ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

Senate: JUD DP 4-3-0-0 | 3rd Read 16-12-2-0

House: ED DP 5-4-0-1

SB 1304: ABOR; postsecondary institutions; policies

Sponsor: Senator Kern, LD 27

Caucus & COW

Overview

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteEstablishes posting requirements for the academic units of the public universities. Expands what must be included in the personnel policies adopted by the Arizona Board of Regents (ABOR). Makes changes to the free expression policy that must be adopted by ABOR and each community college district (CCD) governing board.

History

ABOR governs Arizona's three public universities and is tasked with exercising the powers necessary for the effective governance and administration of the universities, including authorizing each university to adopt regulations, policies, rules or measures deemed necessary for the universities' administration and governance. ABOR may also delegate any part of its authority to the university presidents or other entities under its control, though ABOR may rescind any delegation of authority at any time (A.R.S. § 15-1626).

Subject to reasonable time, place and manner restrictions, a public university or community college may not limit any area on campus where a lawfully present person may exercise free speech. If a public university or community college imposes restrictions on the time, place and manner of student speech that occurs in a public forum and that is protected by the First Amendment, the restrictions must meet statutory criteria (A.R.S. §§ 15-1864, 15-1865).

ABOR and each CCD governing board must develop and adopt a free expression policy that  states or requires the following: 1) the primary function of an institution of higher education is the discovery and dissemination of knowledge through discussion and debate; 2) it is not the proper role of an institution of higher education to shield individuals from speech protected by the First Amendment; 3) students and faculty members have the freedom to discuss any problem that presents itself, as allowed by the First Amendment and within the limits of reasonable time, place and manner restrictions as specified; 4) there is a range of disciplinary actions for a student who engages in individual conduct that materially and substantially infringes on the rights of others to engage in or listen to expressive activity; and 5) a student is entitled to specified rights and protections in disciplinary proceedings, including proceedings involving expressive conduct (A.R.S. § 15-1866).

ABOR and each CCD governing board must establish a free expression committee that annually reports specified information relating to free expression (A.R.S. §§ 15-1867, 15-1868).

 

Provisions

Public University Academic Unit Posting Requirements

1.   Mandates each academic unit, before classes begin for any term and for each course offered, to prominently post on its website, course directory and any other place where courses are publicly listed the:

a)   course title;

b)   current course syllabus; and

c) primary course instructor's name, including their curriculum vitae or resume and a complete list of their published work. (Sec. 1)

2.   Includes, in the posted course syllabus, a comprehensive list of all materials and resources that students will review in the course, including books, book excerpts, articles, research papers, written works in an electronic format, videos and movies. (Sec. 1)

3.   Requires the posted course syllabus, for each item in the comprehensive list, to include:

a)   the website address and version or edition of the item if the item is provided online;

b)   the title, author, version or edition, publisher and publication date for the item; or

c) a copy of the item as allowed by state or federal law. (Sec. 1)

4.   Directs a primary course instructor to annually update their curriculum vitae or resume and the list of published works. (Sec. 1)

5.   Prevents an academic unit, if it fails to satisfy each posting requirement for any course it offers, from:

a)   including the course on its website, course directory or any other place where courses are publicly listed; and

b)   allowing any student to enroll in the course. (Sec. 1)

6.   Instructs ABOR to establish policies and procedures to enforce the posting requirements. (Sec. 1)

7.   Defines academic unit. (Sec. 1)

ABOR Personnel Policies

8.   Details ABOR's personnel policies must:

a)   require all ABOR and public university officers and employees to protect the rights of students, administrators, faculty members and other employees under the First and Fourteenth Amendments and state constitutional right of freedom of speech and press;

b)   prohibit public university presidents, administrators, faculty members and other employees from retaliating against any individual for exercising these rights; and

c) require the public university presidents to adopt policies and procedures to enforce these protections. (Sec. 2)

9.   Requires ABOR to remove any officer or employee in accordance with its personnel rules and policies when the officer or employee violates these personnel policies. (Sec. 2)

Free Expression Policy

10.  Specifies ABOR and each CCD governing board must adopt an enforceable free expression policy. (Sec. 4)

11.  Specifies the free expression policy must include a statement that students and faculty members may assemble and engage in spontaneous expressive activities without penalty or retaliation. (Sec. 4)

12.  Includes, in the free expression policy, that there is a range of disciplinary actions for an administrator, faculty member or other employee who:

a)   is subject to the jurisdiction of the public university or community college; and

b)   engages in individual conduct that materially and substantially infringes on the rights of others to engage in or listen to expressive activity. (Sec. 4)

13.  Subjects any investigation of the conduct of an administrator, faculty member or other employee that allegedly materially and substantially infringes on the rights of others to engage in or listen to expressive activity to the following requirements:

a)   a public university or community college may not investigate the allegations until after the individual subject to the investigation has been notified about the specific allegations and has been given a reasonable opportunity to respond to the allegations;

b)   the person responsible for an investigation, prior to submitting the final report and recommendations to the public university or community college, must disclose to the individual subject to the investigation all conclusions and recommendations relating to the investigation; and

c) the final report and recommendations must include any response that the public university or community college received from the individual subject to the investigation or that the individual submitted in response to the conclusions and recommendations disclosed. (Sec. 4)

14.  Applies existing statutory requirements for disciplinary proceedings involving students to disciplinary proceedings involving administrators, faculty members or other employees. (Sec. 4)

15.  Adds that administrators, faculty members and other employees who are subject to disciplinary hearings as outlined have the right to active assistance of counsel if a potential consequence of a disciplinary proceeding is termination of employment. (Sec. 4)

16.  Declares termination of employment may be appropriate if an administrator, faculty member or other employee is determined to have repeatedly engaged in individual conduct that materially and substantially infringes on the rights of others to engage in or listen to expressive activity. (Sec. 4)

17.  Requires ABOR and each CCD governing board to:

a)   publish all policies, regulations and other materials that describe the rights and responsibilities of students, administrators, faculty members and other employees relating to free expression on campus, consistent with statutory free expression policy requirements and ABOR-adopted personnel policies and procedures; and

b)   develop materials, programs and procedures to ensure that any individual who has disciplinary authority understands the policies, regulations and other materials published pursuant to the prescribed publication requirement and the public university's or community college's responsibilities relating to free expression on campus. (Sec. 4)

18.  Includes, in the required publication, publication on websites and in all handbooks and orientation program materials for students and employees of ABOR and each public university and CCD governing board. (Sec. 4)

19.  Defines individual who has disciplinary authority. (Sec. 4)

20.  Asserts public universities and community colleges may restrict administrator, faculty member or other employee expression only for expressive activity not protected by the First Amendment. (Sec. 4)

Miscellaneous

21.  Declares any delegation of ABOR's authority does not limit or otherwise affect ABOR's responsibility to faithfully execute its duties. (Sec. 2)

22.  Makes the program implemented by ABOR to award honors endorsements to qualifying high school students available to school district, charter school or private school students. (Sec. 2)

23.  Directs ABOR to require each public university to annually submit a report demonstrating the public university's compliance with the statutory requirement to acquire and display the U.S. flag, U.S. Constitution and the Bill of Rights in each classroom. (Sec. 2)

24.  Makes technical and conforming changes. (Sec. 2, 3, 4)

 

 

 

 

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                        SB 1304

Initials CH     Page 0 Caucus & COW

 

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