Bill Text: MI SB0350 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Civil rights; speech and assembly; community college and university campus free expression provisions; add to school aid boilerplate. Amends 1979 PA 94 (MCL 388.1601 - 388.1896) by adding secs. 210f, 210g & 275c.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-05-03 - Reassigned To Committee On Judiciary [SB0350 Detail]
Download: Michigan-2017-SB0350-Introduced.html
SENATE BILL No. 350
May 2, 2017, Introduced by Senators COLBECK, JONES, NOFS, PAVLOV, BRANDENBURG, GREEN, HANSEN, EMMONS, HUNE and SCHUITMAKER and referred to the Committee on Appropriations.
A bill to amend 1979 PA 94, entitled
"The state school aid act of 1979,"
(MCL 388.1601 to 388.1896) by adding sections 210f, 210g, and 275c.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 210f. It is the intent of the legislature that each
community college that receives an appropriation in section 201 do
all of the following:
(a) Develop and adopt a policy on free expression that
contains at least the following:
(i) A statement that the community college's primary function
is the discovery, improvement, transmission, and dissemination of
knowledge by means of research, teaching, discussion, and debate
and that, to fulfill this function, the community college will
strive to ensure the fullest degree of intellectual freedom and
free expression.
(ii) A statement that it is not the proper role of the
community college to shield individuals from speech protected by
the First Amendment, without exception, even if they find the ideas
and opinions expressed unwelcome, disagreeable, or even deeply
offensive.
(iii) A statement assuring that students and faculty are free
to discuss any problem that presents itself, as the First Amendment
permits and within the limits of reasonable viewpoint- and content-
neutral restrictions on time, place, and manner of expression. For
purposes of this subparagraph and subparagraph (iv), a viewpoint-
and content-neutral restriction of expression is reasonable only if
it is consistent with this section, is necessary to achieve a
significant institutional interest, is clearly written and
published, and provides ample alternative means of expression.
(iv) A statement assuring that students and faculty are
permitted to assemble and engage in spontaneous expressive activity
as long as the activity is not unlawful and does not materially and
substantially disrupt the functioning of the community college, as
the First Amendment permits and within the limits of reasonable
viewpoint- and content-neutral restrictions on time, place, and
manner of expression.
(v) A statement assuring any person lawfully present on campus
the right to protest or demonstrate there but making clear that
protests and demonstrations that infringe upon the rights of others
to engage in or listen to expressive activity are not permitted and
are subject to sanction. A statement that complies with this
subparagraph does not prohibit professors or other instructors from
maintaining order in the classroom.
(vi) A statement assuring that the community college's
campuses are open to any speaker whom students, student groups, or
members of the faculty have invited.
(vii) A statement assuring that the public areas of campuses
of the community college are traditional public forums, open on the
same terms to any speaker.
(viii) Provisions setting forth a range of disciplinary
sanctions for anyone under the jurisdiction of the community
college who interferes with the free expression of others.
(ix) Provisions assuring that, in a disciplinary case against
a student arising out of the student's expressive conduct, the
student is entitled to a disciplinary hearing under published
procedures, including at least all of the following procedures:
(A) The right to receive advanced written notice of all
charges.
(B) The right to review the evidence in support of all
charges.
(C) The right to confront witnesses against the student.
(D) The right to present a defense.
(E) The right to call witnesses.
(F) The right to have the case decided by an impartial arbiter
or panel.
(G) The right of appeal.
(H) The right to active assistance of counsel if suspension
for longer than 30 days or expulsion is a potential penalty.
(x) A statement warning that any student who has twice been
found responsible for infringing upon the expressive rights of
others will be suspended for a minimum of 1 year or expelled.
(xi) A statement assuring that the community college will
strive to remain neutral, as an institution, on the public policy
controversies of the day and will not take any action, as an
institution, on the public policy controversies of the day that
would require students or faculty to publicly express a given view
of social policy.
(xii) A statement assuring that the policy on free expression
adopted under this subdivision supersedes all prior provisions of
community college policy or regulation to the extent that those
prior provisions are inconsistent with the policy on free
expression adopted under this subdivision and that the community
college will remove or revise any inconsistent prior provision of
policy or regulation to ensure compatibility of its policies and
regulations with the policy on free expression adopted under this
subdivision.
(b) Participate in the formation and direction of the higher
education committee on free expression described in section 210g.
(c) Include in freshman orientation programs information for
students describing the policies and regulations regarding free
expression consistent with this section.
(d) Regulate student speech and expressive activity, if at
all, in a manner consistent with this section, and limit
restrictions to student speech or expressive activity to reasonable
time, place, and manner restrictions consistent with subdivision
(a)(iii) and (iv) and to speech or activity that is not protected
by the First Amendment, including:
(i) Speech or activity that is prohibited by state or federal
law.
(ii) Speech or activity that a court has deemed unprotected
defamation.
(iii) Speech or activity that constitutes peer-on-peer
harassment or quid pro quo sexual harassment.
(iv) Speech or activity that constitutes a true threat.
(v) Speech or activity that constitutes an unjustifiable
invasion of privacy or confidentiality not involving a matter of
public concern.
(vi) Speech or activity that unlawfully disrupts the function
of the community college.
(e) As used in this section:
(i) "First Amendment" means the First Amendment to the
Constitution of the United States.
(ii) "Peer-on-peer harassment" means conduct of a student
targeting another student that is so severe, pervasive, and
objectively offensive that it effectively deprives the targeted
student of access to the educational opportunities or benefits
provided by the community college.
(iii) "Quid pro quo sexual harassment" means words, conduct,
or other means of explicitly or implicitly conditioning a student's
participation in an education program or activity or basing an
educational decision on the student's submission to unwelcome
sexual advances, requests for sexual favors, or other verbal,
nonverbal, or physical conduct of a sexual nature.
(iv) "True threat" means a statement by which the speaker
intentionally communicates a serious expression of an intent to
commit an act of unlawful violence on a particular individual or
group of individuals.
Sec. 210g. For the purpose of coordinating efforts to promote
expressive freedom under sections 210f and 275c, each community
college that receives an appropriation in section 201 and each
public university that receives an appropriation in section 236
shall participate in the formation and direction of a higher
education committee on free expression in the department of
education that consists of 12 members, 5 appointed by the boards of
trustees of the community colleges receiving appropriations in
section 201, 4 appointed by the governing boards of the public
universities receiving appropriations in section 236, 1 appointed
by the governor, 1 appointed by the speaker of the house of
representatives, and 1 appointed by the senate majority leader. The
12 members appointed to the higher education committee on free
expression shall serve on that committee for 2 years and shall then
be replaced by 12 new members appointed in the same manner to serve
for the next 2 years, with representatives from the community
colleges and public universities appointed on a rotating basis. The
higher education committee on free expression shall provide a
written report fully explaining all of the following to the public,
the board of trustees of each community college district, the
governing board of each public university, the governor, and the
state legislature by not later than September 1 of every year:
(a) Any barriers to or disruptions of free expression within
this state's public universities and community colleges.
(b) The administrative handling and discipline relating to the
disruptions and barriers described in subdivision (a).
(c) Substantial difficulties, controversies, or successes in
maintaining a posture of administrative and institutional
neutrality with regard to political or social issues.
(d) Assessments, criticisms, commendations, or recommendations
the committee sees fit to report.
Sec. 275c. It is the intent of the legislature that each
public university that receives an appropriation in section 236 do
all of the following:
(a) Develop and adopt a policy on free expression that
contains at least the following:
(i) A statement that the university's primary function is the
discovery, improvement, transmission, and dissemination of
knowledge by means of research, teaching, discussion, and debate
and that, to fulfill this function, the university will strive to
ensure the fullest degree of intellectual freedom and free
expression.
(ii) A statement that it is not the proper role of the
university to shield individuals from speech protected by the First
Amendment, without exception, even if they find the ideas and
opinions expressed unwelcome, disagreeable, or even deeply
offensive.
(iii) A statement assuring that students and faculty are free
to discuss any problem that presents itself, as the First Amendment
permits and within the limits of reasonable viewpoint- and content-
neutral restrictions on time, place, and manner of expression. For
purposes of this subparagraph and subparagraph (iv), a viewpoint-
and content-neutral restriction of expression is reasonable only if
it is consistent with this section, is necessary to achieve a
significant institutional interest, is clearly written and
published, and provides ample alternative means of expression.
(iv) A statement assuring that students and faculty are
permitted to assemble and engage in spontaneous expressive activity
as long as the activity is not unlawful and does not materially and
substantially disrupt the functioning of the university, as the
First Amendment permits and within the limits of reasonable
viewpoint- and content-neutral restrictions on time, place, and
manner of expression.
(v) A statement assuring any person lawfully present on campus
the right to protest or demonstrate there but making clear that
protests and demonstrations that infringe upon the rights of others
to engage in or listen to expressive activity are not permitted and
are subject to sanction. A statement that complies with this
subparagraph does not prohibit professors or other instructors from
maintaining order in the classroom.
(vi) A statement assuring that the university's campuses are
open to any speaker whom students, student groups, or members of
the faculty have invited.
(vii) A statement assuring that the public areas of campuses
of the university are traditional public forums, open on the same
terms to any speaker.
(viii) Provisions setting forth a range of disciplinary
sanctions for anyone under the jurisdiction of the university who
interferes with the free expression of others.
(ix) Provisions assuring that, in a disciplinary case against
a student arising out of the student's expressive conduct, the
student is entitled to a disciplinary hearing under published
procedures, including at least all of the following procedures:
(A) The right to receive advanced written notice of all
charges.
(B) The right to review the evidence in support of all
charges.
(C) The right to confront witnesses against the student.
(D) The right to present a defense.
(E) The right to call witnesses.
(F) The right to have the case decided by an impartial arbiter
or panel.
(G) The right of appeal.
(H) The right to active assistance of counsel if suspension
for longer than 30 days or expulsion is a potential penalty.
(x) A statement warning that any student who has twice been
found responsible for infringing upon the expressive rights of
others will be suspended for a minimum of 1 year or expelled.
(xi) A statement assuring that the university will strive to
remain neutral, as an institution, on the public policy
controversies of the day and will not take any action, as an
institution, on the public policy controversies of the day that
would require students or faculty to publicly express a given view
of social policy.
(xii) A statement assuring that the policy on free expression
adopted under this subdivision supersedes all prior provisions of
university policy or regulation to the extent that those prior
provisions are inconsistent with the policy on free expression
adopted under this subdivision and that the university will remove
or revise any inconsistent prior provision of policy or regulation
to ensure compatibility of its policies and regulations with the
policy on free expression adopted under this subdivision.
(b) Participate in the formation and direction of the higher
education committee on free expression described in section 210g.
(c) Include in freshman orientation programs information for
students describing the policies and regulations regarding free
expression consistent with this section.
(d) Regulate student speech and expressive activity, if at
all, in a manner consistent with this section, and limit
restrictions to student speech or expressive activity to reasonable
time, place, and manner restrictions consistent with subdivision
(a)(iii) and (iv) and to speech or activity that is not protected
by the First Amendment, including:
(i) Speech or activity that is prohibited by state or federal
law.
(ii) Speech or activity that a court has deemed unprotected
defamation.
(iii) Speech or activity that constitutes peer-on-peer
harassment or quid pro quo sexual harassment.
(iv) Speech or activity that constitutes a true threat.
(v) Speech or activity that constitutes an unjustifiable
invasion of privacy or confidentiality not involving a matter of
public concern.
(vi) Speech or activity that unlawfully disrupts the function
of the university.
(e) As used in this section:
(i) "First Amendment" means the First Amendment to the
Constitution of the United States.
(ii) "Peer-on-peer harassment" means conduct of a student
targeting another student that is so severe, pervasive, and
objectively offensive that it effectively deprives the targeted
student of access to the educational opportunities or benefits
provided by the university.
(iii) "Quid pro quo sexual harassment" means words, conduct,
or other means of explicitly or implicitly conditioning a student's
participation in an education program or activity or basing an
educational decision on the student's submission to unwelcome
sexual advances, requests for sexual favors, or other verbal,
nonverbal, or physical conduct of a sexual nature.
(iv) "True threat" means a statement by which the speaker
intentionally communicates a serious expression of an intent to
commit an act of unlawful violence on a particular individual or
group of individuals.
