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Utah Administrative Code (Current through November 1, 2019) |
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R957. System of Technical Colleges (Utah), Southwest Technical College |
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R957-2. Free Expression on Campus |
| R957-2-1. Purpose |
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(1) In accordance with Title 53B, Chapter 27, Section 302, Campus Civil Liberties Protection Act, the rule establishes general rights to expression on campus as established by law and recognizes narrow limits on speech, including time, place, and manner restrictions. |
| R957-2-2. References |
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(1) United States Constitution, Amendment 1, Freedom of Expression and Religion. (2) Utah Constitution, Article 1, Section 15, Freedom of Speech and of the Press. (3) Title 53B, Chapter 27, Part 2, Campus Free Expression Act. (4) Title 53B, Chapter 27, Part 3, Campus Civil Liberties Protection Act. (5) Policy -- Grievance Policy, July 29, 2019. (6) Policy -- Student Conduct Policy, July 29, 2019. (7) Policy -- Harassment, Nondiscrimination and Equal Opportunity, July 29, 2019. |
| R957-2-3. Definitions |
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(1) Free Expression means all forms of verbal, written, or symbolic communication, including peaceful assembly, protests, speaking verbally, holding signs, circulating petitions, and distributing written materials. (a) Free expression does not include speech or conduct that is not recognized as protected by the First Amendment to the U.S. Constitution and Article 1, Section 15 of the Utah Constitution, including speech or conduct that is a true threat, fraudulent, harassment, obscene, defamatory, or otherwise unlawful. |
| R957-2-4. General Rights of Free Expression on Campus |
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(1) The college upholds and promotes free expression on campus. Except as limited by regulations consistent with the law and this rule, (a) all faculty, students, and staff have the right to express views and ideas, and are free to criticize, contest, and condemn views expressed on campus and (b) neither the faculty, staff, nor students may obstruct, disrupt, suppress or otherwise interfere with the freedom of others to express views. (2) The college's outdoor areas are a public forum. (3) The college may not prohibit: (a) a member of the college's community or the public from spontaneously and contemporaneously assembling in an outdoor area of the college's campus; or (b) a person from freely engaging in noncommercial expressive activity in an outdoor area of the college's campus if the person's conduct is lawful. |
| R957-2-5. Time, Place and Manner Restrictions |
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(1) The college may reasonably regulate the time, place, and manner of free expression to ensure that it does not disrupt the ordinary activities of the college. This restriction includes established procedures for engaging in organized speech activities, such as protest marches or invited speakers. (2) These exceptions to the principle of freedom of expression must be viewpoint neutral, generally content neutral, narrowly tailored, and leave ample opportunity for alternative means for expression. The college will not use these exceptions in a manner that is inconsistent with the college's commitment to free and open discussion of ideas. |
| R957-2-6. Incorporations of College Policies |
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The college has adopted the following policies that are incorporated by reference within this rule: (1) Policy -- Grievance Policy, July 29, 2019. (2) Policy -- Student Conduct Policy, July 29, 2019. (3) Policy -- Harassment, Nondiscrimination and Equal Opportunity, July 29, 2019. |