Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since October 1, 2019, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R955. System of Technical Colleges (Utah), Ogden-Weber Technical College.

Rule R955-2. Free Expression on Campus.

As in effect on October 1, 2019

Table of Contents

R955-2-1. 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.

R955-2-2. 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 -- Free Expression on Campus 500.2 -- approved on July 25, 2019.

R955-2-3. 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.

R955-2-4. 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.

R955-2-5. 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. It is vitally important that 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.

R955-2-6. Incorporations of College Policies.

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

(a) Policy -- Free Expression on Campus 500.2 -- approved on July 25, 2019.

KEY

civil liberty, technical college, technical education, free expression

Date of Enactment or Last Substantive Amendment

September 27, 2019

Authorizing, Implemented, or Interpreted Law

53B-27-302


Additional Information

Contact

For questions regarding the content or application of rules under Title R955, please contact the promulgating agency (System of Technical Colleges (Utah), Ogden-Weber Technical College). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.