CHAPTER
9. The Forming Open and Robust University Minds Act
99360.
This chapter shall be known, and may be cited, as the Forming Open and Robust University Minds Act, or the FORUM Act.99361.
For purposes of this chapter, the following definitions apply:(a) “Benefit” includes recognition, registration, the use of facilities of the institution of higher education for meetings or speaking purposes, the use of channels of communication, and funding sources that are otherwise available to other student associations at the public institution of higher education.
(b) “Campus community” means students, administrators, and faculty and staff of the institution of higher education, and invited guests of any of those persons.
(c) “Counter demonstration” means lawful action or conduct that criticizes or objects to the free expression
activities of others on campus, and 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.
(d) “First Amendment” means the First Amendment of the United States Constitution.
(e) “Harassment” means expression that is so severe, pervasive, and subjectively and objectively offensive that it unreasonably interferes with an individual’s access to educational opportunities or benefits provided by the public institution of higher education.
(f) “Outdoor areas” means the generally accessible outside areas of campus where members of the campus community are commonly allowed, including grassy areas and walkways. “Outdoor areas of campus” do not include outdoor areas that a majority of the
campus community is restricted from accessing.
(g) “Public institution of higher education” means a campus of the California Community Colleges, the California State University, or the University of California.
(h) “Student” means a person who is enrolled on a full-time or part-time basis in a public institution of higher education.
(i) “Student organization” means an officially recognized group at a public institution of higher education, or a group seeking official recognition, comprised of students who receive, or are seeking to receive, benefits through the institution of higher education.
99362.
Expressive activities protected under the provisions of this chapter include, but are not limited to, any lawful verbal or written means by which an individual communicates ideas to others, including all forms of peaceful assembly, protests, speeches, guest speakers, distribution of literature, carrying signs, and circulating petitions.99363.
(a) The outdoor areas of a public institution of higher education shall be deemed traditional public forums. A public institution of higher education may maintain and enforce reasonable time, place, and manner restrictions narrowly tailored in service of a significant institutional interest only when those restrictions employ clear, published, content- and viewpoint-neutral criteria, and provide for ample alternative means of expression. A restriction pursuant to this section shall not prohibit a member of the campus community from spontaneously and contemporaneously assembling and distributing literature.(b) Nothing in this section shall be interpreted as limiting the right of student expression elsewhere on
campus.
99364.
(a) A person who wishes to engage in noncommercial expressive activity in the outdoor areas of a public institution of higher education shall be permitted to do so freely, as long as the person’s conduct is not unlawful and does not materially and substantially disrupt the functioning of the public institution of higher education, subject only to the requirements of Section 99363.(b) Nothing in this section shall prohibit a public institution of higher education from maintaining and enforcing reasonable time, place, and manner restrictions that are narrowly tailored to serve a significant institutional interest only when those restrictions employ clear, published, content- and viewpoint-neutral criteria. A restriction pursuant to this section
shall not prohibit a member of the campus community from spontaneously and contemporaneously assembling and distributing literature.
(c) Nothing in this section shall be interpreted as preventing a public institution of higher education from prohibiting, limiting, or restricting expression that the First Amendment does not protect, including, but not limited to, true threats and expression directed to provoke imminent lawless actions and likely to produce it, or from prohibiting harassment.
(d) Nothing in this section shall be interpreted as limiting the right of a member of the campus community to hold a counter demonstration, if the conduct of the counter demonstration is not unlawful and does not materially and substantially prohibit the expressive activities of others on campus, or disrupt the functioning of the institution of higher
education.
99365.
A public institution of higher education shall not deny a belief-based student organization a benefit or privilege available to any other student organization, or otherwise discriminate against a belief-based organization, based on the expression of the organization, including by requiring that a leader or member of a belief-based organization do any of the following:(a) Affirm and adhere to the organization’s sincerely held beliefs.
(b) Comply with the organization’s standards of conduct.
(c) Further the organization’s mission or purpose, as defined by the student organization.
99366.
(a) A public institution of higher education shall make public in its handbooks, on its Internet Web site, and through its orientation programs for students the policies, regulations, and expectations of students regarding free expression on campus consistent with this chapter.(b) A public institution of higher education shall develop materials, programs, and procedures to ensure that those persons who are responsible for the discipline or education of students, including, but not limited to, administrators, campus police officers, residence life officials, and professors, understand the policies, regulations, and duties of public institutions of higher education regarding free expression on campus consistent with this
chapter.
99367.
(a) On or before December 1, 2019, and on December 1 of each year thereafter, a public institution of higher education shall publicly post on its Internet Web site and submit to the Governor and Legislature a report that details the course of action being taken in order to comply with the requirements of this chapter. A report required pursuant to this subdivision shall meet the following requirements:(1) Be accessible from the institution’s Internet Web site homepage by use of not more than three links to reach the report.
(2) Be searchable by keywords and phrases.
(3) Be accessible to the public without requiring
registration or use of a username, password, or other user identification.
(b) A report required pursuant to subdivision (a) shall include all of the following:
(1) A description of any barriers to, or incidents of disruption of, free expression occurring on campus, including, but not limited to, attempts to block or prohibit speakers and investigations into students or student organizations for their expressive activities. The description shall include the nature of each barrier or incident and any disciplinary action taken against members of the campus community determined to be responsible for those specific barriers or incidents. The description shall not reveal a student’s personally identifying information.
(2) Any other information the public institution of higher education deems valuable in order for the
public to evaluate whether free expression rights for all members of the campus community have been equally protected and enforced consistent with this chapter.
(c) If a public institution of higher education is sued for an alleged violation of First Amendment rights, a supplementary report with a copy of the complaint shall be submitted to the Governor and Legislature within 30 days of notice of the suit.
(d) A report required pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.
99368.
The Board of Governors of the California Community Colleges and the Trustees of the California State University shall, and Regents of the University of California are encouraged to, develop and adopt a policy on free expression that contains, at a minimum, the following statements:(a) The primary function of an institution of higher education is the discovery, improvement, transmission, and dissemination of knowledge by means of research, 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.
(b) It is not the proper role of an institution of higher education to
shield individuals from speech protected by the First Amendment, including, without limitation, ideas and opinions a person may find unwelcome, disagreeable, or even deeply offensive.
(c) Students and faculty have the freedom to discuss any problem that presents itself, as the First Amendment permits and within the limits of reasonable viewpoint- and content-neutral restrictions on time, place, and manner of expression that are consistent with this chapter and that are necessary to achieve a significant institutional interest, provided that these restrictions are clear, published, and provide ample alternative means of expression. Students and faculty shall be permitted to assemble and engage in spontaneous expressive activity, if the activity is not unlawful and does not materially and substantially disrupt the functioning of the institution, subject to the requirements of this chapter.
(d) The public outdoor areas of an institution of higher education are traditional public forums, open on the same terms to any speaker.
(e) The institution shall strive to remain neutral, as an institution, on the public policy controversies of the day, and shall not take action, as an institution, on the public policy controversies of the day in such a way as to require students or faculty to publicly express a given view of social policy.
99369.
A person or student association aggrieved by a violation of this chapter may bring an action against the public institution of higher education and any other persons responsible for the violation, and may seek appropriate relief, including, but not limited to, injunctive relief, monetary damages, reasonable attorneys’ fees, and court costs. A person or student organization aggrieved by a violation of this chapter may assert that violation as a defense or counter claim in any disciplinary action or in any civil or administrative proceedings brought against the student or a student organization. Nothing in this section shall be interpreted to limit any other remedies available to any person or student organization. 99370.
A person may bring suit for violation of this chapter not later than one year after the day the cause of action accrues. For purposes of calculating the one-year limitation period, each day that the violation persists, and each day that a policy in violation of this chapter remains in effect, shall constitute a new violation of this chapter and, therefore, a new day that the cause of action has accrued. 99371.
The state waives immunity under the Eleventh Amendment of the United States Constitution and consents to suit in a federal court for lawsuits arising out of this chapter. A public institution of higher education that violates this chapter is not immune from suit or liability for the violation.99372.
If any provision of this chapter or any application of a provision of this chapter to any person or circumstance is held to be unconstitutional, the remainder of this chapter and the application of the provision to any other person or circumstance shall not be affected.