The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8342
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 20, 2021
                                ___________
 
 Introduced  by M. of A. BARCLAY -- read once and referred to the Commit-
   tee on Higher Education
 
 AN ACT to amend the education law, in relation to ensuring all  students
   enrolled  at  state  university of New York and city university of New
   York institutions are able to express themselves freely  without  fear
   of intimidation or harm

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited  as  the  "college
 and university free speech act".
   §  2.  Legislative  findings and intent. Section 8 of article 1 of the
 New York State Constitution states that "every citizen may freely speak,
 write and publish his or her sentiments on all subjects, being responsi-
 ble for the abuse of that right; and no law shall be passed to  restrain
 or abridge the liberty of speech".
   The  legislature  views freedom of speech as an important, fundamental
 right enjoyed by all  Americans  and  institutions  of  higher  learning
 should  be  places  of  information  sharing  and  learning,  productive
 discourse, and free expression.
   The legislature is tasked with ensuring everyone  in  this  state  has
 access  to the highest quality of life, including their higher education
 experience. Therefore,  immediate,  effective  action  is  necessary  to
 protect  all  students,  who would like to be able to express themselves
 without fear of intimidation or harm.
   The legislature has determined that all state university of  New  York
 and  city  university  of New York institutions shall adhere to a policy
 officially recognizing freedom of speech as a fundamental right.
   § 3. The education law is amended by adding a new  section  6438-a  to
 read as follows:
   § 6438-A. COLLEGE  AND  UNIVERSITY  FREE SPEECH. 1. WITHIN ONE HUNDRED
 TWENTY DAYS OF THE EFFECTIVE DATE OF THIS  SECTION,  THE  REGENTS  SHALL
 ADOPT  A  POLICY  ON FREE SPEECH THAT APPLIES AT ALL STATE UNIVERSITY OF
 NEW YORK AND CITY UNIVERSITY OF NEW YORK INSTITUTIONS. SUCH POLICY SHALL
 INCLUDE, BUT NOT BE LIMITED TO:
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09707-01-1
 A. 8342                             2
 
   (A) ALL STATE AND CITY COLLEGES AND UNIVERSITIES SHALL  BE  PLACES  OF
 INFORMATION   SHARING   AND  LEARNING,  PRODUCTIVE  DISCOURSE  AND  FREE
 EXPRESSION;
   (B)  IT  IS  NOT  THE PROPER ROLE OF A COLLEGE OR UNIVERSITY TO SHIELD
 INDIVIDUALS FROM SPEECH PROTECTED BY THE FIRST AMENDMENT OF  THE  UNITED
 STATES  CONSTITUTION  AND  SECTION  EIGHT OF ARTICLE ONE OF THE NEW YORK
 STATE CONSTITUTION;
   (C) STUDENTS AND FACULTY HAVE THE FREEDOM TO SHARE IDEAS AND VIEWS  AS
 PERMITTED BY THE FIRST AMENDMENT AND SECTION EIGHT OF ARTICLE ONE OF THE
 NEW YORK STATE CONSTITUTION;
   (D)  ANY PERSON LAWFULLY PRESENT ON A COLLEGE OR UNIVERSITY CAMPUS MAY
 PROTEST OR DEMONSTRATE, UNLESS THAT PROTEST OR DEMONSTRATION  INTERFERES
 WITH THE EXPRESSIVE RIGHTS OF OTHERS;
   (E)  COLLEGE  AND  UNIVERSITY CAMPUSES ARE OPEN TO INVITED SPEAKERS BY
 FACULTY OR STUDENTS, REGARDLESS OF THEIR VIEWPOINTS AS PROTECTED BY  THE
 FIRST  AMENDMENT  OF THE UNITED STATES CONSTITUTION AND SECTION EIGHT OF
 ARTICLE ONE OF THE NEW YORK STATE CONSTITUTION;
   (F) PUBLIC AREAS AT THE COLLEGE OR UNIVERSITY ARE  PUBLIC  FORUMS  AND
 OPEN ON THE SAME TERMS TO ANY SPEAKER; AND
   (G)  COLLEGES  AND  UNIVERSITIES  SHALL REMAIN NEUTRAL ON POLITICAL OR
 PUBLIC POLICY CONTROVERSIES.
   2. THE POLICY ON FREE SPEECH SHALL ESTABLISH DISCIPLINARY  PROCEDURES,
 INCLUDING  A  FORMAL INVESTIGATION AND A HEARING FOR FACULTY OR STUDENTS
 WHO ENGAGE IN CONDUCT THAT MATERIALLY  AND  SUBSTANTIALLY  DISRUPTS  THE
 FREE EXPRESSION OF OTHERS. SUCH POLICY SHALL INCLUDE, BUT NOT BE LIMITED
 TO, PENALTIES FOR:
   (A)  STUDENTS  FOUND  GUILTY OF ANY VIOLATION THEREOF, EQUAL TO A ONE-
 WEEK SUSPENSION FOR A FIRST OFFENSE, A MINIMUM TWO-WEEK SUSPENSION FOR A
 SECOND OFFENSE, A MINIMUM SUSPENSION EQUAL TO  A  FULL  SEMESTER  FOR  A
 THIRD OFFENSE, AND EXPULSION FOR A FOURTH OFFENSE; AND
   (B) FACULTY FOUND GUILTY OF ANY VIOLATION THEREOF.
   3.  EACH  COLLEGE  AND UNIVERSITY SHALL INFORM INCOMING STUDENTS ABOUT
 THE POLICY ON FREE SPEECH THROUGH PROGRAMS WHICH MAY INCLUDE  WORKSHOPS,
 SEMINARS, DISCUSSION GROUPS, AND FILM PRESENTATIONS, IN ORDER TO DISSEM-
 INATE  INFORMATION  ABOUT  FREE  SPEECH,  PROMOTE  DISCUSSION, ENCOURAGE
 REPORTING OF VIOLATIONS OF FREE SPEECH,  AND  FACILITATE  PREVENTION  OF
 SUCH  VIOLATIONS. SUCH INFORMATION SHALL INCLUDE, BUT NOT BE LIMITED TO,
 THE:
   (A) POLICY ADOPTED ON FREE SPEECH;
   (B) PENALTIES FOR VIOLATIONS OF FREE SPEECH; AND
   (C) PROCEDURES IN EFFECT AT THE COLLEGE OR UNIVERSITY FOR DEALING WITH
 VIOLATIONS OF FREE SPEECH.
   4. A PERSON WHOSE EXPRESSIVE RIGHTS ARE INFRINGED UPON BY A  VIOLATION
 OF  THIS  SECTION  OR  THE  POLICY ADOPTED UNDER SUBDIVISION ONE OF THIS
 SECTION MAY BRING AN ACTION IN A  COURT  OF  COMPETENT  JURISDICTION  TO
 ENJOIN  A VIOLATION OF THIS SECTION AND TO RECOVER COMPENSATORY DAMAGES,
 COURT COSTS, AND ATTORNEY'S FEES.
   5. WITHIN ONE YEAR OF THE ADOPTION OF THE POLICY PURSUANT TO  SUBDIVI-
 SION  ONE  OF  THIS  SECTION  AND ANNUALLY THEREAFTER, THE REGENTS SHALL
 ISSUE A REPORT TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, THE  TEMPO-
 RARY PRESIDENT OF THE SENATE, THE MINORITY LEADER OF THE SENATE, AND THE
 MINORITY  LEADER  OF  THE  ASSEMBLY  CONCERNING THE EFFECTIVENESS OF THE
 POLICY ON FREE SPEECH, NUMBER OF VIOLATIONS, DISCIPLINARY PROCEDURES AND
 OUTCOMES OF REPORTED VIOLATIONS AND ANY OTHER RELEVANT  INFORMATION  THE
 REGENTS DEEM NECESSARY.
   § 4. This act shall take effect immediately.