AB299: Bill Text

AB299,6,13 f. A decision by an impartial arbiter or panel.

AB299,6,14 g. The right of appeal.

AB299,6,16 h. The right to active assistance of counsel, if suspension for longer than 9 days or expulsion are potential penalties.

AB299,6,19 3. Require suspension for a minimum of one semester or expulsion of any student who has twice been found responsible for interfering with the expressive rights of others.

AB299,6,25 (c) Inconsistent policies and rules. The policy required under par. (a) supersedes and nullifies any prior provisions in the policies and rules of the Board of Regents or an institution that restrict speech on campus and are, therefore, inconsistent with the policy. The Board of Regents and each institution shall remove or revise any such provisions in its policies and rules to ensure compatibility with the the policy required under par. (a).

AB299,7,6 (5) Council on free expression. (a) The Board of Regents shall create a single council on free expression consisting of no less than 15 members. Thirteen of the members shall each represent one of the universities of the system and 2 of the members shall be the chairpersons of the assembly and senate standing committees having jurisdiction over universities as determined by the speaker of the assembly and the president of the senate.

AB299,7,10 (b) Annually no later than September 1, the council shall submit to the Board of Regents, the governor, and the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under s. 13.172 (3), a report that includes all of the following:

AB299,7,12 1. A description of any barriers to or disruptions of free expression within institutions.

AB299,7,14 2. A description of the administrative handling and discipline relating to disruptions or barriers described in subd. 1.

AB299,7,17 3. A description of substantial difficulties, controversies, or successes in maintaining a posture of administrative and institutional neutrality with regard to political or social issues.

AB299,7,19 4. Any assessments, criticisms, commendations, or recommendations the council sees fit to include in the report.

AB299,7,21 (c) The Board of Regents shall make the report required under par. (b) available to the public on the system's Internet site.

AB299,7,24 (6) Freshman orientation. Each institution shall include in freshman orientation programs a section describing to all students the policies and rules regarding free expression consistent with this section.

AB299,8,2 (7) Rules. The Board of Regents may promulgate rules to further the purposes of the policy required under sub. (4) (a).

AB299,8,4 (8) Construction. Nothing in this section shall be construed to prevent institutions from regulating student speech or activity that is prohibited by law.

AB299,8,8 (9) Restriction of student expression. Except as further limited by this section, institutions may restrict student expression only for expressive activity not protected by the First Amendment of the U.S. Constitution, including any of the following:

AB299,8,9 (a) Violations of state or federal law.

AB299,8,10 (b) Expression that a court has deemed unprotected defamation.

AB299,8,11 (c) Peer-on-peer harassment.

AB299,8,12 (d) Quid pro quo sexual harassment.

AB299,8,13 (e) True threats.

AB299,8,15 (f) An unjustifiable invasion of privacy or confidentiality not involving a matter of public concern.

AB299,8,16 (g) An action that unlawfully disrupts the function of an institution.

AB299,8,18 (h) A violation of a reasonable time, place, and manner restriction on expressive activities that is consistent with sub. (4) (a) 3.

AB299,8,21 (10) Enforcement. (a) A person whose expressive rights are violated by a violation of this section or the policy adopted under sub. (4) (a) may bring an action to enjoin the violation of this section or the policy.

AB299,9,2 (b) In an action brought under par. (a), if the court finds that a violation of this subsection occurred, the court shall award injunctive relief for the violation, and, notwithstanding s. 814.04 (1), reasonable attorney fees and costs. The court shall also award the actual damages caused by the violation or $1,000, whichever is greater.

AB299,9,8 (c) A person specified in par. (a) 2. shall bring an action for a violation of this subsection within one year after the date the cause of action accrues. For the purpose of calculating the one-year limitation period, each day that the violation persists or each day that a policy in violation of this subsection remains in effect constitutes a new violation of this subsection and shall be considered a day that the cause of action has accrued.

AB299,2 Section 2. 36.35 (1) of the statutes is amended to read:

AB299,9,13 36.35 (1) Power to suspend; rules. The board may delegate the power to suspend or expel students for misconduct or other cause prescribed by the board. Subject to sub. (4) and s. 36.02 (4) (b), the board shall promulgate rules under ch. 227 governing student conduct and procedures for the administration of violations.

AB299,3 Section 3 . 227.01 (13) (Lo) of the statutes is created to read:

AB299,9,15 227.01 (13) (Lo) Adopts the policy required under s. 36.02 (4) (a).

AB299,9,16 (End)