OK
Oklahoma House Bill HB3543

Oklahoma 2022 Regular Session

Oklahoma House Bill HB3543 Compare Versions

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334 BILL NO. 3543 By: Caldwell (Chad) of the
435 House
536
637 and
738
839 Daniels of the Senate
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1545 An Act relating to higher education; establishing the
1646 Oklahoma Free Speech Committee to the Oklahoma State
1747 Regents for Higher Education; specifying duties of
1848 the Committee; amending 70 O.S. 2021, Section 2120,
1949 which relates to regional education services and
2050 schools; modifying reporting requirement; directing
2151 the Committee to provide or approve training
22-materials; providing for collection of co mplaints;
52+materials; directing for collection of co mplaints;
2353 requiring training; and providing for codification.
2454
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26-SUBJECT: Higher education
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2959 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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3160 SECTION 1. NEW LAW A new section of law to be codified
3261 in the Oklahoma Statutes as Section 3205.11 of Title 70, unless
3362 there is created a duplication in numbering, reads as follows:
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3563 There is hereby created the Oklahoma Free Speech Com mittee to
3664 the Oklahoma State R egents for Higher Education.
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3865 SECTION 2. NEW LAW A new section of law to be codified
3966 in the Oklahoma Statutes as Section 3205.12 of Title 70, unless
4067 there is created a duplication in numbering, reads as follows:
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4295 The duties of the Oklahoma Free Speech Committ ee shall be to:
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4496 1. Review the free speech policies of Oklahoma public
4597 universities;
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4798 2. Review any free speech complaint s filed with the Committee
4899 following Section 4 of this act;
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50100 3. Review university training on free speech for improvements;
51101 and
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53102 4. Make recommendations to the universities on improvements to
54103 free speech policies and training.
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56104 SECTION 3. AMENDATORY 70 O.S. 2021, Section 2120, is
57105 amended to read as follows :
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59106 Section 2120. A. As used in this act:
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61107 1. "Campus community" means students, administrators, fa culty
62108 and staff at the public institution of higher education and their
63109 invited guests;
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65110 2. "Harassment" means only tha t expression that is unwelcome,
66111 so severe, pervasive and subjectively and objectively offensive that
67112 a student is effectively denied equa l access to educational
68113 opportunities or benefits p rovided by the public institution of
69114 higher education;
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71115 3. "Materially and substantially disrupts" means when a person,
72116 with the intent to or with knowledge of doing so, significantly
73117 hinders another perso n's or group's expressive activity, prevents
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74145 the communication of the message or prevents the transaction of the
75146 business of a lawful meeting, gathering or procession by:
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77147 a. engaging in fighting, violent or other unlawful
78148 behavior, or
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80149 b. physically blocking or using threats of violence to
81150 prevent any person from attending, listening to,
82151 viewing or otherwise participating i n an expressive
83152 activity. Conduct that "materially disrupts" shall
84153 not include conduct that is protected under the First
85154 Amendment to the United States Constitution or Section
86155 22 of Article 2 of the Oklahoma Constitution. Such
87156 protected conduct includes but is not limited to
88157 lawful protests in the outdoor areas of campus
89158 generally accessible to the members of the public,
90159 except during times when those areas have been
91-reserved in advance f or other events, or minor, brief ENR. H. B. NO. 3543 Page 3
160+reserved in advance f or other events, or minor, brief
92161 or fleeting nonviolent disruptions of events that are
93162 isolated and short in duration;
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95163 4. "Outdoor areas of c ampus" means the generally accessible
96164 outside areas of campus w here members of the campus community are
97165 commonly allowed, such as grassy areas, walkways or other similar
98166 common areas and does not include outdoor areas where access is
99167 restricted from a majo rity of the campus community;
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101195 5. "Public institution of higher education" means any
102196 institution within The Oklaho ma State System of Higher Education or
103197 technology center schools ove rseen by the State Board of Career and
104198 Technology Education; and
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106199 6. "Student organization" means an officially recognized group
107200 at a public institution of higher education, or a group see king
108201 official recognition, comprised of admitted students that recei ve or
109202 are seeking to receive benefits through the public institution of
110203 higher education.
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112204 B. Expressive activities protected under the p rovisions of this
113205 section include but are not limit ed to any lawful verbal, written,
114206 audio-visual or electronic means b y which individuals may
115207 communicate ideas to one another, including all fo rms of peaceful
116208 assembly, protests, speeches and guest speakers , distribution of
117209 literature, carrying signs and ci rculating petitions.
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119210 C. 1. The outdoor areas of campuses of public institutions of
120211 higher education in this state shall be deemed public for ums for the
121212 campus community, and public institutions of higher education shall
122213 not create "free speech zones" or other designated areas of campus
123214 outside of which expressive activit ies are prohibited. Public
124215 institutions of higher education may maintain and enforce reasonable
125216 time, place and manner restrictions narr owly tailored in service of
126217 a significant instituti onal interest only when such restrictions
127218 employ clear, published, c ontent- and viewpoint-neutral criteria and
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128246 provide for ample alternative m eans of expression. Any such
129247 restrictions shall allow for memb ers of the campus community to
130248 spontaneously and co ntemporaneously assemble and distribute
131249 literature.
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133250 2. Nothing in this subsection shall be interpreted as limiting
134251 the right of student expre ssion elsewhere on campus.
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136252 D. 1. Any person who wishes to eng age in noncommercial
137253 expressive activity on campus shall be permitted to do so freely, as
138254 long as the person's conduct is not unlawful and does not materially
139255 and substantially disrupt the func tioning of the public institutions
140256 of higher education, subject only to the requirements of subsection
141257 C of this section.
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143258 2. Nothing in this subsection shall prohibit public
144259 institutions of higher education from maintaining and enforcing
145260 reasonable time, place and manner restrictions that are narrowly
146261 tailored to serve a significant institutional interest only when
147262 such restrictions employ clear, published, content - and viewpoint-
148263 neutral criteria. Any such restrictions shall allow for members of
149264 the campus community to spontaneously and contemporaneously
150265 assemble, speak and distribute literature.
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152266 3. Nothing in this subsection shall be interpreted as
153267 preventing public institutions of higher education from prohibiting,
154268 limiting or restricting expression tha t the First Amendment does not
155269 protect or prohibiting harassmen t as defined by this section.
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156296
157297 4. Nothing in this s ection shall enable individuals to engage
158298 in conduct that intentiona lly, materially and substantially disrupts
159299 another person's expressive act ivity if that activity is occurring
160300 in a campus space reserved for that activity under the exclusive use
161301 or control of a particular group.
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163302 E. Public institutions of higher education shall make public in
164303 their handbooks, on their websites and through their orientation
165304 programs for students the policies, regulations an d expectations of
166305 students regarding free expressio n on campus consistent with this
167306 section.
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169307 F. Public institutions of higher education shall develop
170308 materials, programs and procedures to ensu re that those persons who
171309 have responsibility for discipline or education of students,
172310 including but not limited t o administrators, campus police officers,
173311 residence life officials a nd professors, understand the policies,
174312 regulations and duties of public i nstitutions of higher education
175313 regarding free expression on ca mpus consistent with this section.
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177314 G. 1. Each public institution of higher education shall
178315 publicly post on its websi te, as well as submit to the Governor and,
179316 the Legislature, and the Chancellor of The Oklahoma State System of
180-Higher Education annually by December 31, a report that details the ENR. H. B. NO. 3543 Page 5
317+Higher Education annually by December 31, a report that details the
181318 course of action implemented to be in compliance with the
182319 requirements of this section. A report shall also be given in the
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183347 instance of any change s or updates to the chosen course of action.
184348 The information requi red in the report shall be:
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186349 a. accessible from the institution's website home page by
187350 use of not more than three links,
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189351 b. searchable by key words and phrases, and
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191352 c. accessible to the publ ic without requiring
192353 registration or use of a user name, password o r
193354 another user identification.
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195355 2. The report shall include:
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197356 a. a description of any barriers to or incidents of
198357 disruption of free expression occurring on campus,
199358 including but not limited to attempts to block or
200359 prohibit speakers and investigations into students or
201360 student organizations for their speech. The
202361 description shall include the nature of each barrier
203362 or incident, as well as what disciplinary action, if
204363 any, was taken against mem bers of the campus community
205364 determined to be responsible for those specific
206365 barriers or incidents involving students without
207366 revealing those students' personally identifiable
208367 information, and
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210368 b. any other information each public institution of
211369 higher education deems valuable for the public to
212370 evaluate whether free expres sion rights for all
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213398 members of the campus community have been equally
214399 protected and enforced consistent with this act.
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216400 3. If a public institution of higher education is sued for an
217401 alleged violation of First Amendment rights, a supplementary report
218402 with a copy of the complaint, or any amended complaint, s hall be
219403 submitted to the Governor and the Legislature within thirty (30)
220404 days.
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222405 H. Any person or student organization aggrieved by a viola tion
223406 of this section may bring an action against the public institu tion
224407 of higher education and its employees acting i n their official
225-capacities responsible for the violation and seek appropriate ENR. H. B. NO. 3543 Page 6
408+capacities responsible for the violation and seek appropriate
226409 relief, including but not limited to injunctive relief, mon etary
227410 damages, reasonable attorneys' fees and court costs. Any per son or
228411 student organization aggrieved by a violatio n of this section may
229412 assert such violation as a defense or counter claim in any
230413 disciplinary action or in any civil or administrative pro ceedings
231414 brought against such student or student organization. Not hing in
232415 this subsection shall be interpreted to lim it any other remedies
233416 available to any person or student organization.
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235417 I. A person shall be required to bring suit for violation of
236418 this section no later than one year after the day the cause of
237419 action occurs. For purposes of calculating the one -year limitation
238420 period, each day that the violation persists and each day that a
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239448 policy in violation of this section remains in effect shall
240449 constitute a new day that the cause of action has occurred.
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242450 J. If any provision of this section or any application of such
243451 provision to any person or circumstance is held to be
244452 unconstitutional, the remainder of the section and the application
245453 of the provision to any other person or circumstance shall not be
246454 affected.
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248455 SECTION 4. NEW LAW A new section o f law to be codified
249456 in the Oklahoma Statutes as Section 3205.13 of Title 70, unless
250457 there is created a duplicatio n in numbering, reads as fol lows:
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252458 The Oklahoma Free Speech Committee shall develop a process of
253459 collecting complaints of free speech violations on public university
254460 campuses and advise complainants of their rights. Universities
255461 shall publish contact infor mation on how to report free speech
256-concerns to the Oklahoma Free Speech Committee on its website.
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462+concerns to the Oklahoma Free Speech Committee on their website.
258463 SECTION 5. NEW LAW A new section of law to be codified
259464 in the Oklahoma Statu tes as Section 3205.14 of Title 70, unless
260465 there is created a duplication in numbe ring, reads as follows:
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262466 The Oklahoma Free Speech Committee shall either develop a First
263467 Amendment training or approve of an outside First Amendment training
264468 that shall be required for all college deans, heads of departments,
265469 and individuals responsible for establishing university free speech
266470 policies or handling free speech complaints. The Committee shall
267471 either revise or reapprove the training every two (2) years. The
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268499 training will be required every two (2) years, or upon hire or
269500 promotion to one of the positions described by this section .
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271-Passed the House of Representatives the 9th day of March, 2022.
272-
273-
274-
275-
276- Presiding Officer of the House
277- of Representatives
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280-Passed the Senate the 18th day of April, 2022.
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285- Presiding Officer of the Senate
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288-
289-OFFICE OF THE GOVERNOR
290-Received by the Office of the Go vernor this ____________________
291-day of ___________________, 20_______, at _______ o'clock _______ M.
292-By: _________________________________
293-Approved by the Governor of the State of Oklahoma this _____ ____
294-day of ___________________, 20_______, at _______ o 'clock _______ M.
295-
296-
297- _________________________________
298- Governor of the State of Oklahoma
299-
300-OFFICE OF THE SECRETARY OF STATE
301-Received by the Office of the Secretary of State this __________
302-day of ___________________, 20_______, at _______ o'clock _______ M .
303-By: _________________________________
304-
501+COMMITTEE REPORT BY: COMMI TTEE ON EDUCATION
502+April 5, 2022 - DO PASS