Effective: July 21, 2022
Latest Legislation: Senate Bill 135 - 134th General Assembly
(A) As used in this section:
(1) "Constitutional time, place, and manner restrictions" means restrictions on the time, place, and manner of free speech that do not violate the First Amendment to the United States Constitution or Article I, Sections 3 and 11 of the Ohio Constitution that are reasonable, content- and viewpoint-neutral, narrowly tailored to satisfy a significant institutional interest, and leave open ample alternative channels for the communication of the information or message to its intended audience.
(2) "Faculty" or "faculty member" means any person, whether or not the person is compensated by a state institution of higher education, and regardless of political affiliation, who is tasked with providing scholarship, academic research, or teaching. For purposes of this part, the term "faculty" includes tenured and nontenured professors, adjunct professors, visiting professors, lecturers, graduate student instructors, and those in comparable positions, however titled. For purposes of this section, the term "faculty" does not include persons whose primary responsibilities are administrative or managerial.
(3) "Free speech" means speech, expression, or assemblies protected by the First Amendment to the United States Constitution or Article I, Sections 3 and 11 of the Ohio Constitution, verbal or written, including, but not limited to, all forms of peaceful assembly, protests, demonstrations, rallies, vigils, marches, public speaking, distribution of printed materials, carrying signs, displays, or circulating petitions. "Free speech" does not include the promotion, sale, or distribution of any product or service.
(4) "State institution of higher education" has the same meaning as in section 3345.011 of the Revised Code.
(5) "Student" has the same meaning as in section 3345.0211 of the Revised Code, except that "student" also includes "student group."
(6) "Student group" has the same meaning as in section 3345.0211 of the Revised Code.
(B) In addition to complying with sections 3345.0212 to 3345.0214 of the Revised Code, each state institution of higher education board of trustees shall adopt a policy that affirms the following principles, which are the public policy of this state:
(1) Students have a fundamental constitutional right to free speech.
(2) A state institution of higher education shall be committed to giving students broad latitude to speak, write, listen, challenge, learn, and discuss any issue, subject to division (E) of this section.
(3) A state institution of higher education shall be committed to maintaining a campus as a marketplace of ideas for all students and all faculty in which the free exchange of ideas is not to be suppressed because the ideas put forth are thought by some or even by most members of the institution's community to be offensive, unwise, immoral, indecent, disagreeable, conservative, liberal, traditional, radical, or wrong-headed.
(4) It is for a state institution of higher education's individual students and faculty to make judgments about ideas for themselves, and to act on those judgments not by seeking to suppress free speech, but by openly and vigorously contesting the ideas that they oppose.
(5) It is not the proper role of a state institution of higher education to attempt to shield individuals from free speech, including ideas and opinions they find offensive, unwise, immoral, indecent, disagreeable, conservative, liberal, traditional, radical, or wrong-headed.
(6) Although a state institution of higher education should greatly value civility and mutual respect, concerns about civility and mutual respect shall never be used by an institution as a justification for closing off the discussion of ideas, however offensive, unwise, immoral, indecent, disagreeable, conservative, liberal, traditional, radical, or wrong-headed those ideas may be to some students or faculty.
(7) Although all students and all faculty are free to state their own views about and contest the views expressed on campus, and to state their own views about and contest speakers who are invited to express their views on the campus of a state institution of higher education, they may not substantially obstruct or otherwise substantially interfere with the freedom of others to express views they reject or even loathe. To this end, a state institution of higher education has a responsibility to promote a lively and fearless freedom of debate and deliberation and protect that freedom.
(8) A state institution of higher education shall be committed to providing an atmosphere that is most conducive to speculation, experimentation, and creation by all students and all faculty, who shall always remain free to inquire, to study and to evaluate, and to gain new understanding.
(9) The primary responsibility of faculty is to engage an honest, courageous, and persistent effort to search out and communicate the truth that lies in the areas of their competence.
(C) Each board of trustees shall establish a process under which a student, student group, or faculty member may submit a complaint about an alleged violation by an employee of the state institution of higher education of the policy established under this section, including any penalty imposed on a student's grade for an assignment or coursework that is unrelated to ordinary academic standards of substance and relevance, including any legitimate pedagogical concerns, and is instead based on the contents of student's free speech. The process shall comply with standards adopted by the chancellor of higher education.
Under the process, the state institution of higher education shall investigate the alleged violation and conduct a fair and impartial hearing regarding the alleged violation. If the hearing determines the state institution of higher education's policy was violated, the board of trustees shall determine a resolution to address the violation and prevent any further violation of the state institution of higher education's policy.
(D) Each state institution of higher education annually shall report to the chancellor, in a form and manner prescribed by the chancellor, both of the following regarding complaints submitted in the academic year under the process prescribed under division (C) of this section:
(1) The total number of submitted complaints;
(2) For each submitted complaint, a description of all of the following:
(a) The state institution's investigation regarding the complaint;
(b) The outcome of the hearing conducted by the state institution regarding the complaint;
(c) If the hearing determines the state institution's policy was violated, the resolution determined by the board of trustees to address that violation.
(E) Nothing contained in this section shall be construed as prohibiting a state institution of higher education from imposing measures that do not violate the First Amendment to the United States Constitution or Article I, Sections 3 and 11 of the Ohio Constitution such as:
(1) Constitutional time, place, and manner restrictions;
(2) Reasonable and viewpoint-neutral restrictions in nonpublic forums;
(3) Restricting the use of the state institution's property to protect the free speech rights of students and teachers and preserve the use of the property for the advancement of the institution's mission;
(4) Prohibiting or limiting speech, expression, or assemblies that are not protected by the First Amendment to the United States Constitution or Article I, Sections 3 and 11 of the Ohio Constitution;
(5) Content restrictions on speech that are reasonably related to a legitimate pedagogical purpose, such as classroom rules enacted by teachers.
(F) Nothing in this section shall be construed to grant students the right to disrupt previously scheduled or reserved activities occurring in a traditional public forum.
Last updated April 27, 2022 at 5:27 PM
Structure Ohio Revised Code
Title 33 | Education-Libraries
Chapter 3345 | State Universities - General Powers
Section 3345.01 | Tuition Charge for Nonresidents of Ohio.
Section 3345.011 | State University Definitions.
Section 3345.02 | Statement of Student Charges to Include List of Fees.
Section 3345.021 | Control of Use of College Facilities for Speaking Purposes.
Section 3345.022 | Group Legal Services Insurance Plan - Prepaid Legal Services Plan.
Section 3345.023 | Denial of Benefits to Religious Student Group Prohibited.
Section 3345.024 | Higher Education Costs and Postgraduate Outcomes Report.
Section 3345.025 | Textbook Selection Policy.
Section 3345.027 | Prohibition on Withholding Student Transcripts.
Section 3345.028 | Regular Coursework Additional Fee Prohibition.
Section 3345.0211 | Expressive Activities on Campus - Definitions, Supersession.
Section 3345.0212 | Noncommercial Expressive Activities on Campus.
Section 3345.0213 | Outdoor Campus Areas as Public Forums; No Free Speech Zones.
Section 3345.0215 | Campus Free Speech Policy.
Section 3345.03 | Audit of Accounts.
Section 3345.033 | Publication of Rules.
Section 3345.04 | State University Law Enforcement Officers.
Section 3345.06 | Entrance Requirements of High School Graduates - Core Curriculum.
Section 3345.061 | Sunset for State Operating Subsidies for Remedial Courses.
Section 3345.062 | University Remediation Report.
Section 3345.063 | Advanced Computer Science as Unit for Admission.
Section 3345.064 | In-State Resident Admissions at State Universities.
Section 3345.07 | Housing and Dining Facilities.
Section 3345.08 | Temporary Dwelling Accommodations.
Section 3345.09 | American Sign Language Recognized as Foreign Language - Courses.
Section 3345.10 | Competitive Bidding - Contracts for Printed Material.
Section 3345.11 | Auxiliary or Education Facilities.
Section 3345.12 | State University Additional Definitions - Issuance of Obligations.
Section 3345.122 | Immunity of Trustees From Civil Action.
Section 3345.13 | Duplication of Keys Prohibited.
Section 3345.15 | Attorney General to Be Attorney and Legal Advisor.
Section 3345.17 | Property Exempt From Taxation.
Section 3345.18 | Grant or Transfer of Lands by Boards of Trustees.
Section 3345.181 | Contracts or Leases to Mine Minerals.
Section 3345.19 | Anti-Hazing Policy.
Section 3345.201 | Purchase of Liability Insurance for Hospital Services.
Section 3345.202 | Board of Trustees May Provide Liability Insurance Coverage.
Section 3345.203 | Joint Self-Insurance Pool.
Section 3345.24 | Duty and Authority of College Administrators.
Section 3345.241 | Student Discipline Due Process Procedures.
Section 3345.25 | Dismissed or Suspended Person Not to Enter College Premises.
Section 3345.26 | Board of Trustees or President May Declare State of Emergency.
Section 3345.27 | Attendance by Senior Citizens.
Section 3345.28 | Faculty Improvement Program - Establishment and Administration.
Section 3345.29 | Office of Contract Compliance - Duties.
Section 3345.30 | Liability Insurance for Students.
Section 3345.31 | Boards of Trustees May Establish Compensation Plans.
Section 3345.311 | Excess Benefits Prohibited.
Section 3345.32 | Student Noncompliance With Selective Service Law.
Section 3345.33 | Removing Armed Forces Training Unit or Class.
Section 3345.34 | Student Trustee Not to Receive Special Treatment or Benefits.
Section 3345.35 | Course Evaluation Based on Enrollment and Duplication With Other Institutions.
Section 3345.351 | Review of Student Records for Associate Degree Eligibility.
Section 3345.36 | Establishment and Development of Entrepreneurial Projects.
Section 3345.37 | Policies Regarding Availability of Suicide Prevention Programs.
Section 3345.381 | Credit for Online Coursework.
Section 3345.39 | Report on Increased Auxiliary Fees.
Section 3345.40 | Limits on Damages for Wrongful Death or Injury to Person or Property.
Section 3345.41 | Warning Concerning Anabolic Steroids to Be Conspicuously Posted.
Section 3345.42 | Definitions.
Section 3345.422 | Priority Course Registration for Veterans.
Section 3345.423 | Appeals Process for Resolution of Disputes Over Credit for Military Experience.
Section 3345.46 | Overload Fees.
Section 3345.461 | Tuition and Fees for Online Courses.
Section 3345.47 | Requirements to Live in On-Campus Housing.
Section 3345.48 | Undergraduate Tuition Guarantee Program.
Section 3345.481 | Required Course Registration Accommodations.
Section 3345.49 | Rights of Student Who Is Victim of Dissemination of Image.
Section 3345.51 | Administration of Capital Facilities Project - State Appropriations Immaterial.
Section 3345.53 | Military Leave of Absence for Student on Active Duty.
Section 3345.54 | Conveyance of Auxiliary Facilities to Conduit Entity.
Section 3345.55 | Lease Agreements for Campus Housing Facilities.
Section 3345.56 | Student's Not Employee's Based Upon Athletic Participation.
Section 3345.57 | Paid Leave Donation Programs.
Section 3345.59 | Workforce Education and Efficiency Compacts.
Section 3345.61 | Energy Conservation Measures Definitions.
Section 3345.63 | Procedure for Contracts Other Than Installment Payment Contracts.
Section 3345.64 | Procedure for Installment Payment Contracts.
Section 3345.65 | Request for Proposals - Awarding of Contract.
Section 3345.66 | Issuance of Notes.
Section 3345.69 | Committee to Develop Guidelines for Energy Efficiency.
Section 3345.691 | Purchase of Biobased Products.
Section 3345.692 | Annual Reports on Purchases of Biobased Products.
Section 3345.70 | Powers and Duties of Board Where Fiscal Exigency Declared.
Section 3345.71 | Fiscal Watch Definitions.
Section 3345.72 | Rules for Fiscal Watches.
Section 3345.73 | Financial Indicators and Standards for Using Indicators.
Section 3345.74 | Determination That Appointment of Conservator Is Warranted.
Section 3345.75 | Appointment of Governance Authority.
Section 3345.76 | Termination of Governance Authority.
Section 3345.77 | Employment Contracts With President or Chief Executive Officer.
Section 3345.81 | Strategic Completion Plan.
Section 3345.82 | Electronic Attendance of Board of Trustees' Meetings.
Section 3345.85 | Meningitis and Hepatitis B Vaccination.
Section 3345.86 | Enrollment in Program to Earn High School Diploma.