HB 527 - Establishes Sanctions for Disruptive Student Protest - North Carolina Key Vote

Stage Details

Title: Establishes Sanctions for Disruptive Student Protest

NOTE: THIS IS A SUBSTITUTE BILL, MEANING THE LANGUAGE OF THE ORIGINAL BILL HAS BEEN REPLACED. THE DEGREE TO WHICH THE SUBSTITUTE BILL TEXT DIFFERS FROM THE PREVIOUS VERSION OF THE TEXT CAN VARY GREATLY.

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Title: Establishes Sanctions for Disruptive Student Protest

Vote Smart's Synopsis:

Vote to pass a bill that establishes free expression policies on University of North Carolina campuses, effective June 30, 2017.

Highlights:

 

  • Requires the Board of Governors of the University of North Carolina to adopt a policy on free expression that includes at least the following (Sec. 1):

    • An acknowledgement that the university will strive to ensure the intellectual freedom and expression of their students;

    • An acknowledgement that it is not the role of the university to shield individuals from speech protected by the First Amendment;

    • A prohibition on the university from requiring students, faculty, or administrators to publicly express a given view of a social policy;

    • An authorization for students and faculty to discuss any problems or issues within limits of viewpoint and content-neutral restrictions as long as the restrictions are clear, published, and provide alternative means of expression;

    • An authorization for students and faculty to assemble and engage in spontaneous expressive activity that is lawful and does not disrupt the functioning of the university;

    • A statement that access to campus for free speech and expression will be consistent with the First Amendment within reasonable time, place and manner restrictions;

    • An authorization for all invited speakers to speak on campus within a reasonable time, place, and manner;

    • Disciplinary sanctions for those under the jurisdiction of the university who disrupt the functioning of the university or interfere with the expression rights of others, including protests and demonstrations that hinder the ability of others to engage in and listen to the expressive activity that has been scheduled; and

    • An acknowledgement of the right of students to a disciplinary hearing under published procedures for violations involving expressive speech.

  • Requires the Board of Governors of the University of North Carolina to establish the Committee on Free Expression with 11 individuals from the Board (Sec. 1).

  • Requires all employees of the university and state agencies to provide any information requested by the Committee (Sec. 1).

  • Requires the Committee to create an annual report to the public, the Board of Governors, the governor, and the General Assembly including (Sec. 1):

    • A description of barriers or disruptions of free expression within the university;

    • A description of discipline relating to these disruptions;

    • A description of difficulties or successes in maintaining institutional neutrality in political or social issues; and

    • Any assessments, criticisms, commendations, or recommendations as seen fit by the Committee.

  • Requires the University of North Carolina to include programs describing free speech policies during freshman orientation (Sec. 1).

  • Authorizes the Board of Governors to adopt additional policies regarding free expression including, but not limited to the following (Sec. 1):

    • Violations of the law;

    • Expression that has been deemed defamation by a court;

    • Harassment;

    • True threats;

    • An action that disrupts the function of the university;

  • Specifies that no individual associated with the university or Board of Governors is personally liable for acts within their official duties (Sec. 1).

  • Requires a policy by each branch of the university that identifies the office or department responsible for compliance with this act (Sec. 2).

Title: Establishes Sanctions for Disruptive Student Protest

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