53H-7-402. Institution duties.
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Effective 10/14/2025
53H-7-402. Institution duties.
(1)An institution is in violation of this part if the institution:
(a)gains actual knowledge of discriminatory harassment in the institution's program or activity; and
(b)acts with deliberate indifference to the discriminatory harassment.
(a)An institution may not sanction or discipline, as discriminatory harassment, student-on-student speech that does not constitute discriminatory harassment.
(b)An institution is not liable under this part for failing to sanction or discipline a student who communicates student-on-student speech that is not discriminatory harassment.
(3)Nothing in this part prevents an institution from sanctioning or disciplining student-on-student speech that is otherwise not protected under the First Amendment to the United States Constitution.
(4)Nothing in this part prevents an institution from responding to student-on-student speech that is not discriminatory harassment by taking nonpunitive actions designed to promote a welcoming, inclusive environment.
(5)Nothing in this part prevents an institution from maintaining policies prohibiting stalking or other criminal activity.
Renumbered and Amended by Chapter 8 , 2025 Special Session 1