SB1153 - 472R - House Bill Summary

House of Representatives

SB 1153

postsecondary institutions; religious organizations; equality

Sponsors: Senators Gray L, Bee, Harper, et al.

DP	Committee on Universities, Community Colleges and Technology
DP	Caucus and COW
dp	As Engrossed and As Passed the House
X	As Transmitted to the Governor

SB 1153 establishes the Associational Freedom in Higher Learning Act that prohibits any public postsecondary institution from denying recognition, access, rights, benefits or privileges to a student organization on the basis that the organization advocates religious, political or philosophical beliefs or limits its membership or leadership to students who share the same religious, political or philosophical beliefs.

History

Consisting of ten gubernatorially-appointed members and the Governor and Superintendent of Public Instruction as ex-officio members, the Arizona Board of Regents (ABOR) provides administration, direction, governance and control of the three public universities in this state: the University of Arizona, Northern Arizona University and Arizona State University.

The ABOR adopted a Policy Manual for use by the three public universities and includes a chapter on Campus and Student Affairs (Chapter V), containing a code of conduct for both individuals and student organizations.

ABOR Rule 5-301 A (1) states:

The Arizona Board of Regents is charged by law to exercise control and supervision of the three state universities, their properties and activities, and is authorized to enact ordinances for the government of the institutions under its jurisdiction. The Board is further required by law to adopt rules and regulations for the maintenance of public order upon all university property under its jurisdiction. The Board has promulgated this Code of Conduct (ABOR Policy 5-301, et seq.) in order to meet its responsibilities under Arizona Law.

ABOR Rule 5-301 B (2) states:

Acceptance of membership in the university community amounts to neither a surrender of those individual rights accorded to all citizens of this country nor a means for escaping the attendant fundamental responsibilities of that citizenship. Membership in the university community brings rights as well as responsibilities. This Code of Conduct shall be implemented by the adoption of sets of procedural rules appropriate for the various segments of the university community, which shall provide for the full protection of individual rights and freedoms.

ABOR Rule 5-307 (F) prohibits engaging in discriminatory activities, whether unlawful or whether prohibited by university policy, on the basis of age, ethnicity, gender, disability, color, national origin, race, religion, sexual orientation or veteran status.

Provisions

· Establishes the Associational Freedom in Higher Learning Act that prohibits any public postsecondary institution from denying recognition, access, rights, benefits or privileges to a student organization on the basis that the organization advocates religious, political or philosophical beliefs or limits its membership or leadership to students who share the same religious, political or philosophical beliefs.

· States that this section shall not be construed to require a public postsecondary institutions to:

· Recognize an organization that engages in discrimination on the basis of race, color, national origin, sex citizenship, age, veteran status or disability.

· Recognize an organization that disseminates messages or materials that are obscene, defamatory, fraudulent or comprise fighting words.

· Defines the terms public postsecondary institution, recognition and student organization.

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Forty-seventh Legislature