Higher Education (Utah Board of)

Administration

Rule 800: Free Expression on Campus

Effective Date: 09/01/2026

Admin. Code Reference: R765-800

Rule Type: Current Rule

NOTICE OF SUBSTANTIVE CHANGE

TYPE OF FILING: Amendment

Filing ID: 58097

Rule or section number:

R765-800

1. Agency Information

Title catchline:

Higher Education (Utah Board of), Administration

Building:

Utah Board of Higher Education Building, The Gateway

Street address:

60 S 400 W

City, state:

Salt Lake City, UT 84101

2. Contact Persons

Name:

Phone:

Email:

Hilary Renshaw

801-646-4784

Hilary.renshaw@ushe.edu

Alison Adams

801-646-4784

Alison.adams@ushe.edu

Geoffrey T. Landward

801-646-4784

Glandward@ushe.edu

Please address questions regarding information on this notice to the persons listed above.

3. General Information

A. Rule or section catchline:

R765-800. Free Expression on Campus

B. Purpose of the new rule or reason for the change:

This filing amends Rule R765-800 based on updated Utah System of Higher Education (USHE) institutional policies incorporated by reference into this rule.

The changes to this rule focus on updating the list of USHE institution policies incorporated in this rule to reflect any necessary changes made to those policies since the last amendment to Rule R765-800.

C. Summary of the new rule or change:

The amendments to Rule R765-800 update statutory citations based on SB 1001, passed in the 2025 Special Session.

The changes also update the titles and dates of certain institutional policies incorporated in this rule and incorporate other policies that relate to student disciplinary processes at institutions of higher education within the USHE.

4. Legislative Action Information

A. Are any changes in this filing because of state legislative action?

Changes are because of legislative action.

B. If yes, any bill number and session:

SB 1001 (2025 Special Session)

5. Fiscal Information

Provide an estimate and written explanation of the aggregate anticipated cost or savings to:

A. State budget:

The amendments to Rule R765-800 will not have any fiscal impact on the state budget.

There is no fiscal impact on the state budget because this rule relates only to free expression processes within the USHE.

This rule contains no provisions related to funding, appropriations, or budgets.

The changes made to this rule relate primarily to ensuring correct incorporation of various institutions' policies related to free expression and the incorporation of those documents will have no relation to, or impact on, the state budget.

B. Local governments:

The amendments to Rule R765-800 will not have any fiscal impact on local governments.

There is no fiscal impact on local governments because this rule relates only to free expression processes within the USHE.

This rule contains no provisions related to funding, appropriations, or budgets.

C. Small businesses ("small business" means a business employing 1-49 persons):

The amendments to Rule R765-800 will not have any fiscal impact on small businesses.

There is no fiscal impact on small businesses because this rule relates only to free expression processes within the USHE.

This rule contains no provisions related to funding, appropriations, or budgets.

D. Non-small businesses ("non-small business" means a business employing 50 or more persons):

The amendments to Rule R765-800 will not have any fiscal impact on non-small businesses.

There is no fiscal impact on non-small businesses because this rule relates only to free expression processes within the USHE.

This rule contains no provisions related to funding, appropriations, or budgets.

E. Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency):

The amendments to Rule R765-800 will not have any fiscal impact on persons other than small businesses, non-small businesses, state, or local government entities.

There is no fiscal impact on persons other than small businesses, non-small businesses, state, or local government entities because this rule relates only to free expression processes within the USHE.

This rule contains no provisions related to funding, appropriations, or budgets.

F. Compliance costs for affected persons:

The amendments to Rule R765-800 will not impose any compliance costs on affected persons.

There are no compliance costs because this rule provides procedures for administering student disciplinary proceedings and the changes made to the provisions of this rule, which mainly focus on updating the incorporation of institutional policies related to free expression, do not create any such compliance costs.

6. Regulatory Impact Summary Table

Enter the cost or savings in the relevant cell. If there is no cost or savings, enter, "$0." If a cost or savings is inestimable, enter, "inestimable."

Fiscal Cost

FY2027

FY2028

FY2029

FY2030

FY2031

State Budget

Local Governments

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Cost

Fiscal Benefits

FY2027

FY2028

FY2029

FY2030

FY2031

State Budget

Local Governments

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Benefits

Net Fiscal Benefits

7. Regulatory Impact Analysis Approval

The Commissioner of the Utah System of Higher Education, Geoffrey Landward, has reviewed and approved this regulatory impact analysis.

8. Family Impact Information

A. The agency has considered this rule's impact on family health, stability, and formation:

☒

9. Citation Information

Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:

Section 53H-7-302

10. Incorporation by Reference Information

Incorporation by Reference (if this rule incorporates more than two items by reference, please include additional tables):

A. This rule adds or updates the following title of material incorporated by reference (a copy of the material incorporated by reference must be submitted to the Office of Administrative Rules. If none, leave blank):

Official Title of Materials Incorporated (from title page)

Policy 2105, Free Expression and Assembly

Publisher

Utah State University

Issue Date

October 28, 2025

B. This rule adds or updates the following title of material incorporated by reference (a copy of the material incorporated by reference must be submitted to the Office of Administrative Rules. If none, leave blank):

Official Title of Materials Incorporated (from title page)

PPM 6-22, Student Code

Publisher

Weber State University

Issue Date

May 16, 2023

C. This rule adds or updates the following title of material incorporated by reference (a copy of the material incorporated by reference must be submitted to the Office of Administrative Rules. If none, leave blank):

Official Title of Materials Incorporated (from title page)

PPM 5-38, Use of Facilities for Events

Publisher

Weber State University

Issue Date

February 2, 2023

D. This rule adds or updates the following title of material incorporated by reference (a copy of the material incorporated by reference must be submitted to the Office of Administrative Rules. If none, leave blank):

Official Title of Materials Incorporated (from title page)

PPM 7-10, Posting and Distribution of Written Materials on Campus

Publisher

Weber State University

Issue Date

October 3, 2017

E. This rule adds or updates the following title of material incorporated by reference (a copy of the material incorporated by reference must be submitted to the Office of Administrative Rules. If none, leave blank):

Official Title of Materials Incorporated (from title page)

Policy 1-007, University Speech Policy

Publisher

University of Utah

Issue Date

August 15, 2023

F. This rule adds or updates the following title of material incorporated by reference (a copy of the material incorporated by reference must be submitted to the Office of Administrative Rules. If none, leave blank):

Official Title of Materials Incorporated (from title page)

Policy 161, Freedom of Speech

Publisher

Utah Valley University

Issue Date

May 8, 2025

G. This rule adds or updates the following title of material incorporated by reference (a copy of the material incorporated by reference must be submitted to the Office of Administrative Rules. If none, leave blank):

Official Title of Materials Incorporated (from title page)

Student Rights and Responsibilities

Publisher

Snow College

Issue Date

2025-2026

H. This rule adds or updates the following title of material incorporated by reference (a copy of the material incorporated by reference must be submitted to the Office of Administrative Rules. If none, leave blank):

Official Title of Materials Incorporated (from title page)

Policy 125, Free Speech

Publisher

Snow College

Issue Date

December 8, 2017

I. This rule adds or updates the following title of material incorporated by reference (a copy of the material incorporated by reference must be submitted to the Office of Administrative Rules. If none, leave blank):

Official Title of Materials Incorporated (from title page)

Free Speech and Expression on Campus

Publisher

Southern Utah University

Issue Date

December 13, 2024

J. This rule adds or updates the following title of material incorporated by reference (a copy of the material incorporated by reference must be submitted to the Office of Administrative Rules. If none, leave blank):

Official Title of Materials Incorporated (from title page)

Policy 110, Free Speech and Assembly

Publisher

Utah Tech University

Issue Date

July 15, 2025

K. This rule adds or updates the following title of material incorporated by reference (a copy of the material incorporated by reference must be submitted to the Office of Administrative Rules. If none, leave blank):

Official Title of Materials Incorporated (from title page)

Policy 552, Student Conduct Code

Publisher

Utah Tech University

Issue Date

March 5, 2026

L. This rule adds or updates the following title of material incorporated by reference (a copy of the material incorporated by reference must be submitted to the Office of Administrative Rules. If none, leave blank):

Official Title of Materials Incorporated (from title page)

Policy 8.1.040, Campus Speech

Publisher

Salt Lake Community College

Issue Date

August 1, 2018

M. This rule adds or updates the following title of material incorporated by reference (a copy of the material incorporated by reference must be submitted to the Office of Administrative Rules. If none, leave blank):

Official Title of Materials Incorporated (from title page)

Free Expression on Campus Policy

Publisher

Davis Technical College

Issue Date

September 25, 2025

N. This rule adds or updates the following title of material incorporated by reference (a copy of the material incorporated by reference must be submitted to the Office of Administrative Rules. If none, leave blank):

Official Title of Materials Incorporated (from title page)

Student Free Expression Rule

Publisher

Dixie Technical College

Issue Date

September 24, 2019

O. This rule adds or updates the following title of material incorporated by reference (a copy of the material incorporated by reference must be submitted to the Office of Administrative Rules. If none, leave blank):

Official Title of Materials Incorporated (from title page)

Policy 500.551, Free Expression

Publisher

Mountainland Technical College

Issue Date

December 21, 2022

P. This rule adds or updates the following title of material incorporated by reference (a copy of the material incorporated by reference must be submitted to the Office of Administrative Rules. If none, leave blank):

Official Title of Materials Incorporated (from title page)

Policy 500.2, Free Expression on Campus

Publisher

Ogden-Weber Technical College

Issue Date

June 7, 2023

Q. This rule adds or updates the following title of material incorporated by reference (a copy of the material incorporated by reference must be submitted to the Office of Administrative Rules. If none, leave blank):

Official Title of Materials Incorporated (from title page)

Grievance Policy

Publisher

Southwest Technical College

Issue Date

May 2, 2024

R. This rule adds or updates the following title of material incorporated by reference (a copy of the material incorporated by reference must be submitted to the Office of Administrative Rules. If none, leave blank):

Official Title of Materials Incorporated (from title page)

Student Code of Conduct Policy

Publisher

Southwest Technical College

Issue Date

September 11, 2025

S. This rule adds or updates the following title of material incorporated by reference (a copy of the material incorporated by reference must be submitted to the Office of Administrative Rules. If none, leave blank):

Official Title of Materials Incorporated (from title page)

Title IX Policy

Publisher

Southwest Technical College

Issue Date

January 15, 2026

11. Public Notice Information

The public may submit written or oral comments to the agency identified in box 1.

A. Comments will be accepted until:

08/14/2026

12. Effective Date Information

This rule change MAY become effective on:

(NOTE: This is the date the agency anticipates making the filing effective. It is NOT the effective date)

08/21/2026

13. Agency Authorization Information

Agency head or

designee and title:

Alison Adams, Board Secretary and

Designee

Date:

06/29/2026

R765. Higher Education (Utah Board of), Administration.

R765-800. Free Expression on Campus.

R765-800-1. Purpose.

In accordance with Title 53[B]H, Chapter [2]7, Part 3, Student Civil Liberties Protection Act, the rule establishes general rights to

expression on campus as established by law and recognizes narrow limits on speech, including time, place, and manner restrictions.

R780-800-2. Authority.

This rule is authorized by Section 53[B]H-[2]7-302.

R780-800-3. Definitions.

(1) "Free Expression" means all forms of verbal, written, or symbolic communication, including peaceful assembly, protests, speaking verbally, holding signs, circulating petitions, and distributing written materials.

(2) "Free expression" does not include speech or conduct that is not recognized as protected by the First Amendment to the U.S. Constitution and Article 1, Section 15 of the Utah Constitution, including speech or conduct that is a true threat, fraudulent, harassment, obscene, defamatory, or otherwise unlawful.

R780-800-4. General Rights of Free Expression on Campus.

(1) Each institution shall uphold and promote free expression on campus. Except as limited by regulations consistent with the law and this rule, the following [rules]principles shall apply:

(a) each student and member of the faculty and staff shall have the right to express views and ideas, and shall be free to criticize, contest, and condemn views expressed on campus and

(b) no student or member of the faculty and staff may obstruct, disrupt, suppress or otherwise interfere with the freedom of others to express views and ideas.

(2) Each institution's outdoor areas are public forums.

(3) Subject to Section R765-800-5, an institution may not prohibit:

(a) a member of the institution's community or the public from spontaneously and contemporaneously assembling in an outdoor area of the institution's campus; or

(b) a person from freely engaging in noncommercial expressive activity in an outdoor area of the institution's campus if the person's conduct is lawful.

R765-800-5. Time, Place and Manner Restrictions.

(1) An institution may reasonably regulate the time, place, and manner of free expression to ensure that it does not disrupt the institution's ordinary activities. This restriction includes established procedures for engaging in organized speech activities, such as protest marches or invited speakers.

(2) These exceptions to the principle of freedom of expression must be viewpoint neutral, generally content neutral, narrowly tailored, and leave ample opportunity for alternative means for expression. Institutions may not use these exceptions in a manner that is inconsistent with the institution's[''] commitment to free and open discussion of ideas.

R780-800-6. Incorporation of Institution Policies.

(1) The following institutions have adopted the following policies that are incorporated by reference within this rule[, including any

amendments]:

(a) Utah State University's [Student Code Article III, April 10, 2009]Policy 2105: Free Expression and Assembly, October 28, 2025;

(b) Weber State University's:

(i) PPM 6-22, Student Code, [September 13, 2018]May 16, 2023;

(ii) PPM [5-37, Campus Facilities Use, December 4, 2012]5-38, Use of Facilities for Events, February 2, 2023; and

(iii) PPM 7-10, Posting and Distribution of Written Materials on Campus, October 3, 2017;

(d) Utah Valley University's[:

(i) ] Policy 161 Freedom of Speech, [June 22, 2017]May 8, 2025;

[(ii) 162 Sexual Misconduct, June 18, 2019; and

(iii) 165 Discrimination, Harassment, and Affirmative Action, June 18, 2019;]

(e) Snow College's:

(i) Student Rights and Responsibilities, [May 31, 2019]2025-2026; and

(ii) Policy 125, [Snow College ]Free Speech[ Policy], December 8, 2017;

(f) Southern Utah University's[:] Policy 5.1, Free Speech and [Advocacy]Expression on Campus, [May 3, 2018]December 13, 2024;

(g) [Dixie State ]Utah Tech University's:

(i) Policy 110, Free Speech and Assembly, [March 5, 2018]July 15, 2025; and

(ii) Policy 552, Student [Rights and Responsibilities]Conduct Code, [April 28, 2017]March 5, 2026;

(h) Salt Lake Community College's Policy 8.1.040, Campus Speech[ 3-2.03. (08/01/2018)], August 1, 2018;

(i) Davis Technical College's Free Expression on Campus Policy, [7/30/2019]September 25, 2025;

(j) Dixie Technical College's Student Free Expression Rule, [9/24/2019]September 24, 2019;

(k) Mountainland Technical College's Policy 500.551, Free Expression, [500.590, effective 7.23.19]December 21, 2022;[:]

(l) Ogden-Weber Technical College's Policy 500.2, Free Expression on Campus[ 500.2], [approved on July 25, 2019]June 7, 2023; and

(m) Southwest Technical College's:

(i) Grievance Policy, [July 29, 2019]May 2, 2024;

(ii) Student Code of Conduct Policy, [July 29, 2019]September 11, 2025; and

(iii) [Harassment, Nondiscrimination and Equal Opportunity, July 29, 2019]Title IX Policy, January 15, 2026.

KEY: civil liberties, free speech

Date of Last Change: 2026[January 20, 2022]

Notice of Continuation: December 23, 2024

Authorizing, and Implemented or Interpreted Law: [53B-27-302]53H-7-302

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