Idaho § 33-6803

§ 33-6803.

definitions. As used in this chapter:

(1) "Benefit" means the recognition, registration, or use of facilities of an institution of higher education for meetings or speaking purposes, use of channels of communication, and use of funding sources that are otherwise available to other student organizations at the public institution of higher education.

(2) "Harassment" means expression that is unwelcome and so severe, pervasive, and subjectively and objectively offensive that a student is effectively denied equal access to educational opportunities or benefits provided by a public institution of higher education.

(3) "Materially and substantially disrupts" means the act of doing one (1) or more of the following:

(a) Materially disrupting the operation or functions of the public institution of higher education;

(b) Materially disrupting or preventing the communication of a message of another individual or group; or

(c) Preventing a lawful meeting, gathering, or procession by:

(i) Engaging in fighting, violence, or other unlawful behavior; or

(ii) Physically blocking or threatening or inciting violence to prevent an individual from attending, listening to, viewing, or participating in a protected expressive activity.

(4) "Outdoor areas of campus" means the generally accessible outside areas of campus where students, administrators, faculty, staff, and invited guests are commonly allowed, such as grassy areas, plazas, or other similar common areas, and does not include outdoor areas of campus to which access by the public is restricted.

(5) "Protected expressive activity" means noncommercial speech or conduct protected by the first amendment to the constitution of the United States, including:

(a) Communicating by any lawful verbal, written, audio-visual, or electronic means;

(b) Participating in peaceful assembly;

(c) Protesting and counter-protesting;

(d) Making speeches, including speeches of guest speakers;

(e) Distributing literature;

(f) Carrying signs;

(g) Circulating petitions; and

(h) Distributing pamphlets and other literature.

(6) "Public institution of higher education" means a state institution of higher education or a community college organized pursuant to chapter 21, title 33 , Idaho Code.

(7) "Student" means any person who is enrolled on a full-time or part-time basis in a public institution of higher education.

(8) "Student organization" means an officially recognized group at a public institution of higher education or a group seeking official recognition, comprised of admitted students that receive, or are seeking to receive, benefits through the institution of higher education as defined in this section.

[33-6803, added 2025, ch. 194, sec. 1, p. 892.]