13-53-52. Discrimination based on content or viewpoint of expressive activity prohibited.
A public institution of higher education, its faculty, administrators, and other employees, may not discriminate against any student or student organization based on the content or viewpoint of their expressive activity. Funds allocated to student organizations shall be distributed in a nondiscriminatory manner in accordance with applicable state and federal authority. Access to, and use of, facilities at a public institution of higher education shall be equally available to all student organizations, regardless of the ideological, political, or religious beliefs of the organization.
An institution may not prohibit an ideological, political, or religious student organization from requiring that its leaders or members of the organization affirm and adhere to the organization's sincerely held beliefs, comply with the organization's standards of conduct, or further the organization's mission or purpose, as defined by the organization.
Source: SL 2019, ch 94, §4.
Structure South Dakota Codified Laws
Chapter 53 - Administration Of State Institutions
Section 13-53-1.2 - Form for statement of registration compliance--Inclusion in application.
Section 13-53-1.3 - Postsecondary institutions may offer elective course in American sign language.
Section 13-53-2 - Unnecessary duplication of departments and facilities prohibited.
Section 13-53-3 - Economy considered in administration of schools--Unification of work.
Section 13-53-4 - Rules and regulations for management of institutions.
Section 13-53-5 - Delegation of authority to school officials.
Section 13-53-6 - Tuition rates and fees.
Section 13-53-6.3 - Qualification for resident tuition rates.
Section 13-53-7 - Degrees and honors conferred by board--Faculty recommendation.
Section 13-53-8 - Contract with school board for educational services.
Section 13-53-15 - Receipt by state treasurer of institutional moneys--Distribution.
Section 13-53-15.3 - Medical school funds.
Section 13-53-22 - Institutions named as insured in policies.
Section 13-53-23 - Payment of insurance premiums.
Section 13-53-23.1 - Residence defined.
Section 13-53-24 - Twelve-month residency requirement to qualify as resident student.
Section 13-53-26 - Twelve months of residency must immediately precede first day of classes.
Section 13-53-27 - Residence of unemancipated person for purpose of higher education.
Section 13-53-29 - Exception to twelve-month residency requirements.
Section 13-53-29.1 - Resident tuition--Veterans--Armed forces personnel--Spouse or child.
Section 13-53-30 - Reclassification of residence status upon removal of parents' residence.
Section 13-53-31 - Residence classification to remain with continuous enrollment.
Section 13-53-32 - Affect of foreign citizenship on residence status.
Section 13-53-33 - Exemption from nonresident tuition and fees for nonresident student.
Section 13-53-34.1 - Reclassification to resident status upon marriage to state resident.
Section 13-53-35 - Affect of paying taxes and voting on residence status.
Section 13-53-36 - Burden of proof in claim to resident student status.
Section 13-53-37 - Appeal of residency determination.
Section 13-53-38 - Authority of board to grant resident status in unusual circumstances.
Section 13-53-39 - Penalties for fraud or deceit by student in applying for resident status.
Section 13-53-40 - Suspension for failure to pay additional money due because of nonresident status.
Section 13-53-41 - Waiver of overpayment of tuition and fees for failure to timely appeal.
Section 13-53-43 - Transfer of credits--General education.
Section 13-53-44 - Technical colleges--Transfer of credits.
Section 13-53-45 - Confidentiality of information--Restrictions.
Section 13-53-46 - Definition of terms in §§ 13-53-47 and 13-53-48.
Section 13-53-48 - Time for submission of documentation.
Section 13-53-49 - Expressive activity and intellectual diversity defined.
Section 13-53-52 - Discrimination based on content or viewpoint of expressive activity prohibited.
Section 13-53-53 - Annual report on intellectual diversity and free exchange of ideas.