HF 444

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to higher education; limiting student 
  1.3             disciplinary sanctions related to speech; providing a 
  1.4             civil action for a student so sanctioned; proposing 
  1.5             coding for new law in Minnesota Statutes, chapter 135A.
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [135A.51] [STUDENT DISCIPLINE FOR SPEECH OR 
  1.8   COMMUNICATION.] 
  1.9      The regents of the University of Minnesota, the higher 
  1.10  education board, and any institution under the jurisdiction of 
  1.11  either of these boards shall not impose a prior restraint of 
  1.12  speech or subject a student to disciplinary action solely on the 
  1.13  basis of conduct that is speech or other communication which, if 
  1.14  engaged in away from a campus, is protected by the United States 
  1.15  Constitution or the Minnesota Constitution from government 
  1.16  restriction based on content. 
  1.17     A student aggrieved by a violation of this section may 
  1.18  bring a civil action for injunctive and declaratory relief.  The 
  1.19  court may award attorney fees and costs to a prevailing 
  1.20  plaintiff in a civil action under this section. 
  1.21     This section does not prohibit a board or institution 
  1.22  governed by this section from adopting and enforcing rules 
  1.23  consistent with section 609.2231, subdivision 4.