Montana Code Annotated 2021



Part 5. University Students -- Qualifications and Rights

Discrimination Against Student Organizations Prohibited

20-25-518. Discrimination against student organizations prohibited. (1) A public postsecondary institution may not deny a religious, political, or ideological student organization a benefit or privilege available to other student organizations or otherwise discriminate against a student organization based on the student organization's expressive activity, including any requirement of the student organization that a leader or member:

(a) affirm and adhere to the student organization's sincerely held beliefs;

(b) comply with the student organization's standards of conduct; or

(c) further the student organization's mission or purpose, as defined by the student organization.

(2) As used in 20-25-519 and this section, the following definitions apply:

(a) "Benefit or privilege" means any type of advantage, including but not limited to:

(i) recognition;

(ii) registration;

(iii) the use of facilities of the public postsecondary institution for meetings or speaking purposes;

(iv) the use of channels of communication; and

(v) funding sources that are otherwise available to other student organizations at the public postsecondary institution.

(b) "Public postsecondary institution" means:

(i) a unit of the Montana university system as defined in 20-25-201; or

(ii) a Montana community college, defined and organized as provided in 20-15-101.

(c) "Student organization" means an officially recognized group or a group seeking official recognition at a public postsecondary institution that is composed of students who receive or are seeking to receive a benefit through the public postsecondary institution.

History: En. Sec. 1, Ch. 234, L. 2021.