Southwestern Community College establishes this policy to comply with the laws of the state of Iowa, and to protect speech and expression as a public institution of higher education.
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. To fulfill this function, the institution must strive to ensure the fullest degree of intellectual freedom and free expression allowed under the First Amendment to the Constitution of the United States. This Policy is made and published by the College to prohibit intellectual restrictions and penalties based on protected speech, including political speech, to the fullest extent of the First Amendment of the United States Constitution.
It is not the proper role of an institution of higher education to shield individuals from speech protected by the First Amendment to the Constitution of the United States, which may include ideas and opinions the individual finds unwelcome, disagreeable, or even offensive.
It is the proper role of an institution of higher education to encourage diversity of thoughts, ideas, and opinions and to encourage, within the bounds of the First Amendment to the Constitution of the United States, the peaceful, respectful, and safe exercise of First Amendment rights.
Students and faculty have the freedom to discuss any problem that presents itself, assemble, and engage in spontaneous expressive activity on campus, within the bounds of established principles of the First amendment to the Constitution of the United States, and subject to reasonable time, place, and manner restrictions that are consistent with established First Amendment principles.
The outdoor areas of campus of an institution of higher education are public forums, open on the same terms to any invited speaker subject to reasonable time, place, and manner restrictions that are consistent with established principles of the First Amendment to the Constitution of the United States.
Annual training shall be provided to the College’s students, faculty, and staff on free speech and First Amendment protections.
"Campus Community" means students, administrators, faculty, and staff at a public institution of higher education and guests invited to a public institution of higher education by the institution’s students, administrators, faculty, or staff.
"Materially and substantially disrupts" means when a person, with the intent to or with knowledge of doing so, engages in violent or other disorderly conduct that significantly hinders a previously scheduled or reserved activity occurring on college grounds, buildings, and facilities. "Materially and substantially disrupts" does not include conduct that is protected under the first amendment to the Constitution of the United States.
"Outdoor areas of campus" means the generally accessible outside areas of campus where students, administrators, faculty, and staff at a public institution of higher education are commonly allowed, such as grassy areas, walkways, or other similar common areas. This does not include areas outside health care facilities, veterinary medicine facilities, facilities and outdoor areas used by the institution’s athletic program(s) or team(s), or other outdoor areas where access is restricted to a majority of the campus community.
"Student" means an individual who is admitted and enrolled on a full-time or part-time basis at a public institution of higher education.
"Student organization" means a group officially recognized at or officially registered by the college, or a group seeking such official recognition or official registration, comprised of students who are admitted and in attendance at the college and who receive, or are seeking to receive, student organization benefits or privileges through the college.
Public Forums On Campus
The outdoor areas of campus are deemed public forums. The college may maintain and enforce clear, published, reasonable viewpoint-neutral time, place, and manner restrictions that are narrowly tailored in furtherance of a significant institutional interest, but shall allow members of the campus to engage in spontaneous protected activities as defined above. If the college places restrictions, it shall provide ample alternative means of expression.
Except as provided in this policy, and subject to the reasonable time, place, and manner restrictions, the college shall not designate any area of campus a free-speech zone or otherwise create policies restricting expressive activities to a particular outdoor area of campus.
The campus community shall be freely permitted to engage in noncommercial expressive activity in outdoor areas of campus, subject to reasonable time, place, and manner restrictions, and as long as the member’s conduct is not unlawful, does not impede others’ access to a facility or use of walkways, and does not disrupt the functioning of the college. Noncommercial expressive protected activities include but are not limited to any lawful oral or written means by which members of the campus community may communicate ideas, including but limited to all forms of peaceful assembly, protests, speeches including invited speakers, distribution of literature, circulating petitions, and publishing, including publishing or streaming on an internet site, audio or video recorded in outdoor areas of campus.
Protected activities shall also include the right of student expression in a counter demonstration held in an outdoor area of campus, as long as the conduct at the counter demonstration is not unlawful, does not materially and substantially prohibit the free expression of others, or impede other’s access to a facility or use of walkways.
If any faculty member of the College is found to have knowingly restricted the protected speech of a student, or otherwise penalizes a student for protected speech or activities, under the Student Conduct Code or other applicable policies or procedures for student conduct, the faculty member is subject to discipline, up to and including termination under the applicable faculty policies, procedures, and Iowa law based on the totality of the facts.
In all instances, faculty and staff (including extracurricular coaches) may support a student’s First Amendment rights without fear of discipline by the College.
Nothing shall prevent the college from prohibiting, limiting, or restricting expression and/or expressive activity that is not otherwise protected by the Constitution of the United States. Non-protected activities include, but are not limited to the following:
- A threat of serious harm and expression directed or likely directed to provoke imminent unlawful actions; and
- Harassment, including but not limited to expression which is so severe, pervasive, and subjectively and objectively offensive that the expression unreasonably interferes with an individual’s access to educational opportunities or benefits provided by this College;
- Defamation, including libel and slander;
- Obscenity; or
- Inciting other to commit crimes or engage in unlawful conduct.
Nothing in this policy shall be construed to grant individuals the right to engage in conduct that intentionally, materially, and substantially disrupts the expressive activity of a person or student organization if the college has reserved space in an outdoor area of campus for the activity in accordance with this policy.
The college will not deny Benefits or privileges available to student organizations based on the viewpoint or expression of the viewpoint of a student organization or its members protected by the First Amendment to the Constitution of the United States. For purposes of this policy, Benefits means recognition, registration, use of facilities for meetings or speaking purposes, use of channels of communication, and access to funding sources otherwise available to other student groups.
In addition, the college shall not deny any Benefits or privileges to a student organization based on the organization’s requirement that its leaders agree to and support the organization’s beliefs as interpreted and applied by the organization, and to further the organization’s mission.
If a member of the campus community believes he or she has been aggrieved by a violation of this policy, the member may file a complaint or grievance with the college. Students are referred to the Formal Student Complaint Process outlined in the Student Handbook and found in Administrative Procedure SS52. Members of the faculty and/or staff should follow the Problem Resolution (Grievances) procedure outlined in the Employee Handbook and found in Administrative Procedure HR23. An invited guest should work in collaboration with the student, faculty, or staff member who invited them to campus and proceed through the grievance procedure appropriate to that individual (i.e., student, faculty, or staff member).
In the event the matter is not satisfactorily resolved through the appropriate grievance process, or otherwise as provided under Iowa law, the aggrieved member of the campus community may file a complaint with the governing body (the College Board) not later than one year after the day of the alleged policy violation.
Retaliation against any Member of the campus community who files such a complaint is prohibited, and any founded instance of founded retaliation is subject to discipline or other sanctions.