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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
unauthorized encampments; higher education institutions
Purpose
Prohibits an individual from establishing or occupying an encampment on the campus of a university or community college and outlines requirements for enforcement and penalties for violators.
Background
A university or community college may not restrict a student's right to speak, including verbal speech, holding a sign or distributing fliers or other materials, in a public forum, on any area of campus where free speech may be exercised by a person who is lawfully present, but may impose reasonable time, place and manner restrictions if the restrictions: 1) are reasonable; 2) are justified without reference to the content of the regulated speech; 3) are necessary to achieve a compelling governmental interest; 4) are the least restrictive means to further that compelling government interest; 5) leave open ample alternative channels for communication of the information; and 6) allow spontaneous assembly and distribution of literature (A.R.S. §§ 15-1864 and 15-1865).
The Arizona Board of Regents (ABOR) and each community college district governing board must develop and adopt a policy on free expression that contains a statement specifying that students and faculty members may assemble and engage in spontaneous expressive activities if those activities are not unlawful and do not materially and substantially disrupt the functioning of the university or community college. Universities and community colleges may restrict student expression only for expressive activity that is not protected by the first amendment of the U.S. Constitution, including: 1) a violation of state or federal law; 2) an expression that a court has deemed unprotected defamation; 3) harassment; 4) a true threat; 5) an unjustifiable invasion of privacy or confidentiality that does not involve a matter of public concern; or 6) an action that unlawfully disrupts the function of the university or community college (A.R.S. § 15-886).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits an individual from establishing or occupying an encampment on the campus of a university or community college.
2. Allows a university or college to restrict student expression for a violation of the prohibition.
3. Directs, if an individual or group of individuals violates the prohibition, an administrator of the university or community college to:
a) direct the individual or group of individuals to immediately dismantle the encampment and vacate the campus;
b) advise the individual or group of individuals that any individual who fails to comply with the direction to leave is guilty of criminal trespass;
c) if the individual or group of individuals refuses to comply, initiate legal action, including reporting the trespass to a local law enforcement agency, to have the individual or group of individuals removed from campus; and
d) initiate disciplinary action against any student who refuses to comply with the direction to leave pursuant to the university's or community college's student code of conduct.
4. Stipulates that any individual who establishes or occupies an encampment in violation of the prohibition is both:
a) not lawfully present on the university's or community college's campus for the purposes of free speech or a student's right to speak in a public forum; and
b) liable for all damages that the individual causes, including the direct and indirect costs of:
i. removing the established or occupied encampment and restoring the campus; and
ii. repairing any destruction, defacement or alteration of the university or community college property, including buildings, grounds, equipment and resources, that resulted from the individual's intentional or negligent conduct relating to the encampment.
5. Requires a law enforcement agency, peace officer or member of the university's or community college's campus security to enforce the prohibition.
6. Grants a law enforcement agency, peace officer or member of the university's or community college's campus security the authority to remove an encampment and any individual or group of individuals from the campus that has violated the prohibition and refuses to comply with the direction to leave.
7. Requires each university under the jurisdiction of ABOR to comply with the ABOR's Student Code of Conduct.
8. Defines an encampment as a temporary shelter, including tents, that is installed on the campus of a university or community college and that is used to stay on the campus overnight or for a prolonged period of time.
9. Makes technical changes.
10. Becomes effective on the general effective date.
House Action
ED 2/18/25 DP 9-0-3-0
3rd Read 3/3/25 41-17-2
Prepared by Senate Research
March 17, 2025
KJA/AG/mg