Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 132 First Substitute (2020GS)

Sponsor

Rep. Coleman, K.

Final action

House/ filed 3/12/2020

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• defines terms;
• enacts provisions related to discriminatory harassment at an institution of higher education, including provisions that:
• prohibit an institution from punishing certain acts of speech that do not constitute discriminatory harassment; and
• create a cause of action related to discriminatory harassment at an institution of higher education; and
• enacts provisions related to the free expression policies of an institution of higher education.

Every vote on this bill

Bill text

HIGHER EDUCATION STUDENT SPEECH RIGHTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kim F. Coleman
Senate Sponsor:
 Todd Weiler
LONG TITLE
General Description:
This bill enacts provisions related to discriminatory harassment and expression at an
institution of higher education.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ enacts provisions related to discriminatory harassment at an institution of higher
education, including provisions that:
• prohibit an institution from punishing certain acts of speech that do not
constitute discriminatory harassment; and
• create a cause of action related to discriminatory harassment at an institution of
higher education; and
▸ enacts provisions related to the free expression policies of an institution of higher
education.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
53B-27-401
, Utah Code Annotated 1953
53B-27-402
, Utah Code Annotated 1953
53B-27-403
, Utah Code Annotated 1953
53B-27-404
, Utah Code Annotated 1953
53B-27-501
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53B-27-401
 is enacted to read:
Part 4. Campus Anti-Harassment
 53B-27-401.
Definitions.
As used in this part:
(1) "Discriminatory harassment" means student-on-student speech that:
(a) is unwelcome;
(b) discriminates on the basis of a classification protected under federal or state law;
and
(c) is so severe, pervasive, and objectively offensive, and that so undermines and
distracts from a student's educational experience, that the student is effectively denied access to
an institution's resource or opportunity.
(2) "Student" means an individual enrolled at an institution.
(3) (a) "Student-on-student speech" means verbal, written, or other communication that
is:
(i) communicated by a student; and
(ii) directed at another student.
(b) "Student-on-student speech" does not include an act of physical contact between a
student and another student.
Section 2. Section 
53B-27-402
 is enacted to read:
 53B-27-402.
Institution duties.
(1) An institution is in violation of this part if the institution:
(a) gains actual knowledge of discriminatory harassment in the institution's program or
activity; and
(b) acts with deliberate indifference to the discriminatory harassment.
(2) (a) An institution may not punish, as discriminatory harassment, student-on-student
speech that does not constitute discriminatory harassment.
(b) An institution is not liable under this part for failing to punish a student who
communicates student-on-student speech that is not discriminatory harassment.
(3) Nothing in this part prevents an institution from punishing student-on-student
speech that is otherwise not protected under the First Amendment to the United States
Constitution.
(4) Nothing in this part prevents an institution from responding to student-on-student
speech that is not discriminatory harassment by taking nonpunitive actions designed to promote
a welcoming, inclusive environment.
(5) Nothing in this part prevents an institution from maintaining policies prohibiting
stalking or other criminal activity.
Section 3. Section 
53B-27-403
 is enacted to read:
 53B-27-403.
Cause of action.
(1) The following persons may bring an action to enjoin a violation of this part, in a
state court of competent jurisdiction, against an institution or an institution's agent acting in the
agent's official capacity:
(a) the attorney general; or
(b) a person claiming to be aggrieved by a violation of this part.
(2) In an action brought under this part, if the court finds a violation of this part, the
court:
(a) shall enjoin the violation;
(b) shall, if a person claiming to be aggrieved brought the suit, award the aggrieved
person at least $1,000; and
(c) may award a prevailing plaintiff:
(i) compensatory damages;
(ii) reasonable court costs;
(iii) reasonable attorney fees and reasonable expert fees; or
(iv) any other relief that the court considers appropriate.
(3) In an action brought under this part, the court may award a prevailing defendant
reasonable attorney fees if the action was vexatious, frivolous, or brought to harass or
embarrass the defendant.
(4) The state waives immunity under the Eleventh Amendment to the United States
Constitution and consents to suit in a federal court for lawsuits arising out of this part.
(5) Notwithstanding Title 63G, Chapter 7, Governmental Immunity Act of Utah, an
institution that violates this part is not immune from suit or liability for the violation.
Section 4. Section 
53B-27-404
 is enacted to read:
 53B-27-404.
Statute of limitations.
(1) Except as provided in Subsection (3)(b), a person may not bring an action under
this part later than one year after the day on which the cause of action accrues.
(2) For an action alleging a violation of Subsection 
53B-27-402
(2)(a), the cause of
action accrues on the day on which the student receives final notice, from the institution, of
punishment that violates Subsection 
53B-27-402
(2)(a).
(3) (a) For an action alleging a violation of Subsection 
53B-27-402
(1), the cause of
action accrues on the day on which the institution gains knowledge of the discriminatory
harassment.
(b) For an action described in Subsection (3)(a), the limitation described in Subsection
(1) extends to one year after the day on which the most recent known act of discriminatory
harassment, involving the same parties as a prior known act of discriminatory harassment,
occurs.
Section 5. Section 
53B-27-501
 is enacted to read:
 53B-27-501.
Free expression policies.
(1) As used in this section, "free expression policy" means an institution's policy,
regulation, or other expectation related to student expression.
(2) An institution shall:
(a) publish the institution's free expression policies:
(i) in the institution's student handbook; and
(ii) on the institution's website;
(b) include information about the institution's free expression policies in an orientation
program for students enrolled in the institution; and
(c) develop a program, procedures, and materials to ensure that an individual who has
responsibility for the discipline or education of a student at the institution understands the
institution's free expression policies.
(3) An individual described in Subsection (2)(c) includes an institution:
(a) administrator;
(b) campus police officer;
(c) residence life official; and
(d) faculty member.
(4) An institution shall ensure that a free expression policy is consistent with the
provisions of this chapter.