DAR File No. 43930

Regents (Board of), Administration

Rule R765-800

Free Expression on Campus

Notice of Proposed Rule

(New Rule)

DAR File No.: 43930
Filed: 07/30/2019 01:04:38 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule addresses the Utah System of Higher Education's obligation under the Student Civil Liberties Protection Act, Section 53B-27-302, which requires public institutions of higher education to file an administrative rule for campus policies that impact a student's civil liberties.

Summary of the rule or change:

In accordance with Section 53B-27-3, 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. The rule incorporates by reference the institution's specific policies that impact student expression on campus.

Statutory or constitutional authorization for this rule:

• Section 53B-27-302

This rule or change incorporates by reference the following material:

• Adds PPM 7-10, Posting and Distribution of Written Materials, published by Weber State University, 10/03/2017
• Adds ppm 6-22, Student Code, published by Weber State University, 09/13/2018
• Adds Snow College Free Speech Policy, published by Snow College, 12/08/2017
• Adds Student Code of Conduct, published by Utah State University, 04/10/2009
• Adds 162 Sexual Misconduct, published by Utah Valley University, 06/18/2019
• Adds 161 Freedom of Speech, published by Utah Valley University, 06/22/2017
• Adds Policy 1-007 University Speech Policy, published by University of Utah, 06/12/2008
• Adds PPM 5-37, Campus Facilities Use, published by Weber State University, 12/04/2012
• Adds Student Rights and Responsibilities, published by Snow College, 05/31/2019
• Adds 165 Discrimination, Harassment, and Affirmative Action, published by Utah Valley University, 06/18/2019
• Adds Policy 552, STudent Rights and Responsibilities, published by Dixie State University, 04/28/2017
• Adds Policy 5.1, Free Speech and Advocacy on Campus, published by Southern Utah University, 05/03/2018
• Adds Policy 110, Free Speech, published by Dixie State University, 03/05/2018

Anticipated cost or savings to:

the state budget:

There is no associated fiscal impact with this rule.

local governments:

There is no associated fiscal impact with this rule.

small businesses:

There is no associated fiscal impact with this rule.

persons other than small businesses, businesses, or local governmental entities:

Although this rule impacts individual students ability to express ideas on campuses, including demonstrations, the rule will not impact those students financially.

Compliance costs for affected persons:

In general, this rule and the referenced policies allow for students to freely engage in free expression, with no associated costs. Any restrictions address only the time, place or manner of expression, and will not require any costs to comply with those restrictions.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule will not have any direct or indirect fiscal impact on businesses.

Dave Woolstenhulme, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Regents (Board of)
Administration
BOARD OF REGENTS BUILDING, THE GATEWAY
60 SOUTH 400 WEST
SALT LAKE CITY, UT 84101-1284

Direct questions regarding this rule to:

• Geoff Landward at the above address, by phone at 801-321-7136, by FAX at , or by Internet E-mail at glandward@ushe.edu

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:

Dave Woolstenhulme, Commissioner of Higher Education

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

This proposed rule is not expected to have any fiscal impact on non-small businesses' revenues or expenditures. The Student Civil Liberties Protection Act requires institutions of higher education to engage in rulemaking when their policies directly impact a student's civil liberties. The result is limited to certain student policies also being filed as administrative rules. Non-small businesses are neither impacted nor directly benefit from the student policies being enacted also as administrative rules.

 

The Commissioner of Higher Education, Dave Woolstenhulme, has reviewed and approved this fiscal analysis.

 

 

R765. Regents (Board of), Administration.

R765-800. Free Expression on Campus.

R765-800-1. Purpose.

(1) In accordance with Title 53B, Chapter 27, Part 3, 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.

 

R780-800-2. 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.

 

R780-800-3. 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.

(a) 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.

 

R780-800-4. General Rights of Free Expression on Campus.

(1) Institutions uphold and promote 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 and ideas.

(3) Institutions' outdoor areas are a public forums.

(4) Subject to R765-800-5, institutions may not prohibit:

(a) a member of the institution's community or the public from spontaneously and contemporaneously assembling in an outdoor area of the institution's campus; or

(b) a person from freely engaging in noncommercial expressive activity in an outdoor area of the institution's campus if the person's conduct is lawful.

 

R765-800-5. Time, Place and Manner Restrictions.

(1) Institutions may reasonably regulate the time, place, and manner of free expression to ensure that it does not disrupt the institution's ordinary activities. 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. Institutions will not use these exceptions in a manner that is inconsistent with the institutions'' commitment to free and open discussion of ideas.

 

R780-800-6. Incorporations of Institution Policies.

Institutions have adopted the following policies that are incorporated by reference within this rule:

(1) Utah State University.

(a) Student Code Article III (April 10, 2009).

(2) Weber State University.

(a) PPM 6-22, Student Code (September 13, 2018).

(b) PPM 5-37, Campus Facilities Use (December 4, 2012).

(c) PPM 7-10, Posting and Distribution of Written Materials (October 3, 2017).

(3) University of Utah.

(a) Policy 1-007, University Speech Policy (June 12, 2008).

(4) Utah Valley University.

(a) 161 Freedom of Speech (June 22, 2017).

(b) 162 Sexual Misconduct (June 18, 2019).

(c) 165 Discrimination, Harassment, and Affirmative Action (June 18, 2019).

(5) Snow College.

(a) Student Rights and Responsibilities (May 31, 2019).

(b) Snow College Free Speech Policy (December 8, 2017).

(6) Southern Utah University.

(a) Policy 5.1, Free Speech and Advocacy on Campus (May 3, 2018).

(7) Dixie State University.

(a) Policy 110, Free Speech (March 5, 2018).

(b) Policy 552, Student Rights and Responsibilities (April 28, 2017).

 

KEY: civil liberties, free speech

Date of Enactment or Last Substantive Amendment: 2019

Authorizing, and Implemented or Interpreted Law: 53B-27-302