DAR File No. 43924
This rule was published in the August 15, 2019, issue (Vol. 2019, No. 16) of the Utah State Bulletin.
System of Technical Colleges (Utah), Mountainland Technical College
Rule R953-2
Free Expression on Campus
Notice of Proposed Rule
(New Rule)
DAR File No.: 43924
Filed: 07/29/2019 08:57:21 AM
RULE ANALYSIS
Purpose of the rule or reason for the change:
In accordance with Section 53B-27-302, Campus Civil Liberties Protection Act, this rule establishes general rights to expression on campus as established by law and recognizes narrow limits on speech, including time, place, and manner restrictions.
Summary of the rule or change:
This rule establishes general rights to expression on campus as established by law and recognizes narrow limits on speech, including time, place, and manner restrictions.
Statutory or constitutional authorization for this rule:
- Title 53B Chapter 27 Part 3
- Title 53B Chapter 27 Part 2
This rule or change incorporates by reference the following material:
- Adds Operating Policies: Free Expression, published by Mountainland Technical College, 07/23/2019
Anticipated cost or savings to:
the state budget:
This rule reflects current operating practice and will not impact the state's budget in any way.
local governments:
This rule reflects current operating practice and will not financially impact local governments.
small businesses:
This rule reflects current operating practice and will not financially impact small businesses.
persons other than small businesses, businesses, or local governmental entities:
This rule reflects current operating practice and will not financially impact other persons.
Compliance costs for affected persons:
This rule reflects current operating practice and will not financially impact affected persons.
Comments by the department head on the fiscal impact the rule may have on businesses:
This rule reflects current operating practice and will result in no fiscal impact to any government or business entity.
Clay Christensen, President
The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:
System of Technical Colleges (Utah)Mountainland Technical College
2301 W ASHTON BLVD
LEHI, UT 84043
Direct questions regarding this rule to:
- Joseph Demma at the above address, by phone at 801-753-4127, by FAX at , or by Internet E-mail at [email protected]
Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:
09/16/2019
This rule may become effective on:
09/23/2019
Authorized by:
Joseph Demma, Vice President
RULE TEXT
Appendix 1: Regulatory Impact Summary Table*
Fiscal Costs |
FY 2020 |
FY 2021 |
FY 2022 |
State Government |
$0 |
$0 |
$0 |
Local Government |
$0 |
$0 |
$0 |
Small Businesses |
$0 |
$0 |
$0 |
Non-Small Businesses |
$0 |
$0 |
$0 |
Other Person |
$0 |
$0 |
$0 |
Total Fiscal Costs: |
$0 |
$0 |
$0 |
|
|
|
|
Fiscal Benefits |
|
|
|
State Government |
$0 |
$0 |
$0 |
Local Government |
$0 |
$0 |
$0 |
Small Businesses |
$0 |
$0 |
$0 |
Non-Small Businesses |
$0 |
$0 |
$0 |
Other Persons |
$0 |
$0 |
$0 |
Total Fiscal Benefits: |
$0 |
$0 |
$0 |
|
|
|
|
Net Fiscal Benefits: |
$0 |
$0 |
$0 |
*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described in the narrative. Inestimable impacts for Non-Small Businesses are described in Appendix 2.
Appendix 2: Regulatory Impact to Non-Small Businesses
There is no anticipated impact or benefit to non-small businesses.
College President Clay Christensen has reviewed and approved this fiscal analysis.
R953. System of Technical Colleges (Utah), Mountainland Technical College.
R953-2. Free Expression on Campus.
R953-2-1. Purpose.
(1) In accordance with Title 53B, Chapter 27, Section 302, Campus Civil Liberties Protection Act, the rule establishes general rights to expression on campus as established by law and recognizes narrow limits on speech, including time, place, and manner restrictions.
R953-2-2. References.
(1) United States Constitution, Amendment 1, Freedom of Expression and Religion;
(2) Utah Constitution, Article 1, Section 15, Freedom of Speech and of the Press;
(3) Title 53B, Chapter 27, Part 2, Campus Free Expression Act;
(4) Title 53B, Chapter 27, Part 3, Campus Civil Liberties Protection Act; and
(5) Mountainland Technical College Policy (effective 07.23.2019) -- Free Expression 500.590.
R953-2-3. Definitions.
(1) Free Expression means all forms of verbal, written, or symbolic communication, including peaceful assembly, protests, speaking verbally, holding signs, circulating petitions, and distributing written materials.
(2) Free expression does not include speech or conduct that is not recognized as protected by the First Amendment to the U.S. Constitution and Article 1, Section 15 of the Utah Constitution, including speech or conduct that is a true threat, fraudulent, harassment, obscene, defamatory, or otherwise unlawful.
R953-2-4. General Rights of Free Expression on Campus.
(1) The college upholds and promotes free expression on campus. Except as limited by regulations consistent with the law and this rule, (a) all faculty, students, and staff have the right to express views and ideas, and are free to criticize, contest, and condemn views expressed on campus and (b) neither the faculty, staff, nor students may obstruct, disrupt, suppress or otherwise interfere with the freedom of others to express views.
(2) The college's outdoor areas are a public forum.
(3) The college may not prohibit:
(a) a member of the college's community or the public from spontaneously and contemporaneously assembling in an outdoor area of the college's campus; or
(b) a person from freely engaging in noncommercial expressive activity in an outdoor area of the college's campus if the person's conduct is lawful.
R953-2-5. Time, Place and Manner Restrictions.
(1) The college may reasonably regulate the time, place, and manner of free expression to ensure that it does not disrupt the ordinary activities of the college. This restriction includes established procedures for engaging in organized speech activities, such as protest marches or invited speakers.
(2) These exceptions to the principle of freedom of expression must be viewpoint neutral, generally content neutral, narrowly tailored, and leave ample opportunity for alternative means for expression. The college will not use these exceptions in a manner that is inconsistent with the college's commitment to free and open discussion of ideas.
R953-2-6. Incorporations of College Policies.
(1) The college has adopted the following policies that are incorporated by reference within this rule:
(a) Policy -- Free Expression 500.590, effective 7.23.19.
KEY: civil liberty, technical college, free expression, technical education
Date of Enactment or Last Substantive Amendment: 2019
Authorizing, and Implemented or Interpreted Law: 53B-27-302
Additional Information
More information about a Notice of Proposed Rule is available online.
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull_pdf/2019/b20190815.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact Joseph Demma at the above address, by phone at 801-753-4127, by FAX at , or by Internet E-mail at [email protected]. For questions about the rulemaking process, please contact the Office of Administrative Rules.