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SECOND REGULAR SESSION
SENATE BILL NO. 1800
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR SCHROER.
7465S.01I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 173, RSMo, by adding thereto one new section relating to expressive activity at
postsecondary educational institutions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 173, RSMo, is amended by adding thereto 1
one new section, to be known as section 173.1558, to read as 2
follows:3
173.1558. 1. As used in this section, the following 1
terms mean: 2
(1) "Campus", the physical facilities and grounds of a 3
postsecondary educational institution; 4
(2) "Materially and substantially disruptive conduct", 5
behavior that occurs when a person intentionally engages in 6
conduct which such person knows or reasonably should know 7
would significantly hinder another person's or group's 8
expressive activity, prevent the communication of the 9
person's or group's message, or prevent the transaction of 10
the business of a lawful meeting, gathering, or procession, 11
including by: 12
(a) Engaging in fighting, violent, or other unlawful 13
behavior; 14
(b) Damaging or defacing institutional, public, or 15
private property; 16
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(c) Physically blocking, using threats of violence, or 17
creating loud or sustained noise or vocalization intended to 18
prevent any person from attending, listening to, viewing, or 19
otherwise participating in a meeting, class, or other 20
activity; 21
(d) Occupying without institutional consent or 22
otherwise materially disrupting the ingress, egress, and use 23
of institutional facilities; 24
(e) Materially violating reasonable time, place, and 25
manner restrictions of the institution regarding expressive 26
activity; or 27
(f) Engaging in significant and prolonged harassment 28
of students, faculty, or visitors; 29
(3) "Postsecondary educational institution", any 30
approved Missouri public institution of postsecondary 31
education, as defined in subdivision (3) of subsection 1 of 32
section 173.1102; 33
(4) "State student financial aid", state funds for any 34
grants or scholarships administered under the authority of 35
the coordinating board for higher education; 36
(5) "Student", any person who is enrolled as a student 37
in courses for academic credit on a full-time, part-time, 38
temporary, or intermittent basis in a postsecondary 39
educational institution. 40
2. (1) Every student of a postsecondary educational 41
institution who receives state student financial aid shall 42
be deemed by such receipt to have agreed to observe the 43
rules and regulations promulgated by the governing authority 44
of the postsecondary educational institution. 45
(2) Subject to administrative review and hearing 46
procedures pursuant to subsection 3 of this section, any 47
student who receives state student financial aid in 48
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connection with his or her matriculation at a postsecondary 49
educational institution and who, while on the campus of the 50
postsecondary educational institution, engages in materially 51
and substantially disruptive conduct and is convicted of a 52
criminal offense or found by the institution to have 53
violated any code of conduct as a result of such disruptive 54
behavior shall be ineligible for state student financial aid 55
for a period not to exceed the ensuing two academic years. 56
3. (1) Each postsecondary educational institution 57
shall refer to the coordinating board for higher education 58
for final administrative determination in the case of any 59
student found to have violated the provisions of subsection 60
2 of this section. 61
(2) Administrative review and hearing procedures for 62
the implementation of this section shall be promulgated by 63
the coordinating board for higher education. 64
(3) Such procedures shall include those elements of 65
due process of law required by the Constitution of Missouri 66
and the United States Constitution. 67
(4) Nothing in this section shall prevent the 68
immediate suspension from campus of any student whose 69
activities materially disrupt the educational and 70
administrative operations of the institution. 71
4. Nothing in this section shall be construed to 72
prohibit any postsecondary educational institution from 73
taking disciplinary or other action against a student or 74
group of students, or from suspending or refusing to grant 75
scholarships, loans, fellowships, grants-in-aid, or any 76
other financial aid given or guaranteed by the state for 77
academic assistance to any individual, because of any other 78
misconduct. 79
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5. (1) Each postsecondary educational institution 80
shall adopt a policy detailing students' rights and 81
responsibilities regarding expressive activities at the 82
institution. 83
(2) The policy shall: 84
(a) Allow: 85
a. Students enrolled at and employees of the 86
institution to, subject to reasonable restrictions, engage 87
in expressive activities on campus, including by responding 88
to the expressive activities of others; and 89
b. Student organizations and faculty to invite 90
speakers to speak on campus; 91
(b) Prohibit: 92
a. Using a device to amplify sound while engaging in 93
expressive activities on campus during class hours; 94
b. During the last two weeks of a semester or term, 95
engaging in expressive activities: 96
(i) In the common outdoor areas of the institution's 97
campus in a manner that materially and substantially 98
disrupts the functioning of the institution; 99
(ii) By inviting speakers to speak on campus; 100
(iii) By using a device to amplify sound; or 101
(iv) By using drums or other percussive instruments; 102
c. Camping or erecting tents or other living 103
accommodations on campus; 104
d. Wearing a mask, facial covering, disguise, or other 105
means of concealing a person's identity while engaging in 106
expressive activities on campus with the intent to: 107
(i) Obstruct the enforcement of the institution's 108
rules or the law by avoiding identification; 109
(ii) Intimidate others; or 110
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(iii) Interfere with an institution employee's or a 111
peace officer's lawful performance of a duty; 112
e. Lowering the institution's flag of the United 113
States or of this state with the intent to raise the flag of 114
another nation or a flag representing an organization or 115
group of people; and 116
f. Engaging in expressive activities on campus between 117
the hours of 10 p.m. and 8 a.m.; 118
(c) Establish disciplinary sanctions for students, 119
student organizations, or employees who unduly interfere 120
with the expressive activities of others on campus or 121
violate an institution policy or state law; 122
(d) Include a grievance procedure for addressing 123
complaints of a violation of this section; 124
(e) Require students enrolled at or employees of the 125
institution to present proof of identity and status at the 126
institution on request by a peace officer on the 127
institution's campus engaging in an official duty; 128
(f) Be approved by a majority vote of the 129
institution's governing board before final adoption; and 130
(g) Be posted on the institution's internet website. 131
6. Nothing in this section limits the authority of a 132
postsecondary educational institution to adopt rules 133
differentiating between the rights of students and employees 134
to engage in expressive activities on campus and those of 135
persons not affiliated with the institution. 136
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