(1) An institution is in violation of this part if the institution: (a) gains actual knowledge of discriminatory harassment in the institution's program or activity; and (b) acts with deliberate indifference to the discriminatory harassment. (2) (a) An institution may not sanction or discipline, as discriminatory harassment, student-on- student speech that does not constitute discriminatory harassment. (b) An institution is not liable under this part for failing to sanction or discipline a student who communicates student-on-student speech that is not discriminatory harassment. (3) Nothing in this part prevents an institution from sanctioning or disciplining student-on-student speech that is otherwise not protected under the First Amendment to the United States Constitution. (4) Nothing in this part prevents an institution from responding to student-on-student speech that is not discriminatory harassment by taking nonpunitive actions designed to promote a welcoming, inclusive environment. (5) Nothing in this part prevents an institution from maintaining policies prohibiting stalking or other criminal activity. Renumbered and Amended by Chapter 8, 2025 Special Session 1
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