LD 1264
pg. 1
LD 1264 Title Page An Act to Ensure Freedom of Speech and Association on Campus Page 2 of 2
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LR 1495
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 20-A MRSA §10006 is enacted to read:

 
§10006.__Protection of student speech and association rights

 
1.__Definitions.__As used in this section, unless the context
otherwise indicates, the following terms have the following
meanings.

 
A.__"Institution" means any postsecondary institution
incorporated or chartered under the laws of this State.

 
B.__"Official sanction" means expulsion, suspension,
probation, censure, condemnation, reprimand, coercion,
intimidation, harassment or any other actual or threatened
adverse action or sanction taken or threatened to be taken
by an institution.__It includes oral or written warnings,
threats or harassment made by any official of an institution
when that official is acting in an official capacity for an
institution.

 
C.__"Protected association" means the joining, assembling or
residing with others in activities that are protected or
guaranteed under the United States Constitution, Amendments
I and XIV and under the Constitution of Maine.

 
D.__"Protected speech" means speech that is protected or
guaranteed under the United States Constitution, Amendments
I and XIV and under the Constitution of Maine.

 
2.__Protection of rights.__A student attending an institution
on a full-time or part-time basis may not, on the basis of
participation in protected speech or protected association, be
excluded from participation in, denied the benefits of, subjected
to harassment, discrimination or intimidation in or denied any
rights officially or unofficially sanctioned under any education
program, activity, division or function of the institution,
whether or not the education program, activity, division or
function is sponsored or officially sanctioned by the
institution.

 
3.__Construction.__Nothing in this section may be construed
to:

 
A.__Discourage or prevent the imposition of official
sanction on a student who has willfully participated in the
disruption of a lecture, class, speech, presentation,
performance, activity or function made or officially
scheduled to be made under the auspices of an institution;
or


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