Section 173.1556

Title XI EDUCATION AND LIBRARIES

Chapter 173

Effective - 28 Aug 2025, see footnote   

  173.1556.  Belief-based student associations, no adverse action — grievance procedure — exception. — 1.  (1)  No public institution of higher learning shall take any adverse action against a belief-based student association or an applicant to be recognized as such:

  (a)  Because such association is political, ideological, or religious;

  (b)  On the basis of such association's viewpoint or expression of the viewpoint by the association or the association's members; or

  (c)  Based on such association's requirement that the association's leaders be committed to furthering the association's mission or that the association's leaders adhere to the association's sincerely held beliefs, sincere practice requirements, or sincere standards of conduct.

  (2)  Leaders referred to in paragraph (c) of subdivision (1) of this subsection shall include, but not be limited to, any person who holds a position within the association that authorizes such person to participate in the leadership or governance of the association or in establishing criteria for the association's leadership or governance.

  (3)  The mission, beliefs, practice requirements, and standards of conduct referred to in paragraph (c) of subdivision (1) of this subsection shall be interpreted as defined by the association.

  2.  Any belief-based student association or applicant to be recognized as such that has been aggrieved as a result of a violation or threatened violation of subsection 1 of this section may assert that violation or threatened violation as a claim or defense in a judicial proceeding or in an administrative proceeding involving the public institution of higher learning and obtain appropriate relief.

  3.  The provisions of this section shall not apply to a belief-based student association if there is substantial evidence that such association's viewpoint or expression of the viewpoint by the association or the association's members would cause a material and substantial disruption to the educational environment or interfere with the rights of others on campus, in accordance with the United States Supreme Court's decision in Healy v. James, 408 U.S. 169 (1972).

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(L. 2025 S.B. 160)