§ 6-60-1003 — Definitions

Arkansas § 6-60-1003

• Jurisdiction: Arkansas
• Title: 6

Text

As used in this subchapter: (1) "Benefit" means the following: (A) Recognition; (B) Registration; (C) The use of facilities of a state-supported institution of higher education for meetings or speaking purposes; (D) The use of channels of communication; and (E) Funding sources that are available to student organizations at the state-supported institution of higher education; (2) "Campus community" means: (A) A state-supported institution of higher education's: (i) Students; (ii) Administrators; (iii) Faculty; and (iv) Staff; and (B) Invited guests of: (i) The state-supported institution of higher education; or (ii) Any individual in subdivisions (2)(A)(i)-(iv) of this section; (3) "Counter demonstration" means lawful action or conduct that: (A) Criticizes or objects to an expressive activity on campus; and (B) Does not violate the rights of others in the campus community by materially disrupting previously scheduled or reserved activities in a portion or section of the campus at that scheduled time; (4) "Free-speech zone" means an area on the campus of a state-supported institution of higher education that is designated for the purpose of engaging in an expressive activity; (5) "Harassment" means expression that is so severe, pervasive, and subjectively and objectively offensive that it effectively denies access to an educational opportunity or benefit provided by the state-supported institution of higher education; (6) (A) "Materially and substantially disrupts" means a disruption that occurs when a person, with the purpose or knowledge of significantly hindering the expressive activity of another person or group, prevents the communication of a message of another person or group, or prevents the transaction of the business of a lawful meeting, gathering, or procession by: (i) Engaging in fighting, violence, or other unlawful behavior; or (ii) Physically blocking or using threats of violence to prevent any person from attending, listening to, viewing, or otherwise participating in an expressive activity. (B) "Materially and substantially disrupts" does not include conduct that is protected under the First Amendment to the United States Constitution or Arkansas Constitution, Article 2, §§ 4, 6, and 24, which includes without limitation: (i) Lawful protests in an outdoor area of campus that is generally accessible to members of the campus community, except during times when the area has been reserved in advance for another event; or (ii) Minor, brief, or fleeting nonviolent disruptions of events that are isolated and short in duration; (7) (A) "Outdoor areas of campus" means the generally accessible outside areas of the campus of a state-supported institution of higher education where members of the campus community are commonly allowed, including without limitation: (i) Grassy areas; (ii) Walkways; and (iii) Other similar common areas. (B) "Outdoor areas of campus" does not include outdoor areas where access by the majority of the campus community is restricted; (8) (A) "State-supported institution of higher education" means without limitation an Arkansas state-funded: (i) Community college; or (ii) University. (B) "State-supported institution of higher education" does not include: (i) A public school, public or private institution of higher education, or public or private technical school that operates within the Division of Correction or the Division of Community Correction, or the Division of Youth Services; (ii) An educational program that is provided or facilitated by the Division of Correction or the Division of Community Correction, or the Division of Youth Services; or (iii) A private institution of higher education, regardless of whether the private institution of higher education receives any form of state support, including without limitation the receipt of funds on behalf of students attending the private institution of higher education who receive state-supported scholarships; (9) "Student" means any person who is enrolled on a full-time or part-time basis in a state-supported institution of higher education; and (10) "Student organization" means an officially recognized group at a state-supported institution of higher education or a group seeking official recognition, composed of admitted students that receive or are seeking to receive benefits through the state-supported institution of higher education.

Legislative History

Amended by Act 2019, No. 633,§ 1, eff. 7/24/2019. Added by Act 2019, No. 184,§ 1, eff. 7/24/2019.