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:
SB575,17,12 1138.34 Campus free speech and academic freedom. (1) Definitions. In
12this section:
SB575,17,1413 (a) “Employee” means a staff member, faculty member, or administrator
14employed by a district board.
SB575,17,1515 (b) “Student” means an individual enrolled in a district school.
SB575,17,17 16(2) First Amendment protections. (a) Except as specified in this section, a
17district board may not do any of the following:
SB575,17,2518 1. Restrict speech protected under the First Amendment of the U.S.
19Constitution, including noncommercial expressive activities protected under the
20provisions of this section, which include all forms of peaceful assembly, protests,
21speeches, distribution of literature, carrying signs, circulation petitions, and the
22recording and lawful publication, including Internet publication, of video and audio
23lawfully recorded in public outdoor areas of public institutions of higher education,
24if the speaker's conduct is not unlawful and does not materially and substantially
25disrupt the functioning of the district school.
SB575,18,5
12. Maintain and enforce time, place, and manner restrictions on expressive
2activities on the open outdoor areas of district campuses that are generally accessible
3to the public and indoor areas that have been designated as public forums, except
4classrooms while they are in use for instructional purposes, unless those restrictions
5meet all of the following requirements:
SB575,18,86 a. The restrictions are reasonable, in furtherance of a significant interest of the
7district board, and employ clear, published, content-neutral, and viewpoint-neutral
8criteria.
SB575,18,119 b. The restrictions provide for ample alternative means for communication of
10the information and allow for members of the district campus's community to
11spontaneously and contemporaneously distribute literature and assemble.
SB575,18,1412 3. Designate any area of a district campus a “free speech zone” or otherwise
13create policies restricting noncommercial expressive activities to a particular area
14of a district campus.
SB575,18,2015 4. Require a permit from any individual or group as a condition of being allowed
16to engage in expressive activities protected under this section, unless the individual
17or group is seeking exclusive control of a location for its expressive activity at a
18reserved time. Any such permitting process may not be overly burdensome, and
19applications for permits shall be evaluated solely using published content and
20viewpoint-neutral criteria.
SB575,19,621 5. Charge security fees to a student or a student group, as part of an application
22for those expressive activities that require a permit, based on the content of the
23expression, the content of the expression of an invited guest, or the anticipated
24reaction to the student's, student group's, or invited guest's expression. Whether the
25security fee is required and its amount may be determined only on the basis of

1content and viewpoint-neutral criteria. Content and viewpoint-neutral criteria
2include the time of the event, the location of the event, the anticipated size of the
3invited audience, and whether alcohol will be served. Any district board charging
4security fees pursuant to this subdivision shall publish the criteria it uses for
5assessing those charges and shall have a published process for waving the fees for
6those who cannot afford to pay them.
SB575,19,137 6. Sanction individuals or groups for discriminatory harassment unless the
8speech targets its victim on the basis of the victim's membership in a class protected
9under federal, state, or local law, and is so severe, pervasive, and objectively offensive
10that it effectively bars a student from receiving equal access to educational
11opportunities or benefits. This subdivision does not preclude a district board from
12providing additional resources to a student affected by speech that cannot be
13sanctioned under this subdivision or from taking nonpunitive actions.
SB575,19,1714 (b) All indoor areas that have been designated as public forums and outdoor
15public areas generally accessible to the public and owned or operated by a district
16board, except classrooms while they are in use for instructional purposes, shall be
17governed by rules applicable to traditional public forums.
SB575,19,2118 (c) 1. Nothing in this section enables individuals to engage in conduct that
19intentionally, materially, and substantially disrupts another's expressive activity if
20that activity is occurring in a campus space reserved for that activity under the
21exclusive use or control of a particular group.
SB575,20,222 2. For purposes of subd. 1., and subject to subd. 3., “materially and
23substantially disrupts” means when a person, with the intent or knowledge of doing
24so, significantly hinders another person's or group's expressive activity, prevents the

1communication of the message, or prevents the transaction of the business of a lawful
2meeting, gathering, or procession by doing any of the following:
SB575,20,33 a. Engaging in fighting, violence, or seriously disruptive behavior.
SB575,20,54 b. Physically blocking or significantly hindering any person from attending,
5listening to, viewing, or otherwise participating in an expressive activity.
SB575,20,146 3. For purposes of subd. 1., the phrase “materially and substantially disrupts”
7does not include conduct that is protected under the First Amendment of the U.S.
8Constitution or article I, section 3, of the Wisconsin Constitution. This protected
9conduct includes lawful protests and counterprotests in the outdoor areas of campus
10generally accessible to members of the public and indoor areas that have been
11designated as public forums, except classrooms while they are in use for
12instructional purposes, except during times when those areas have been reserved in
13advance for other events, or minor, brief, or fleeting nonviolent disruptions of events
14that are isolated and short in duration.
SB575,20,1615 (d) Nothing in this section limits the right of student expression at campus
16locations that are not specified in this section.
SB575,20,1717 (e) A district board shall do all of the following:
SB575,20,2218 1. Conduct a biennial survey of students and employees on First Amendment
19rights, academic freedom, perceived political, ideological, or other bias at the district
20schools, and whether campus culture promotes self-censorship. The survey shall be
21conducted using statistically sound methodology and in a manner that protects the
22confidentiality of the survey's respondents.
SB575,20,2423 2. Biennially submit to the legislature under s. 13.172 (2) a report detailing the
24results of the survey under subd. 1.
SB575,21,2
13. Annually provide all students and employees with instruction in academic
2freedom, due process, and First Amendment protections.
SB575,21,5 3(3) Academic freedom. (a) No district board policy or employee may limit the
4expressive rights and academic freedom of an instructor of a district school to do any
5of the following:
SB575,21,66 1. Conduct research, publish, lecture, or teach in the academic setting.
SB575,21,97 2. Require students to participate in instructional exercises with legitimate
8pedagogical purposes that involve exploring, or arguing for or against, any argument
9or assertion.
SB575,21,1010 3. Speak publicly as a private citizen on matters of public concern.
SB575,21,1411 (b) Nothing in this subsection shall be interpreted to prohibit a district board
12from requiring an instructor to perform the instructor's academic duties or from
13setting performance standards consistent with this subsection or as required by
14other law of this state.
SB575,21,22 15(4) Notice; institutional aid. (a) A district board that violates this section, for
164 years following the date of the finding of the violation under par. (b), shall include
17a disclaimer on all notices, both printed or electronic, to individuals regarding
18admission to a technical college of the district, in a type size no smaller than the
19majority of the rest of the notice, in substantially the following form: “NOTICE: We
20are required by the State of Wisconsin to inform you that within the last 4 years ...
21[insert name of technical college] has violated the free speech or academic freedom
22provisions in the Wisconsin statutes.”
SB575,21,2523 (b) The penalty under par. (a) applies if a state or federal court in this state
24finds, on the basis of a preponderance of the evidence, that the district board violated
25this section.
SB575,22,3
1(5) Cause of action. (a) Any person identified in par. (b) may bring an action
2in circuit court against a district board for violation of this section and may seek any
3of the following:
SB575,22,44 1. An injunction against violation of this section.
SB575,22,65 2. Recovery from the district board of damages, courts costs, and attorney fees
6for persons aggrieved by the violation.
SB575,22,77 (b) Any of the following persons may bring an action under par. (a):
SB575,22,88 1. The attorney general.
SB575,22,99 2. A district attorney.
SB575,22,1110 3. Any person whose expressive rights were violated through the violation of
11this section.
SB575,22,1312 (c) Subject to par. (d), in an action brought under par. (a), if the court finds a
13violation, the court shall award to the plaintiffs all of the following:
SB575,22,1714 1. Total damages for all prevailing persons aggrieved by the violation of not less
15than $500 for the initial violation plus $50 for each day the violation remains
16ongoing, which shall accrue starting on the day after the complaint is served on the
17district board.
SB575,22,1818 2. Notwithstanding s. 814.04 (1), court costs and reasonable attorney fees.
SB575,22,2319 (d) In an action brought under par. (a), the total damages, excluding court costs
20and attorney fees, that may be awarded to plaintiffs in a case or cases stemming from
21a single controversy may not exceed an aggregate amount of $100,000. In violations
22harming multiple plaintiffs, the court shall divide the damages equitably among
23them until the maximum award is exhausted, if applicable.
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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