DAR File No. 43932

System of Technical Colleges (Utah), Southwest Technical College

Rule R957-2

Free Expression on Campus

Notice of Proposed Rule

(New Rule)

DAR File No.: 43932
Filed: 07/30/2019 03:14:42 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

In accordance with Section 53B-27-302, 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.

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 Harassment, Nondiscrimination and Equal Opportunity, published by Southwest Technical College, 07/29/2019
• Adds Grievance Policy, published by Southwest Technical College, 07/29/2019
• Adds Student Conduct Policy, published by Southwest Technical College, 07/29/2019

Anticipated cost or savings to:

the state budget:

This rule has no anticipated cost or savings to the state budget.

local governments:

This rule has no anticipated cost or savings to local governments.

small businesses:

This rule has no anticipated cost or savings to small businesses.

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

This rule has no anticipated cost or savings to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

This rule has no anticipated costs for Southwest Technical College students. This is already in effect on campus.

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

There is no anticipated impact of benefit to businesses.

Brennan M. Wood, 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)
Southwest Technical College
757 W 800 S
CEDAR CITY, UT 84720

Direct questions regarding this rule to:

• James Mullenaux at the above address, by phone at 435-586-2899, by FAX at , or by Internet E-mail at jmullenaux@stech.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:

James Mullenaux, Vice President of Student Services

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.

 

President Brennan M. Wood has reviewed and approved this fiscal analysis.

 

 

R957. System of Technical Colleges (Utah), Southwest Technical College.

R957-2. Free Expression on Campus.

R957-2-1. 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.

 

R957-2-2. 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.

(5) Policy -- Grievance Policy, July 29, 2019.

(6) Policy -- Student Conduct Policy, July 29, 2019.

(7) Policy -- Harassment, Nondiscrimination and Equal Opportunity, July 29, 2019.

 

R957-2-3. 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.

(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.

 

R957-2-4. 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.

 

R957-2-5. 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.

 

R957-2-6. Incorporations of College Policies.

The college has adopted the following policies that are incorporated by reference within this rule:

(1) Policy -- Grievance Policy, July 29, 2019.

(2) Policy -- Student Conduct Policy, July 29, 2019.

(3) Policy -- Harassment, Nondiscrimination and Equal Opportunity, July 29, 2019.

 

KEY: civil liberty, technical college, technical education, free expression

Date of Enactment or Last Substantive Amendment: 2019

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