AB444,6,2221 3. Require informing a student that he or she has the option to record his or her
22disciplinary hearing under subd. 2.
AB444,6,2423 4. Require a formal investigation and disciplinary hearing the 2nd time a
24student is alleged to have interfered with the expressive rights of others.
AB444,7,3
15. Require suspension for a minimum of one semester of any student who has
2twice been found responsible for interfering with the expressive rights of others at
3any time during the student's enrollment.
AB444,7,64 6. Require the expulsion of any student who has thrice been found responsible
5for interfering with the expressive rights of others at any time during the student's
6enrollment.
AB444,7,87 (c) Reporting. The policy required under par. (a) shall include requirements
8and procedures for all of the following:
AB444,7,109 1. Allowing any person to make a report that another person has violated this
10section or the policy.
AB444,7,1211 2. Requiring a formal investigation and disciplinary hearing if 2 or more
12reports are made regarding the same person's violation of this section or the policy.
AB444,7,1813 (d) Inconsistent policies and rules. The policy required under par. (a)
14supersedes and nullifies any prior provisions in the policies and rules of the Board
15of Regents or an institution that restrict speech on campus and are, therefore,
16inconsistent with the policy. The Board of Regents and each institution shall remove
17or revise any such provisions in its policies and rules to ensure compatibility with the
18the policy required under par. (a).
AB444,7,22 19(5) Legislative report. (a) Annually, no later than September 1, the Board of
20Regents shall submit to the governor and the chief clerk of each house of the
21legislature, for distribution to the appropriate standing committees under s. 13.172
22(3), a report that includes all of the following:
AB444,7,2423 1. A description of any barriers to or disruptions of free expression within
24institutions.
AB444,8,3
12. A description of the administrative handling and discipline relating to
2disruptions or barriers described in subd. 1. and a description of all disciplinary
3hearings involving expressive conduct and the outcomes of those hearings.
AB444,8,64 3. A description of substantial difficulties, controversies, or successes in
5maintaining a posture of administrative and institutional neutrality with regard to
6political or social issues.
AB444,8,87 4. Any assessments, criticisms, commendations, or recommendations the
8Board of Regents sees fit to include in the report.
AB444,8,109 (b) Each standing committee that receives a report under par. (a) shall hold a
10public hearing before taking any action regarding that report.
AB444,8,1211 (c) The Board of Regents shall make the report required under par. (a) available
12to the public on the system's Internet site.
AB444,8,15 13(6) Notice; orientation; training. (a) Upon adoption of the policy required
14under sub. (4) (a), the Board of Regents shall provide a notice to all students enrolled
15in the system informing the students about the policy.
AB444,8,2016 (b) Each institution shall include in orientation programs for freshmen and
17transfer students a section describing the policies and rules regarding free
18expression consistent with this section. Upon hiring, each institution shall provide
19training to employees on those policies and rules. Each institution shall provide
20annual training to instructors on those policies and rules.
AB444,8,22 21(7) Rules. The Board of Regents may promulgate rules to further the purposes
22of the policy required under sub. (4) (a).
AB444,8,24 23(8) Construction. Nothing in this section shall be construed to prevent
24institutions from regulating student speech or activity that is prohibited by law.
AB444,9,4
1(9) Restriction of student expression. Except as further limited by this
2section, institutions may restrict student expression only for expressive activity not
3protected by the First Amendment of the U.S. Constitution, including any of the
4following:
AB444,9,55 (a) Violations of state or federal law.
AB444,9,66 (b) Expression that a court has deemed unprotected defamation.
AB444,9,77 (c) Peer-on-peer harassment.
AB444,9,88 (d) Quid pro quo sexual harassment.
AB444,9,99 (e) True threats.
AB444,9,1110 (f) An unjustifiable invasion of privacy or confidentiality not involving a matter
11of public concern.
AB444,9,1212 (g) An action that unlawfully disrupts the function of an institution.
AB444,9,1413 (h) A violation of a reasonable time, place, and manner restriction on expressive
14activities that is consistent with sub. (4) (a) 3.
AB444,9,17 15(10) Enforcement. (a) A person whose expressive rights are violated by a
16violation of this section or the policy adopted under sub. (4) (a) may bring an action
17to enjoin the violation of this section or the policy.
AB444,9,2218 (b) In an action brought under par. (a), if the court finds that a violation of this
19subsection occurred, the court shall award injunctive relief for the violation, and,
20notwithstanding s. 814.04 (1), reasonable attorney fees and costs. The court shall
21also award the actual damages caused by the violation or $1,000, whichever is
22greater.
AB444,9,2523 (c) A person specified in par. (a) shall bring an action for a violation of this
24subsection within one year after the date the cause of action accrues. For the purpose
25of calculating the one-year limitation period, each day that the violation persists or

1each day that a policy in violation of this subsection remains in effect constitutes a
2new violation of this subsection and shall be considered a day that the cause of action
3has accrued.
AB444,10,74 (d) If a defendant prevails in an action brought under par. (a) and the court
5finds the action was frivolous or brought in bad faith, then, notwithstanding s. 814.04
6(1), the defendant shall recover reasonable attorney fees incurred in connection with
7defending the action.
AB444,2 8Section 2. 36.35 (1) of the statutes is amended to read:
AB444,10,129 36.35 (1) Power to suspend; rules. The board may delegate the power to
10suspend or expel students for misconduct or other cause prescribed by the board.
11Subject to sub. (4) and s. 36.02 (4) (b), the board shall promulgate rules under ch. 227
12governing student conduct and procedures for the administration of violations.
AB444,3 13Section 3 . 227.01 (13) (Lo) of the statutes is created to read:
AB444,10,1414 227.01 (13) (Lo) Adopts the policy required under s. 36.02 (4) (a).
AB444,10,1515 (End)
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