Bill 824

                    Current Status

Bill Number:                       824
Type of Legislation:               General Bill GB
Introducing Body:                  Senate
Introduced Date:                   19970605
Primary Sponsor:                   Fair 
All Sponsors:                      Fair 
Drafted Document Number:           pt\1377dw.97
Residing Body:                     Senate
Current Committee:                 Education Committee 04
                                   SED
Subject:                           Anti-Discrimination Religion
                                   Act of 1997, Discrimination,
                                   Colleges and Universities,
                                   state-supported

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________
Senate  19970605  Introduced, read first time,             04 SED
                  referred to Committee

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-400 SO AS TO ENACT THE ANTI-DISCRIMINATION RELIGION ACT OF 1997, TO ALLOW A PUBLIC EMPLOYEE OF AN INSTITUTION OF HIGHER LEARNING TO EXERCISE HIS FREE SPEECH RIGHTS WITHOUT FEAR OF RECRIMINATION.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. The 1976 Code is amended by adding:

"Section 59-101-400. (A) This section may be cited as the 'Anti-Discrimination Religion Act of 1997'.

(B) Professors, associate professors, counselors, administrators, athletic coaches, and all other employees of our state's institutions of higher learning may not be restricted from exercising their First Amendment rights. A public employee of a university or of the state or of any of the state's subdivisions may exercise their free speech rights without fear of recrimination.

(C) Students or subordinate employees may report allegations of discrimination directly to law enforcement authorities or to the highest governing authority of that institution of higher learning.

(D) Recognition must be given to the fact that every utterance from a person's mouth cannot be considered appropriate for that time and place and that some utterances are actually against the law. Inappropriate speech is defined as that speech that interferes with the discharge of the employee's duties.

(E) Those words spoken to another that can be construed by the other to be an encouragement to violate one or more statutes of this State is not an exercise of the First Amendment and can be considered as aiding and abetting a person to commit a crime and as such may be punishable by law. Students or subordinate employees may report allegations of aiding or abetting directly to law enforcement authorities or to the highest governing authority of that institution of higher learning.

(F) Employees may appeal a censure or other reprobation whether official or unofficial to that employee's highest governing authority and the appeal may be made directly to the highest authority. An institution of higher learning's governing authority may not dismiss an allegation of wrongdoing but must report the injurious conduct to the law enforcement jurisdiction within which the institution of higher learning resides. This may include a municipal government, a county government, or the State Law Enforcement Division.

(G) Athletic fields and locker rooms are included as places where free speech and equal treatment must apply."

SECTION 2. This act takes effect upon approval by the Governor.