SB575,23,224 (e) If a court awards to plaintiffs damages, court costs, or attorney fees in an
25action brought under this subsection, the district board shall pay the total amount

1of the award from moneys that the district board has allocated for its administrative
2expenses.
SB575,23,43 (f) Section 893.80 does not apply to an action brought against a district board
4under this section.
SB575,6 5Section 6 . 38.35 of the statutes is created to read:
SB575,23,7 638.35 Due process guarantees in disciplinary proceedings. (1)
7Definitions. In this section:
SB575,23,118 (a) “Disciplinary proceeding” means an investigatory interview or hearing, or
9any other procedure adopted and used by a district board, relating to an alleged
10violation that may result in disciplinary action against a student, employee, or
11organization.
SB575,23,1312 (b) “Employee” means a staff member, faculty member, or administrator
13employed by a district board.
SB575,23,1614 (c) “Fully participate” includes having the opportunity to make opening and
15closing statements, to examine and cross-examine witnesses, and to provide the
16accuser or accused with support, guidance, and advice.
SB575,23,1817 (d) “Organization” means a student organization, employee organization, or
18independent organization that is officially recognized by a district board.
SB575,24,3 19(2) Due process guarantees. (a) A student who has enrolled in a district school
20has a property interest in maintaining the student's status as a student that may be
21terminated against the student's will only for due cause, including failure to meet
22academic standards, failure to pay fees or other costs required for continued
23enrollment, failure to meet the district board's attendance requirements, or a
24violation of the district board's conduct rules. A student who is accused of a violation
25of disciplinary or conduct rules that carries a potential penalty of suspension of more

1than 9 days or expulsion shall have the right to be represented, at the student's
2expense, by a licensed attorney or, if the student prefers, a non-attorney advocate,
3who shall be permitted to fully participate during the disciplinary proceeding.
SB575,24,84 (b) In addition to any substantive or procedural rights set forth in an employee's
5employment contract, an employee who is accused of a violation of disciplinary or
6conduct rules shall have the right to be represented, at the employee's expense, by
7a licensed attorney or, if the employee prefers, a non-attorney advocate, who shall
8be permitted to fully participate during the disciplinary proceeding.
SB575,24,129 (c) An organization that is accused of a violation of disciplinary or conduct rules
10shall have the right to be represented, at the organization's expense, by a licensed
11attorney or, if the organization prefers, a non-attorney advocate, who shall be
12permitted to fully participate during the disciplinary proceeding.
SB575,24,1613 (d) If a disciplinary proceeding arises from a complaint by a student against a
14student, employee, or organization, the complaining student shall also have the right
15to be represented, at that student's expense, by a licensed attorney or, if the
16complaining student prefers, a non-attorney advocate.
SB575,24,2017 (e) Prior to initiating a disciplinary proceeding or investigation, a district board
18shall notify the student, employee, or organization that a complaint has been made
19and inform the student, employee, or organization of his, her, or its due process
20rights.
SB575,24,2321 (f) In a disciplinary proceeding, a district board is not obligated to follow the
22state's rules of evidence but shall make a good faith effort to include only relevant,
23probative evidence and shall exclude evidence that is neither relevant nor probative.
SB575,25,424 (g) Before a disciplinary proceeding is scheduled, and at least 2 business days
25before a student, employee, or organization may be questioned by a district board or

1agent of the district board about allegations of violations of the district board's
2disciplinary or conduct rules, the district board shall advise the student, employee,
3or organization in writing of the student's, employee's, or organization's rights under
4this subsection.
SB575,25,75 (h) The right of a student, employee, or organization to be represented by an
6attorney or a non-attorney advocate applies until the conclusion of any appellate
7process.
SB575,25,168 (i) A district board shall ensure that all parties to a disciplinary proceeding,
9including the accused student, the accused employee, the accused organization, and,
10if applicable, the accusing student, have access to all material evidence, including
11both inculpatory and exculpatory evidence, not later than one week prior to the start
12of any formal hearing or similar adjudicatory proceeding. This evidence may include
13complainant statements, 3rd-party witness statements, electronically stored
14information, written communications, social media posts, and demonstrative
15evidence but may not include any materials that are privileged under applicable
16federal or state law.
SB575,25,1917 (j) A district board shall ensure that a disciplinary proceeding is carried out free
18from conflicts of interest by prohibiting overlap of administrative or adjudicative
19roles. An individual may not serve in more than one of the following roles:
SB575,25,2020 1. Counselor or advocate of the accuser or victim.
SB575,25,2121 2. Investigator.
SB575,25,2222 3. Hearing panel member.
SB575,25,2323 4. District board prosecutor.
SB575,25,2424 5. Adjudicator.
SB575,25,2525 6. Appellate adjudicator.
SB575,26,7
1(k) This subsection does not affect the obligation of a district board to provide
2equivalent rights to a student who is the accuser or victim in the disciplinary
3proceeding, including equivalent opportunities to have others present and fully
4participate during the disciplinary proceeding, to not limit the choice of attorney or
5non-attorney advocate in any meeting or in the disciplinary proceeding, and to
6provide simultaneous notification of the district board's procedures for the accused
7and the accuser or victim to appeal the result of the disciplinary proceeding.
SB575,26,98 (L) Nothing in this subsection shall prevent the temporary suspension of a
9student, employee, or organization pending an investigation.
SB575,26,12 10(3) Penalties. (a) A district board that violates this section more than once in
11a 10-year period is ineligible for allocation of grants under s. 39.435, except grants
12awarded under s. 39.435 (2) or (5), for a period of no less than one fiscal year.
SB575,26,1613 (b) In addition to the period of ineligibility under par. (a), if a district board
14administrator causes the violation of this section, the district board is not eligible for
15allocation of grants under s. 39.435, except grants awarded under s. 39.435 (2) or (5),
16until the administrator is permanently removed from his or her administrative role.
SB575,26,1817 (c) The penalties under this subsection apply if any of the following find, on the
18basis of a preponderance of the evidence, that the district board violated this section:
SB575,26,1919 1. A state or federal court in this state.
SB575,26,2020 2. The higher educational aids board.
SB575,26,2221 3. Any standing committee of the legislature having jurisdiction over matters
22relating to higher education.
SB575,7 23Section 7 . 39.285 (1) (c) of the statutes is created to read:
SB575,27,224 39.285 (1) (c) The board shall ensure that any formula approved under par. (a)
25takes into consideration any University of Wisconsin institution's loss of funding

1allocation under s. 36.42 (3) (a) and (b) or technical college district board's loss of
2funding allocation under s. 38.35 (3) (a) and (b).
SB575,27,33 (End)
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