Under this bill, a UW institution or technical college that violates any of the due
process provisions described above more than once in a 10-year period is ineligible
for allocation of Wisconsin grants for the longer of 1) a period of no less than one fiscal
year; or 2) if the institution's or technical college's administrator causes the violation,
until the administrator is permanently removed from his or her administrative role.
HEAB's formula for awarding Wisconsin grants must take these loss of allocation
penalties into consideration. The violation giving rise to this penalty may be found,
by a preponderance of the evidence, by any of the following: 1) a state or federal court;
2) HEAB; or 3) a legislative standing committee having jurisdiction over matters
relating to higher education.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB575,1 1Section 1 . 36.11 (6) (c) of the statutes is amended to read:
SB575,5,6
136.11 (6) (c) By February 10 of each year, the board shall develop and submit
2to the higher educational aids board for its review under s. 39.285 (1) a proposed
3formula for the awarding of grants under s. 39.435, except for grants awarded under
4s. 39.435 (2) or (5), for the next fiscal year to students enrolled in the system. The
5proposed formula shall take into consideration any institution's loss of funding
6allocation under s. 36.42 (3) (a) and (b).
SB575,2 7Section 2 . 36.41 of the statutes is created to read:
SB575,5,11 836.41 Campus free speech and academic freedom. (1) Definition. In this
9section, “employee” means a member of the faculty, academic staff, or university staff
10assigned to an institution. “Employee” also includes the institution's graduate
11assistants and employees in training.
SB575,5,15 12(2) Principles of academic freedom and freedom of expression. (a) The
13system and each institution shall adhere to the following principles of academic
14freedom and freedom of expression in order to achieve the system's mission under s.
1536.01 (2):
SB575,5,2516 1. Academic freedom includes the freedom to explore all avenues of scholarship,
17research, and creative expression, and to reach conclusions according to one's own
18scholarly discernment. Freedom of expression includes the right to discuss and
19present scholarly opinions and conclusions on all matters both in and outside the
20classroom. These freedoms include the right to speak and write as a member of an
21institution's community or as a private citizen without institutional discipline or
22restraint on scholarly matters or on matters of public concern. The system and each
23institution shall remain committed to these principles and provide all members of
24an institution's community the broadest possible latitude to explore ideas and to
25speak, write, listen, challenge, and learn.
SB575,6,7
12. Although different ideas in an institution's community often and quite
2naturally conflict, it is not the proper role of an institution to attempt to shield
3individuals from ideas and opinions the institution or others find unwelcome,
4disagreeable, or even deeply offensive. Despite the great value of civility, concerns
5about civility and mutual respect may never be used as justification for closing off
6discussion of ideas, however offensive or disagreeable those ideas may be to some
7members within an institution's community.
SB575,6,208 3. The freedom to debate and discuss the merits of competing ideas does not
9mean that members of an institution's community may say whatever they wish,
10wherever they wish. Consistent with long-standing practice informed by law, the
11system and each institution may restrict expression that violates the law, that falsely
12defames a specific individual, that constitutes a genuine threat or discriminatory
13harassment, that unjustifiably invades substantial privacy or confidentiality
14interests, or that is otherwise directly incompatible with the functioning of an
15institution. In addition, subject to sub. (3) (a) 2., the system and each institution may
16reasonably regulate the time, place, and manner of expression to ensure that it does
17not disrupt ordinary activities. However, these exceptions to the general principle
18of freedom of expression shall be construed narrowly and may not be applied in a
19manner that is inconsistent with the system's and each institution's commitment to
20a completely free and open discussion of ideas.
SB575,6,2121 (b) The principles stated in par. (a) carry responsibilities, as follows:
SB575,7,322 1. Academic freedom carries the responsibility for the faithful performance of
23professional duties and obligations. All members of an institution's community share
24in the responsibility for maintaining civility and a climate of mutual respect.
25Although members of an institution's community are free to criticize and contest the

1views expressed on campus, they may not obstruct or otherwise interfere with the
2freedom of others, including speakers who are invited to campus, to express views
3they reject or even loathe.
SB575,7,64 2. Freedom of expression carries the obligation to make clear that when
5speaking on matters of public interest or concern, one is speaking on behalf of oneself,
6not the institution.
SB575,7,187 3. An institution has a solemn responsibility not only to promote lively and
8fearless exploration, deliberation, and debate of ideas, but also to protect those
9freedoms when others attempt to restrict them. Exploration, deliberation, and
10debate may not be suppressed because the ideas put forth are thought by some or
11even by most members of an institution's community, or those outside the
12community, to be offensive, unwise, immoral, or wrongheaded. It is for the members
13of an institution's community, not for the institution itself, to make those judgments
14for themselves, and to act on those judgments not by seeking to suppress exploration
15of ideas or expression of speech, but by openly and vigorously contesting the ideas
16that they oppose. Fostering the ability of members of an institution's community to
17engage in such debate and deliberation in an effective and responsible manner is an
18essential part of an institution's educational mission.
SB575,7,20 19(3) First Amendment protections. (a) Except as specified in this section, an
20institution may not do any of the following:
SB575,8,321 1. Restrict speech protected under the First Amendment of the U.S.
22Constitution, including noncommercial expressive activities protected under the
23provisions of this section, which include all forms of peaceful assembly, protests,
24speeches, distribution of literature, carrying signs, circulating petitions, and the
25recording and lawful publication, including Internet publication, of video and audio

1lawfully recorded in public outdoor areas of public institutions of higher education,
2if the speaker's conduct is not unlawful and does not materially and substantially
3disrupt the functioning of the institution.
SB575,8,84 2. Maintain and enforce time, place, and manner restrictions on expressive
5activities on the open outdoor areas of its campus that are generally accessible to the
6public and indoor areas that have been designated as public forums, except
7classrooms while they are in use for instructional purposes, unless those restrictions
8meet all of the following requirements:
SB575,8,119 a. The restrictions are reasonable, in furtherance of a significant institutional
10interest, and employ clear, published, content-neutral, and viewpoint-neutral
11criteria.
SB575,8,1412 b. The restrictions provide for ample alternative means for communication of
13the information and allow for members of the institution's community to
14spontaneously and contemporaneously distribute literature and assemble.
SB575,8,1715 3. Designate any area of a campus a “free speech zone” or otherwise create
16policies restricting noncommercial expressive activities to a particular area of a
17campus.
SB575,8,2318 4. Require a permit from any individual or group as a condition of being allowed
19to engage in expressive activities protected under this section, unless the individual
20or group is seeking exclusive control of a location for its expressive activity at a
21reserved time. Any such permitting process may not be overly burdensome, and
22applications for permits shall be evaluated solely using published content and
23viewpoint-neutral criteria.
SB575,9,924 5. Charge security fees to a student or a student group, as part of an application
25for those expressive activities that require a permit, based on the content of the

1expression, the content of the expression of an invited guest, or the anticipated
2reaction to the student's, student group's, or invited guest's expression. Whether the
3security fee is required and its amount may be determined only on the basis of
4content and viewpoint-neutral criteria. Content and viewpoint-neutral criteria
5include the time of the event, the location of the event, the anticipated size of the
6invited audience, and whether alcohol will be served. Any institution charging
7security fees pursuant to this subdivision shall publish the criteria it uses for
8assessing those charges and shall have a published process for waving the fees for
9those who cannot afford to pay them.
SB575,9,1610 6. Sanction individuals or groups for discriminatory harassment unless the
11speech targets its victim on the basis of the victim's membership in a class protected
12under federal, state, or local law, and is so severe, pervasive, and objectively offensive
13that it effectively bars a student from receiving equal access to educational
14opportunities or benefits. This subdivision does not preclude an institution from
15providing additional resources to a student affected by speech that cannot be
16sanctioned under this subdivision or from taking nonpunitive actions.
SB575,9,2117 (b) All indoor areas that have been designated as public forums and outdoor
18public areas generally accessible to the public and operated by an institution or
19under the institution's jurisdiction, except classrooms while they are in use for
20instructional purposes, shall be governed by rules applicable to traditional public
21forums.
SB575,9,2522 (c) 1. Nothing in this section enables individuals to engage in conduct that
23intentionally, materially, and substantially disrupts another's expressive activity if
24that activity is occurring in a campus space reserved for that activity under the
25exclusive use or control of a particular group.
SB575,10,5
12. For purposes of subd. 1., and subject to subd. 3., “materially and
2substantially disrupts” means when a person, with the intent or knowledge of doing
3so, significantly hinders another person's or group's expressive activity, prevents the
4communication of the message, or prevents the transaction of the business of a lawful
5meeting, gathering, or procession by doing any of the following:
SB575,10,66 a. Engaging in fighting, violence, or seriously disruptive behavior.
SB575,10,87 b. Physically blocking or significantly hindering any person from attending,
8listening to, viewing, or otherwise participating in an expressive activity.
SB575,10,179 3. For purposes of subd. 1., the phrase “materially and substantially disrupts”
10does not include conduct that is protected under the First Amendment of the U.S.
11Constitution or article I, section 3, of the Wisconsin Constitution. This protected
12conduct includes lawful protests and counterprotests in the outdoor areas of campus
13generally accessible to members of the public and indoor areas that have been
14designated as public forums, except classrooms while they are in use for
15instructional purposes, except during times when those areas have been reserved in
16advance for other events, or minor, brief, or fleeting nonviolent disruptions of events
17that are isolated and short in duration.
SB575,10,1918 (d) Nothing in this section limits the right of student expression at campus
19locations that are not specified in this section.
SB575,10,2020 (e) An institution shall do all of the following:
SB575,10,2521 1. Conduct a biennial survey of students and employees on First Amendment
22rights, academic freedom, perceived political, ideological, or other bias at the
23institution, and whether campus culture promotes self-censorship. The survey shall
24be conducted using statistically sound methodology and in a manner that protects
25the confidentiality of the survey's respondents.
SB575,11,2
12. Biennially submit to the legislature under s. 13.172 (2) a report detailing the
2results of the survey under subd. 1.
SB575,11,43 3. Annually provide all students and employees with instruction in academic
4freedom, due process, and First Amendment protections.
SB575,11,7 5(4) Academic freedom. (a) No board policy, institution policy, or employee may
6limit the expressive rights and academic freedom of an instructor of an institution
7to do any of the following:
SB575,11,88 1. Conduct research, publish, lecture, or teach in the academic setting.
SB575,11,119 2. Require students to participate in instructional exercises with legitimate
10pedagogical purposes that involve exploring, or arguing for or against, any argument
11or assertion.
SB575,11,1212 3. Speak publicly as a private citizen on matters of public concern.
SB575,11,1613 (b) Nothing in this subsection shall be interpreted to prohibit an institution
14from requiring an instructor to perform the instructor's academic duties or from
15setting performance standards consistent with this subsection or as required by
16other law of this state.
SB575,11,24 17(5) Notice; institutional aid. (a) An institution that violates this section, for
184 years following the date of the finding of the violation under par. (b), shall include
19a disclaimer on all notices, both printed or electronic, to individuals regarding
20admission to the institution, in a type size no smaller than the majority of the rest
21of the notice, in substantially the following form: “NOTICE: We are required by the
22State of Wisconsin to inform you that within the last 4 years ... [insert name of
23institution] has violated the free speech or academic freedom provisions in the
24Wisconsin statutes.”
SB575,12,3
1(b) The penalty under par. (a) applies if a state or federal court in this state
2finds, on the basis of a preponderance of the evidence, that the institution violated
3this section.
SB575,12,6 4(6) Cause of action. (a) Any person identified in par. (b) may bring an action
5in circuit court against the board for violation of this section by an institution and
6may seek any of the following:
SB575,12,77 1. An injunction against violation of this section.
SB575,12,98 2. Recovery from the board of damages, court costs, and attorney fees for
9persons aggrieved by the violation.
SB575,12,1010 (b) Any of the following persons may bring an action under par. (a):
SB575,12,1111 1. The attorney general.
SB575,12,1212 2. A district attorney.
SB575,12,1413 3. Any person whose expressive rights were violated through the violation of
14this section.
SB575,12,1615 (c) Subject to par. (d), in an action brought under par. (a), if the court finds a
16violation, the court shall award to the plaintiffs all of the following:
SB575,12,2017 1. Total damages for all prevailing persons aggrieved by the violation of not less
18than $500 for the initial violation plus $50 for each day the violation remains
19ongoing, which shall accrue starting on the day after the complaint is served on the
20board.
SB575,12,2121 2. Notwithstanding s. 814.04 (1), court costs and reasonable attorney fees.
SB575,13,222 (d) In an action brought under par. (a), the total damages, excluding court costs
23and attorney fees, that may be awarded to plaintiffs in a case or cases stemming from
24a single controversy may not exceed an aggregate amount of $100,000. In violations

1harming multiple plaintiffs, the court shall divide the damages equitably among
2them until the maximum award is exhausted, if applicable.
SB575,13,63 (e) If a court awards to plaintiffs damages, court costs, or attorney fees in an
4action brought under this subsection, the board shall pay the total amount of the
5award from moneys allocated under s. 36.09 (1) (h) to the violating institution for the
6institution's administrative expenses.
SB575,3 7Section 3 . 36.42 of the statutes is created to read:
SB575,13,9 836.42 Due process guarantees in disciplinary proceedings. (1)
9Definitions. In this section:
SB575,13,1310 (a) “Disciplinary proceeding” means an investigatory interview or hearing, or
11any other procedure adopted and used by an institution, relating to an alleged
12violation that may result in disciplinary action against a student, employee, or
13organization.
SB575,13,1614 (b) “Employee” means a member of the faculty, academic staff, or university
15staff assigned to an institution. “Employee” also includes the institution's graduate
16assistants and employees in training.
SB575,13,1917 (c) “Fully participate” includes having the opportunity to make opening and
18closing statements, to examine and cross-examine witnesses, and to provide the
19accuser or accused with support, guidance, and advice.
SB575,13,2120 (d) “Organization” means a student organization, employee organization, or
21independent organization that is officially recognized by an institution.
SB575,14,6 22(2) Due process guarantees. (a) A student who has enrolled in an institution
23has a property interest in maintaining the student's status as a student that may be
24terminated against the student's will only for due cause, including failure to meet
25academic standards, failure to pay academic fees, tuition, or other costs required for

1continued enrollment, failure to meet the institution's attendance requirements, or
2a violation of the institution's conduct rules. A student who is accused of a violation
3of disciplinary or conduct rules that carries a potential penalty of suspension of more
4than 9 days or expulsion shall have the right to be represented, at the student's
5expense, by a licensed attorney or, if the student prefers, a non-attorney advocate,
6who shall be permitted to fully participate during the disciplinary proceeding.
SB575,14,117 (b) In addition to any substantive or procedural rights set forth in an employee's
8employment contract, an employee who is accused of a violation of disciplinary or
9conduct rules shall have the right to be represented, at the employee's expense, by
10a licensed attorney or, if the employee prefers, a non-attorney advocate, who shall
11be permitted to fully participate during the disciplinary proceeding.
SB575,14,1512 (c) An organization that is accused of a violation of disciplinary or conduct rules
13shall have the right to be represented, at the organization's expense, by a licensed
14attorney or, if the organization prefers, a non-attorney advocate, who shall be
15permitted to fully participate during the disciplinary proceeding.
SB575,14,1916 (d) If a disciplinary proceeding arises from a complaint by a student against a
17student, employee, or organization, the complaining student shall also have the right
18to be represented, at that student's expense, by a licensed attorney or, if the
19complaining student prefers, a non-attorney advocate.
SB575,14,2320 (e) Prior to initiating a disciplinary proceeding or investigation, an institution
21shall notify the student, employee, or organization that a complaint has been made
22and inform the student, employee, or organization of his, her, or its due process
23rights.
SB575,15,3
1(f) In a disciplinary proceeding, an institution is not obligated to follow the
2state's rules of evidence but shall make a good faith effort to include only relevant,
3probative evidence and shall exclude evidence that is neither relevant nor probative.
SB575,15,84 (g) Before a disciplinary proceeding is scheduled, and at least 2 business days
5before a student, employee, or organization may be questioned by an institution or
6agent of the institution about allegations of violations of the institution's disciplinary
7or conduct rules, the institution shall advise the student, employee, or organization
8in writing of the student's, employee's, or organization's rights under this subsection.
SB575,15,119 (h) The right of a student, employee, or organization to be represented by an
10attorney or a non-attorney advocate applies until the conclusion of any appellate
11process.
SB575,15,2012 (i) An institution shall ensure that all parties to a disciplinary proceeding,
13including the accused student, the accused employee, the accused organization, and,
14if applicable, the accusing student, have access to all material evidence, including
15both inculpatory and exculpatory evidence, not later than one week prior to the start
16of any formal hearing or similar adjudicatory proceeding. This evidence may include
17complainant statements, 3rd-party witness statements, electronically stored
18information, written communications, social media posts, and demonstrative
19evidence but may not include any materials that are privileged under applicable
20federal or state law.
SB575,15,2321 (j) An institution shall ensure that a disciplinary proceeding is carried out free
22from conflicts of interest by prohibiting overlap of administrative or adjudicative
23roles. An individual may not serve in more than one of the following roles:
SB575,15,2424 1. Counselor or advocate of the accuser or victim.
SB575,15,2525 2. Investigator.
SB575,16,1
13. Hearing panel member.
SB575,16,22 4. Institutional prosecutor.
SB575,16,33 5. Adjudicator.
SB575,16,44 6. Appellate adjudicator.
SB575,16,115 (k) This subsection does not affect the obligation of an institution to provide
6equivalent rights to a student who is the accuser or victim in the disciplinary
7proceeding, including equivalent opportunities to have others present and fully
8participate during the disciplinary proceeding, to not limit the choice of attorney or
9non-attorney advocate in any meeting or in the disciplinary proceeding, and to
10provide simultaneous notification of the institution's procedures for the accused and
11the accuser or victim to appeal the result of the disciplinary proceeding.
SB575,16,1312 (L) Nothing in this subsection shall prevent the temporary suspension of a
13student, employee, or organization pending an investigation.
SB575,16,16 14(3) Penalties. (a) An institution that violates this section more than once in
15a 10-year period is ineligible for allocation of grants under s. 39.435, except grants
16awarded under s. 39.435 (2) or (5), for a period of no less than one fiscal year.
SB575,16,2017 (b) In addition to the period of ineligibility under par. (a), if an institution's
18administrator causes the violation of this section, the institution is not eligible for
19allocation of grants under s. 39.435, except grants awarded under s. 39.435 (2) or (5),
20until the administrator is permanently removed from his or her administrative role.
SB575,16,2221 (c) The penalties under this subsection apply if any of the following find, on the
22basis of a preponderance of the evidence, that the institution violated this section:
SB575,16,2323 1. A state or federal court in this state.
SB575,16,2424 2. The higher educational aids board.
SB575,17,2
13. Any standing committee of the legislature having jurisdiction over matters
2relating to higher education.
SB575,4 3Section 4 . 38.04 (7m) of the statutes is amended to read:
SB575,17,94 38.04 (7m) Financial aids. By February 10 of each year, the board shall develop
5and submit to the higher educational aids board for its review under s. 39.285 (1) a
6proposed formula for the awarding of grants under s. 39.435, except for grants
7awarded under s. 39.435 (2) or (5), for the next fiscal year to students enrolled in the
8technical colleges. The proposed formula shall take into consideration any technical
9college's loss of funding allocation under s. 38.35 (3) (a) and (b).
SB575,5 10Section 5 . 38.34 of the statutes is created to read:
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