HB 2880
Initials CH Page 1 Caucus & COW
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature
First Regular Session
House: ED DP 9-0-3-0
HB 2880: unauthorized encampments; higher education institutions
Sponsor: Representative Hernandez A., LD 20
Caucus & COW
Overview
Prohibits an individual from establishing or occupying an encampment on a university or
community college campus without prior authorization. Outlines procedures a university or
community college must follow if an individual or group establishes or occupies an
encampment without prior authorization.
History
Subject to reasonable time, place and manner restrictions, a university or community college
may not limit any area on campus where a lawfully present person may exercise free speech.
If a university or community college imposes restrictions on the time, place and manner of
student speech that occurs in a public forum and that is protected by the First Amendment,
the restrictions must meet statutory criteria. A person who is lawfully present on a university
or community college campus may engage in expressive activity, including a protest or
demonstration, in any area where they are lawfully present. Individual conduct that
materially and substantially infringes on the rights of others to engage in or listen to
expressive activity is not allowed and subject to sanction (A.R.S. §§ 15-1864 and 15-1865).
The Arizona Board of Regents (ABOR) Student Code of Conduct sets forth the standards of
conduct expected of students in Arizona's public universities. The university presidents are
authorized to enforce the Student Code of Conduct and a university may respond to violations
with educational interventions or disciplinary sanctions (ABOR R5-308).
Provisions
1. Prohibits an individual from establishing or occupying an encampment on a university or
community college campus without prior authorization from the university or community
college. (Sec. 2)
2. Requires a university or community college employee or agent, if an individual or group
violates the prohibition on establishing or occupying an encampment without prior
authorization, to:
a) direct the individual or group to immediately dismantle the encampment and vacate
the campus;
b) advise the individual or group that anyone who fails to comply with the direction to
leave is guilty of criminal trespass;
c) initiate legal action to have the individual or group removed from campus if the
individual or group refuses to comply with the direction to leave; and
d) discipline any student who refuses to comply with the direction to leave according to
the university's or community college's student code of conduct. (Sec. 2)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note HB 2880
Initials CH Page 2 Caucus & COW
3. Specifies what is included in legal action. (Sec. 2)
4. Determines any individual who establishes or occupies an encampment without prior
authorization is:
a) subject to criminal prosecution for damaging public property;
b) liable for all damages they cause, including the direct and direct costs of:
i. removing the encampment and restoring the campus; and
ii. repairing any destruction, defacement or alteration of the university's or
community college's property that results from the individual's intentional or
negligent conduct relating to the unauthorized encampment; and
c) not lawfully present on campus. (Sec. 2)
5. Asserts a law enforcement agency, peace officer or the university's or community college's
campus security:
a) must enforce the prohibition on establishing or occupying an encampment without
prior authorization; and
b) has the authority to remove an unauthorized encampment and individual or group
from campus that has violated the prohibition and refused to comply with the
direction to leave. (Sec. 2)
6. Requires each Arizona public university to comply with the ABOR's Student Code of
Conduct. (Sec. 2)
7. Includes, in the student expressive activities not protected by the First Amendment a
university or community college may restrict, establishing or occupying an encampment
on a university or community college campus without prior authorization. (Sec. 1)
8. Defines encampment. (Sec. 2)