Amendment SSA1-SB403

SB403-SSA1,6,22 6. That the public areas of institutions are public forums and open on the same terms to any speaker.

SB403-SSA1,6,25 7. That each institution may not take action, as an institution, on the public policy controversies of the day in such a way as to require students or faculty to publicly express a given view of social policy.

SB403-SSA1,7,2 (b) Discipline. The policy required under par. (a) shall satisfy all of the following:

SB403-SSA1,7,5 1. Include a range of disciplinary sanctions for anyone under the jurisdiction of the institution who engages in violent or other disorderly conduct that materially and substantially disrupts the free expression of others.

SB403-SSA1,7,8 2. Provide that in all disciplinary cases involving expressive conduct, students are entitled to a disciplinary hearing under published procedures, including at least all of the following:

SB403-SSA1,7,9 a. The right to receive advanced written notice of the charges.

SB403-SSA1,7,10 b. The right to review the evidence in support of the charges.

SB403-SSA1,7,11 c. The right to confront witnesses against them.

SB403-SSA1,7,12 d. The right to present a defense.

SB403-SSA1,7,13 e. The right to call witnesses.

SB403-SSA1,7,14 f. A decision by an impartial arbiter or panel.

SB403-SSA1,7,15 g. The right of appeal.

SB403-SSA1,7,16 h. The right to active assistance of counsel.

SB403-SSA1,7,18 3. Require informing a student that he or she has the option to record his or her disciplinary hearing under subd. 2.

SB403-SSA1,7,20 4. Require a formal investigation and disciplinary hearing the 2nd time a student is alleged to have interfered with the expressive rights of others.

SB403-SSA1,7,23 5. Require suspension for a minimum of one semester of any student who has twice been found responsible for interfering with the expressive rights of others at any time during the student's enrollment.

SB403-SSA1,8,3 6. Require the expulsion of any student who has thrice been found responsible for interfering with the expressive rights of others at any time during the student's enrollment.

SB403-SSA1,8,5 (c) Reporting. The policy required under par. (a) shall include requirements and procedures for all of the following:

SB403-SSA1,8,7 1. Allowing any person to make a report that another person has violated this section or the policy.

SB403-SSA1,8,9 2. Requiring a formal investigation and disciplinary hearing if 2 or more reports are made regarding the same person's violation of this section or the policy.

SB403-SSA1,8,15 (d) Inconsistent policies and rules. The policy required under par. (a) supersedes and nullifies any prior provisions in the policies and rules of the Board of Regents or an institution that restrict speech on campus and are, therefore, inconsistent with the policy. The Board of Regents and each institution shall remove or revise any such provisions in its policies and rules to ensure compatibility with the policy required under par. (a).

SB403-SSA1,8,19 (5) Legislative report. (a) Annually, no later than September 1, the Board of Regents shall submit to the governor and the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under s. 13.172 (3), a report that includes all of the following:

SB403-SSA1,8,21 1. A description of any barriers to or disruptions of free expression within institutions.

SB403-SSA1,8,24 2. A description of the administrative handling and discipline relating to disruptions or barriers described in subd. 1. and a description of all disciplinary hearings involving expressive conduct and the outcomes of those hearings.

SB403-SSA1,9,3 3. A description of substantial difficulties, controversies, or successes in maintaining a posture of administrative and institutional neutrality with regard to political or social issues.

SB403-SSA1,9,5 4. Any assessments, criticisms, commendations, or recommendations the Board of Regents sees fit to include in the report.

SB403-SSA1,9,7 (b) Each standing committee that receives a report under par. (a) shall hold a public hearing before taking any action regarding that report.

SB403-SSA1,9,9 (c) The Board of Regents shall make the report required under par. (a) available to the public on the system's Internet site.

SB403-SSA1,9,12 (6) Notice; orientation; training. (a) Upon adoption of the policy required under sub. (4) (a), the Board of Regents shall provide a notice to all students enrolled in the system informing the students about the policy.

SB403-SSA1,9,17 (b) Each institution shall include in orientation programs for freshmen and transfer students a section describing the policies and rules regarding free expression consistent with this section. Upon hiring, each institution shall provide training to employees on those policies and rules. Each institution shall provide annual training to instructors on those policies and rules.

SB403-SSA1,9,19 (7) Rules. The Board of Regents may promulgate rules to further the purposes of the policy required under sub. (4) (a).

SB403-SSA1,9,21 (8) Construction. Nothing in this section shall be construed to prevent institutions from regulating student speech or activity that is prohibited by law.

SB403-SSA1,9,25 (9) Restriction of student expression. Except as further limited by this section, institutions may restrict student expression only for expressive activity not protected by the First Amendment of the U.S. Constitution, including any of the following:

SB403-SSA1,10,1 (a) Violations of state or federal law.

SB403-SSA1,10,2 (b) Expression that a court has deemed unprotected defamation.

SB403-SSA1,10,3 (c) Peer-on-peer harassment.

SB403-SSA1,10,4 (d) Quid pro quo sexual harassment.

SB403-SSA1,10,5 (e) True threats.

SB403-SSA1,10,7 (f) An unjustifiable invasion of privacy or confidentiality not involving a matter of public concern.

SB403-SSA1,10,8 (g) An action that unlawfully disrupts the function of an institution.

SB403-SSA1,10,10 (h) A violation of a reasonable time, place, and manner restriction on expressive activities that is consistent with sub. (4) (a) 3.

SB403-SSA1,10,13 (10) Enforcement. (a) A person whose expressive rights are violated by a violation of this section or the policy adopted under sub. (4) (a) may bring an action to enjoin the violation of this section or the policy.

SB403-SSA1,10,18 (b) In an action brought under par. (a), if the court finds that a violation occurred, the court shall award injunctive relief for the violation, and, notwithstanding s. 814.04 (1), reasonable attorney fees and costs. The court shall also award the actual damages caused by the violation or $1,000, whichever is greater.

SB403-SSA1,10,23 (c) A person specified in par. (a) shall bring an action for a violation within one year after the date the cause of action accrues. For the purpose of calculating the one-year limitation period, each day that the violation persists or each day that a policy in violation of this section remains in effect constitutes a new violation and shall be considered a day that the cause of action has accrued.

SB403-SSA1,11,2 (d) If a defendant prevails in an action brought under par. (a) and the court finds the action was frivolous or brought in bad faith, then, notwithstanding s. 814.04 (1), the defendant shall recover reasonable attorney fees incurred in connection with defending the action.

SB403-SSA1,2 Section 2. 36.35 (1) of the statutes is amended to read:

SB403-SSA1,11,7 36.35 (1) Power to suspend; rules. The board may delegate the power to suspend or expel students for misconduct or other cause prescribed by the board. Subject to sub. (4) and s. 36.02 (4) (b), the board shall promulgate rules under ch. 227 governing student conduct and procedures for the administration of violations.

SB403-SSA1,3 Section 3 . 38.002 of the statutes is created to read:

SB403-SSA1,11,11 38.002 Campus free speech. (1) Legislative findings. The legislative findings regarding the institutions of the University of Wisconsin System under s. 36.02 (1) apply with equal force to technical colleges.

SB403-SSA1,11,12 (2) Short title. This section shall be known as the “Campus Free Speech Act.”

SB403-SSA1,11,13 (3) Definitions. In this section:

SB403-SSA1,11,15 (a) “Materially and substantially disrupts” has the meaning given in s. 36.02 (3) (b).

SB403-SSA1,11,18 (b) “Peer-on-peer harassment” has the meaning given in s. 36.02 (3) (c), except that, for purposes of this section, the word institution in s. 36.02 (3) (c) means a technical college.

SB403-SSA1,11,19 (c) “Quid pro quo sexual harassment” has the meaning given in s. 36.02 (3) (d).

SB403-SSA1,11,20 (d) “True threat” has the meaning given in s. 36.02 (3) (e).

SB403-SSA1,11,23 (4) Free expression policy. (a) Statements. No later than 120 days after the effective date of this paragraph .... [LRB inserts date], the board shall develop and adopt a policy on free expression that contains statements of at least all the following:

SB403-SSA1,12,3 1. That the primary function of a technical college is the discovery, improvement, transmission, and dissemination of knowledge by means of research, teaching, discussion, and debate. This statement shall provide that, to fulfill this function, a technical college must strive to ensure the fullest degree of intellectual freedom and free expression.

SB403-SSA1,12,6 2. That it is not the proper role of a technical college to shield individuals from speech protected by the First Amendment of the U.S. Constitution, including ideas and opinions they find unwelcome, disagreeable, or even deeply offensive.

SB403-SSA1,12,16 3. That students and faculty have the freedom to discuss any problem that presents itself, as the First Amendment of the U.S. Constitution permits and within the limits of reasonable viewpoint-neutral and content-neutral restrictions on time, place, and manner of expression that are consistent with this section and that are in furtherance of a significant technical college interest, provided that these restrictions are clear, published, and provide ample alternative means of expression. Students and faculty shall be permitted to assemble and engage in spontaneous expressive activity as long as such activity is not unlawful and does not materially and substantially disrupt the functioning of a technical college, subject to the requirements of this section.

SB403-SSA1,12,21 4. That any person lawfully present on campus may protest or demonstrate there. This statement shall make clear that persons may not engage in conduct that materially and substantially disrupts another's expressive activity if that activity is occurring in a campus space reserved for that activity under the exclusive control of a particular group.

SB403-SSA1,12,23 5. That the technical college campuses are open to any speaker whom students, student groups, or members of the faculty have invited.

SB403-SSA1,12,25 6. That the public areas of technical colleges are public forums and open on the same terms to any speaker.

SB403-SSA1,13,3 7. That each technical college may not take action, as an institution, on the public policy controversies of the day in such a way as to require students or faculty to publicly express a given view of social policy.

SB403-SSA1,13,5 (b) Discipline. The policy required under par. (a) shall satisfy all of the following:

SB403-SSA1,13,8 1. Include a range of disciplinary sanctions for anyone under the jurisdiction of the technical college who engages in violent or other disorderly conduct that materially and substantially disrupts the free expression of others.

SB403-SSA1,13,11 2. Provide that in all disciplinary cases involving expressive conduct, students are entitled to a disciplinary hearing under published procedures, including at least all of the following:

SB403-SSA1,13,12 a. The right to receive advanced written notice of the charges.

SB403-SSA1,13,13 b. The right to review the evidence in support of the charges.

SB403-SSA1,13,14 c. The right to confront witnesses against them.

SB403-SSA1,13,15 d. The right to present a defense.

SB403-SSA1,13,16 e. The right to call witnesses.

SB403-SSA1,13,17 f. A decision by an impartial arbiter or panel.

SB403-SSA1,13,18 g. The right of appeal.

SB403-SSA1,13,19 h. The right to active assistance of counsel.

SB403-SSA1,13,21 3. Require informing a student that he or she has the option to record his or her disciplinary hearing under subd. 2.

SB403-SSA1,13,23 4. Require a formal investigation and disciplinary hearing the 2nd time a student is alleged to have interfered with the expressive rights of others.

SB403-SSA1,14,3 5. Require suspension for a minimum of one semester of any student who has twice been found responsible for interfering with the expressive rights of others at any time during the student's enrollment.

SB403-SSA1,14,6 6. Require the expulsion of any student who has thrice been found responsible for interfering with the expressive rights of others at any time during the student's enrollment.

SB403-SSA1,14,8 (c) Reporting. The policy required under par. (a) shall include requirements and procedures for all of the following:

SB403-SSA1,14,10 1. Allowing any person to make a report that another person has violated this section or the policy.

SB403-SSA1,14,12 2. Requiring a formal investigation and disciplinary hearing if 2 or more reports are made regarding the same person's violation of this section or the policy.

SB403-SSA1,14,18 (d) Inconsistent policies and rules. The policy required under par. (a) supersedes and nullifies any prior provisions in the policies and rules of the board, a technical college district, or a technical college that restrict speech on campus and are, therefore, inconsistent with the policy. The board and each technical college district and technical college shall remove or revise any such provisions in its policies and rules to ensure compatibility with the policy required under par. (a).

SB403-SSA1,14,22 (5) Legislative report. (a) Annually, no later than September 1, the board shall submit to the governor and the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under s. 13.172 (3), a report that includes all of the following:

SB403-SSA1,14,24 1. A description of any barriers to or disruptions of free expression within technical colleges.

SB403-SSA1,15,3 2. A description of the administrative handling and discipline relating to disruptions or barriers described in subd. 1. and a description of all disciplinary hearings involving expressive conduct and the outcomes of those hearings.

SB403-SSA1,15,6 3. A description of substantial difficulties, controversies, or successes in maintaining a posture of administrative and institutional neutrality with regard to political or social issues.

SB403-SSA1,15,8 4. Any assessments, criticisms, commendations, or recommendations the board sees fit to include in the report.

SB403-SSA1,15,10 (b) Each standing committee that receives a report under par. (a) shall hold a public hearing before taking any action regarding that report.

SB403-SSA1,15,12 (c) The board shall make the report required under par. (a) available to the public on the technical college system's Internet site.