SB988,7,24 (3) (a) An applicant for admission, student, student organization, faculty member, or prospective faculty member may bring a civil action in circuit court against a district board for a violation of sub. (1), and against any employee of the district board whose actions caused or contributed to the violation. The civil action may seek declaratory relief, an injunction against further violation of sub. (1), an award of damages, or any combination of these remedies.

SB988,8,3 (b) An injunction imposed under this subsection against a district board because of a violation of sub. (1) may include an order requiring the institution to do any of the following:

SB988,8,4 1. Admit the applicant for enrollment as a student.

SB988,8,5 2. Reenroll a student who was suspended or expelled.

SB988,8,7 3. Hire a person for the position for which the person's employment application was rejected.

SB988,8,9 4. Rehire in the same or equal position an employee who was removed or terminated from his or her job.

SB988,8,10 5. Promote an employee who was denied a promotion.

SB988,8,11 6. Grant tenure to an employee who was denied tenure.

SB988,8,12 7. Provide funding to a student organization.

SB988,8,14 (c) Notwithstanding s. 814.04 (1), in an action under par. (a), the court may award the prevailing party reasonable attorney fees, in addition to court costs.

SB988,8,16 (d) A person is not required to exhaust any other administrative or legal remedy before bringing an action under par. (a).

SB988,8,18 (e) The attorney general may file an action to enjoin a violation of sub. (1), including to invalidate any policy or practice inconsistent with sub. (1).

SB988,8,20 (f) Section 893.80 does not apply to an action brought against a district board under par. (a).

SB988,8,24 (4) (a) A district board shall impose discipline as provided in par. (b) or (c) on an employee whose actions are found to have caused or contributed to the district board's violation of sub. (1), regardless of whether the employee is tenured, employed at will, or employed on a contract basis.

SB988,9,4 (b) An employee who has not previously been disciplined under par. (a) shall be placed on unpaid leave for the academic year that commences immediately after the violation of sub. (1). During this period of unpaid leave, neither the University of Wisconsin System nor any district board may hire the employee.

SB988,9,8 (c) An employee who has been disciplined under par. (a) within the immediately preceding 5-year period shall be terminated from employment, and the employee may not be rehired by the district board, or hired by any other district board or the University of Wisconsin System, within 5 years after the date of termination.

SB988,9,15 (d) In any proceeding to impose discipline under this subsection, a district board shall follow the same procedures established by the district board for other disciplinary matters of similar gravity, including notice and an opportunity for hearing, but any provision contrary to this subsection, including any provision relating to progressive discipline, shall not apply. An employee's actions that result in a violation of sub. (1) constitute just cause for the disciplinary actions against the employee under pars. (b) and (c).

SB988,3 Section 3 . 801.50 (5d) of the statutes is created to read:

SB988,9,18 801.50 (5d) Venue of an action under s. 36.13 (3) (a) or 38.235 (3) (a) shall be in the county designated by the plaintiff.

SB988,4 Section 4 . Initial applicability.

SB988,9,21 (1) This act first applies in the first semester or session beginning after the effective date of this subsection.

SB988,9,22 (End)