§ 261H.2 — Public institutions of higher education — duties

Iowa § 261H.2

• Jurisdiction: Iowa
• Title VII: EDUCATION, HISTORY, AND CULTURE
• Ch. 261H: SPEECH AND EXPRESSION — PUBLIC INSTITUTIONS OF HIGHER EDUCATION

Text

1. The state board of regents and the board of directors of each community college shall
adopt a policy that includes all of the following statements:
a. That the primary function of an institution of higher education is the discovery,
improvement, transmission, and dissemination of knowledge by means of research,
§261H.2,SPEECHANDEXPRESSION—PUBLICINSTITUTIONSOFHIGHEREDUCATION 2
teaching, discussion, and debate. This statement shall provide that, to fulfill this function,
the institution must strive to ensure the fullest degree of intellectual freedom and free
expression allowed under the first amendment to the Constitution of the United States.
b. (1) That it is not the proper role of an institution of higher education to shield
individuals from speech protected by the first amendment to the Constitution of the United
States, which may include ideas and opinions the individual finds unwelcome, disagreeable,
or even offensive.
(2) That it is the proper role of an institution of higher education to encourage diversity
of thoughts, ideas, and opinions and to encourage, within the bounds of the first amendment
to the Constitution of the United States, the peaceful, respectful, and safe exercise of first
amendment rights.
c. That students and faculty have the freedom to discuss any problem that presents itself,
assemble, and engage in spontaneous expressive activity on campus, within the bounds of
established principles of the first amendment to the Constitution of the United States, and
subjecttoreasonabletime, place, andmannerrestrictionsthatareconsistentwithestablished
first amendment principles.
d. That the outdoor areas of campus of an institution of higher education are public
forums, open on the same terms to any invited speaker subject to reasonable time, place, and
manner restrictions that are consistent with established principles of the first amendment to
the Constitution of the United States.
2. The state board of regents shall develop materials, programs, and procedures to
ensure that those persons who are responsible for discipline, instruction, or administration
of the campus community, or who have oversight of student government organizations, or
distribute activity fee funds, including but not limited to presidents, vice-presidents, deans,
department directors, administrators, campus police officers, residence life officials, faculty,
and members of student government organizations, understand the policies, regulations, and
duties of the institution regarding free expression on campus consistent with this chapter.
3. a. Each public institution of higher education shall protect the first amendment rights
of the institution’s students, staff, and faculty and shall establish and publicize policies that
prohibit institutional restrictions and penalties based on protected speech, including political
speech, to the fullest extent required by the first amendment to the Constitution of the United
States. A public institution of higher education shall not retaliate against a member of the
campuscommunitywhofilesacomplaintforaviolationofthissubsectionpursuanttosection
261H.5.
b. If it is determined, after exhaustion of all available administrative and judicial appeals,
thatafacultymemberknowinglyandintentionallyrestrictstheprotectedspeechorotherwise
penalizes a student in violation of this subsection, the faculty member shall be subject to
discipline by the institution through the normal disciplinary processes of the institution, and
such discipline may include termination depending on the totality of the facts. If the faculty
member is licensed by the board of educational examiners under chapter 256, subchapter
VII, part 3, the board of educational examiners shall conduct a hearing pursuant to section
256.158, and the faculty member may be subject to disciplinary action by the board.