35 -4- LSB 1120YH (7) 88 kh/jh 4/ 10

H.F. 276 protected by the first amendment to the Constitution of the 1 United States. 2 Sec. 4. NEW SECTION . 261H.4 Public forums on campus —— 3 freedom of association. 4 The outdoor areas of campuses of public institutions of 5 higher education in this state shall be deemed traditional 6 public forums. Public institutions of higher education 7 may maintain and enforce reasonable time, place, and manner 8 restrictions consistent with established principles of the 9 first amendment to the Constitution of the United States. Such 10 restrictions shall allow for members of the campus community 11 to engage in spontaneous expressive activity and to distribute 12 literature. 13 Sec. 5. NEW SECTION . 261H.5 Remedies —— statute of 14 limitations —— immunity. 15 1. A member of the campus community aggrieved by a violation 16 of this chapter may file a complaint with the governing body of 17 the public institution of higher education. 18 2. A member of the campus community who is the subject of 19 a complaint filed in accordance with subsection 1 is entitled 20 to a disciplinary hearing under procedures published by the 21 public institution of higher education on the institution’s 22 internet site and the member of the campus community is further 23 entitled, at minimum, to the following: 24 a. The right to receive advanced written notice of the 25 charges. 26 b. The right to review the evidence in support of the 27 charges. 28 c. The right to confront any witness to the alleged 29 violation. 30 d. The right to present a defense. 31 e. The right to call witnesses. 32 f. The right to a decision by an impartial arbiter or panel. 33 g. The right to appeal a decision of the public institution 34 of higher education to the institution’s governing body. 35 -5- LSB 1120YH (7) 88 kh/jh 5/ 10

H.F. 276 h. The right to active assistance of counsel if the 1 potentially applicable sanctions adopted pursuant to section 2 261H.2, subsection 2, include suspension for longer than thirty 3 days or expulsion. 4 3. If two or more disciplinary hearings conducted pursuant 5 to this section result in disciplinary actions against the same 6 student, the student shall be suspended for a minimum of one 7 year or expelled. 8 4. A member of the campus community aggrieved by a violation 9 of this chapter may assert such violation as a defense 10 or counterclaim in a disciplinary action or in a civil or 11 administrative proceeding brought against the member of the 12 campus community. 13 5. A member of the campus community shall bring a claim for 14 violation of this chapter pursuant to this section not later 15 than one year after the day the cause of action accrues. 16 6. If the court finds that a violation of this chapter 17 occurred, the court shall award the aggrieved person injunctive 18 relief for the violation; shall award reasonable court costs 19 and reasonable attorney fees; and shall also award damages of 20 one thousand dollars or actual damages, whichever is higher. 21 7. This section shall not be interpreted to limit any other 22 remedies available to a member of the campus community. 23 8. Nothing in this section shall be construed to make 24 any administrator, officer, employee, or agent of a public 25 institution of higher education personally liable for acts 26 taken pursuant to the individual’s official duties. 27 Sec. 6. NEW SECTION . 261H.6 Committee on free expression 28 —— annual report. 29 1. The state board of regents, in cooperation with the 30 Iowa association of community college trustees, shall annually 31 convene a committee on free expression to compile an annual 32 report that includes all of the following: 33 a. A description of any barriers to or disruptions of free 34 expression within public institutions of higher education. 35 -6- LSB 1120YH (7) 88 kh/jh 6/ 10

H.F. 276 b. A description of the administrative handling and 1 discipline relating to these disruptions or barriers. 2 c. A description of substantial difficulties, controversies, 3 or successes in maintaining a posture of administrative and 4 institutional neutrality with regard to political or social 5 issues. 6 d. Any assessments, criticisms, commendations, or 7 recommendations the committee deems appropriate to include. 8 2. Members of the committee shall be appointed at the 9 discretion of the president of the state board of regents and 10 the board chair of the Iowa association of community college 11 trustees. However, a public postsecondary institution shall 12 not be represented by more than one person appointed to the 13 committee. By September 1, 2020, and by September 1 each 14 year thereafter, the committee shall submit its report to the 15 governor, the general assembly, the state board of regents, and 16 the Iowa association of community college trustees. 17 Sec. 7. IMPLEMENTATION OF ACT. Section 25B.2, subsection 18 3, shall not apply to this Act. 19 Sec. 8. EFFECTIVE DATE. This Act, being deemed of immediate 20 importance, takes effect upon enactment. 21 EXPLANATION 22 The inclusion of this explanation does not constitute agreement with 23 the explanation’s substance by the members of the general assembly. 24 This bill relates to public forums, freedom of expression, 25 and freedom of association at community colleges and regents 26 universities. 27 DEFINITIONS. The bill defines “benefit”, “campus 28 community”, “outdoor areas of campus”, “public institution of 29 higher education”, “student”, and “student organization” for 30 purposes of the new Code chapter established by the bill. 31 POLICY STATEMENTS AND DISCIPLINARY SANCTIONS. The bill 32 requires the boards governing the public postsecondary 33 institutions to adopt a policy that includes statements 34 describing the functions and roles of institutions with regard 35 -7- LSB 1120YH (7) 88 kh/jh 7/ 10

H.F. 276 to knowledge; protected speech; the freedom to discuss within 1 the bounds of the established principles of the first amendment 2 to the United States Constitution; freedom to assemble 3 and engage in spontaneous expressive activities subject to 4 reasonable time, place, and manner restrictions; and public 5 areas of campuses as traditional public forums. 6 The policy must also include a range of disciplinary 7 sanctions; establish that members of the campus community are 8 free to take positions on current public controversial issues; 9 require that the institutions attempt to remain neutral; and 10 prohibit the institution from taking action on current public 11 policy controversies in such a way as to require members of the 12 campus community to publicly express a given view of a public 13 policy controversy. 14 PROTECTED ACTIVITIES. Protected activities include 15 noncommercial expressive activities including oral or written 16 means to communicate ideas, including all forms of peaceful 17 assembly, protests, speeches including by invited speakers, 18 distribution of literature, and circulating petitions. A 19 member of the campus community who wishes to engage in 20 noncommercial expressive activity on campus shall be permitted 21 to do so freely subject to reasonable time, place, and 22 manner restrictions. However, nothing in the bill shall be 23 interpreted as preventing the institutions from prohibiting, 24 limiting, or restricting unprotected expression. 25 A public postsecondary institution shall not deny a student 26 organization any benefit or privilege available to any other 27 student organization. However, nothing in the bill shall be 28 interpreted as limiting the right of student expression in a 29 counter demonstration held on campus so long as the conduct 30 at the counter demonstration is not unlawful and does not 31 materially and substantially prohibit the free expression 32 rights of others or disrupt the functioning of the institution. 33 PUBLIC FORUMS ON CAMPUS —— FREEDOM OF ASSOCIATION. The 34 bill requires that the outdoor areas of campuses of public 35 -8- LSB 1120YH (7) 88 kh/jh 8/ 10

H.F. 276 postsecondary institutions be deemed traditional public forums. 1 The institutions may maintain and enforce reasonable time, 2 place, and manner restrictions consistent with first amendment 3 established principles. 4 REMEDIES, STATUTE OF LIMITATIONS, AND IMMUNITY PROVISIONS. 5 An aggrieved member of the campus community may bring an action 6 against the institution responsible for a violation of the 7 Code chapter and seek appropriate relief, and may assert such 8 violation as a defense or counterclaim. Such person has one 9 year after the day the cause of action accrues to bring a claim 10 for violation of the Code chapter. 11 A member of the campus community who is the subject of a 12 complaint is entitled to a disciplinary hearing and to certain 13 rights established by the bill, including the right to counsel 14 if suspension for more than 30 days or expulsion are potential 15 sanctions. If two or more disciplinary hearings result in 16 disciplinary actions against the same student, the student 17 shall be suspended for a minimum of one year or expelled. 18 Procedures for the hearing must be published by the institution 19 on its internet site. 20 If the court finds that a violation occurred, the court shall 21 award the aggrieved person injunctive relief; reasonable court 22 costs and reasonable attorney fees; and damages of $1,000 or 23 actual damages, whichever is higher. 24 Nothing in the bill shall be interpreted to limit any other 25 available remedies to a member of the campus community. 26 COMMITTEE ON FREE EXPRESSION —— ANNUAL REPORT. The state 27 board of regents, in cooperation with the Iowa association of 28 community college trustees, shall annually convene a committee 29 on free expression to compile an annual report that includes 30 descriptions of barriers to or disruptions of free expression 31 within public postsecondary institutions and the administrative 32 handling and discipline of such disruptions or barriers; and 33 the substantial difficulties, controversies, or successes in 34 maintaining a posture of administrative and institutional 35 -9- LSB 1120YH (7) 88 kh/jh 9/ 10

H.F. 276 neutrality with regard to political or social issues. Any 1 assessments, criticisms, commendations, or recommendations the 2 committee deems appropriate may be included in the report. 3 Members of the committee are appointed at the discretion 4 of the president of the state board of regents and the board 5 chair of the Iowa association of community college trustees. 6 However, a public postsecondary institution shall not be 7 represented by more than one person appointed to the committee. 8 The first report must be submitted by September 1, 2020, and 9 subsequent reports by September 1 annually thereafter, to the 10 governor, the general assembly, the state board of regents, and 11 the Iowa association of community college trustees. 12 STATE MANDATE —— INAPPLICABILITY PROVISION. The bill may 13 include a state mandate as defined in Code section 25B.3. The 14 bill makes inapplicable Code section 25B.2, subsection 3, which 15 would relieve a political subdivision from complying with a 16 state mandate if funding for the cost of the state mandate is 17 not provided or specified. Therefore, political subdivisions 18 are required to comply with any state mandate included in the 19 bill. 20 EFFECTIVE DATE. The bill takes effect upon enactment. 21 -10- LSB 1120YH (7) 88 kh/jh 10/ 10