H.F. 533 Section 1. Section 261H.2, Code 2021, is amended to read as 1 follows: 2 261H.2 Policy adoption. 3 1. The state board of regents and the board of directors of 4 each community college shall adopt a policy that includes all 5 of the following statements: 6 1. a. That the primary function of an institution of higher 7 education is the discovery, improvement, transmission, and 8 dissemination of knowledge by means of research, teaching, 9 discussion, and debate. This statement shall provide that, to 10 fulfill this function, the institution must strive to ensure 11 the fullest degree of intellectual freedom and free expression 12 allowed under the first amendment to the Constitution of the 13 United States. 14 2. a. b. (1) That it is not the proper role of an 15 institution of higher education to shield individuals from 16 speech protected by the first amendment to the Constitution of 17 the United States, which may include ideas and opinions the 18 individual finds unwelcome, disagreeable, or even offensive. 19 b. (2) That it is the proper role of an institution of 20 higher education to encourage diversity of thoughts, ideas, 21 and opinions and to encourage, within the bounds of the 22 first amendment to the Constitution of the United States, the 23 peaceful, respectful, and safe exercise of first amendment 24 rights. 25 3. c. That students and faculty have the freedom to 26 discuss any problem that presents itself, assemble, and engage 27 in spontaneous expressive activity on campus, within the 28 bounds of established principles of the first amendment to the 29 Constitution of the United States, and subject to reasonable 30 time, place, and manner restrictions that are consistent with 31 established first amendment principles. 32 4. d. That the outdoor areas of campus of an institution 33 of higher education are public forums, open on the same terms 34 to any invited speaker subject to reasonable time, place, 35 -1- LSB 2422YH (4) 89 kh/jh 1/ 4

H.F. 533 and manner restrictions that are consistent with established 1 principles of the first amendment to the Constitution of the 2 United States. 3 2. The policy shall include a range of disciplinary 4 sanctions for anyone who is under the jurisdiction of the 5 public institution of higher education and who materially and 6 substantially interferes with the free expression of others. 7 3. The policy shall require the public institution of higher 8 education to attempt to remain neutral on current public policy 9 controversies, except insofar as administrative decisions on 10 such controversies are essential to the day-to-day functioning 11 of the institution, and shall prohibit the institution from 12 taking action on current public policy controversies in such a 13 way as to require members of the campus community to publicly 14 express a given view of a public policy controversy. 15 Sec. 2. Section 261H.5, Code 2021, is amended by adding the 16 following new subsections: 17 NEW SUBSECTION . 1A. A member of the campus community who is 18 the subject of a complaint filed in accordance with subsection 19 1 is entitled to a disciplinary hearing under procedures 20 published by the public institution of higher education on 21 the institution’s internet site and the member of the campus 22 community is further entitled, at minimum, to the following: 23 a. The right to receive advanced written notice of the 24 charges. 25 b. The right to review the evidence in support of the 26 charges. 27 c. The right to confront any witness to the alleged 28 violation. 29 d. The right to present a defense. 30 e. The right to call witnesses. 31 f. The right to a decision by an impartial arbiter or panel. 32 g. The right to appeal a decision of the public institution 33 of higher education to the institution’s governing body. 34 h. The right to active assistance of counsel if the 35 -2- LSB 2422YH (4) 89 kh/jh 2/ 4

H.F. 533 potentially applicable sanctions adopted pursuant to section 1 261H.2, subsection 2, include suspension for longer than thirty 2 days or expulsion. 3 NEW SUBSECTION . 1B. If two or more disciplinary hearings 4 conducted pursuant to this section result in disciplinary 5 actions against the same student, the student shall be 6 suspended for a minimum of one year or expelled. If two or more 7 disciplinary hearings conducted pursuant to this section result 8 in disciplinary actions against the same faculty member, that 9 faculty member’s employment shall be terminated. 10 NEW SUBSECTION . 3A. If the court finds that a violation 11 of this chapter occurred, the court shall award the aggrieved 12 person injunctive relief for the violation; shall award 13 reasonable court costs and reasonable attorney fees; and shall 14 also award damages of one thousand dollars or actual damages, 15 whichever is higher. 16 EXPLANATION 17 The inclusion of this explanation does not constitute agreement with 18 the explanation’s substance by the members of the general assembly. 19 This bill relates to policies adopted by public institutions 20 of higher education relating to free expression and to 21 protected expressive activities, and provides remedies. 22 The state board of regents and the board of directors of each 23 community college must adopt policies that include a range of 24 disciplinary sanctions for anyone who is under the jurisdiction 25 of regents universities or community colleges, as appropriate, 26 and who materially and substantially interfere with the free 27 expression of others; and with certain exceptions, that require 28 the universities and community colleges to attempt to remain 29 neutral on current public policy controversies, and prohibit 30 such institutions from taking action on current public policy 31 controversies in such a way as to require members of the campus 32 community to publicly express a given view of a public policy 33 controversy. 34 The bill provides that a member of the campus community who 35 -3- LSB 2422YH (4) 89 kh/jh 3/ 4

H.F. 533 is the subject of a complaint filed in accordance with Code 1 section 261H.5 is entitled to a disciplinary hearing and the 2 member of the campus community is further entitled, at minimum, 3 to the right to receive advanced written notice of the charges, 4 to review the evidence in support of the charges, to confront 5 any witness to the alleged violation, to present a defense, 6 to call witnesses, to a decision by an impartial arbiter or 7 panel, to appeal a decision of the public institution of higher 8 education to the institution’s governing body, and to active 9 assistance of counsel if the ranges of disciplinary sanctions 10 include suspension for longer than 30 days or expulsion. 11 If two or more disciplinary hearings result in disciplinary 12 actions against the same student, the student must be suspended 13 for a minimum of one year or expelled. If two or more 14 disciplinary hearings result in disciplinary actions against 15 the same faculty member, that faculty member’s employment shall 16 be terminated. 17 If the court finds that a violation of Code chapter 261H 18 occurred, the court shall award the aggrieved person injunctive 19 relief for the violation; shall award reasonable court costs 20 and reasonable attorney fees; and shall also award damages of 21 $1,000 or actual damages, whichever is higher. 22 -4- LSB 2422YH (4) 89 kh/jh 4/ 4