Amendment SSA1-SB403

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.

SB403-SSA1,15,15 (6) Notice; orientation; training. (a) Upon adoption of the policy required under sub. (4) (a), the board shall provide a notice to all students enrolled in the technical college system informing the students about the policy.

SB403-SSA1,15,20 (b) Each technical college 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 technical college shall provide training to employees on those policies and rules. Each technical college shall provide annual training to instructors on those policies and rules.

SB403-SSA1,15,22 (7) Rules. The board may promulgate rules to further the purposes of the policy required under sub. (4) (a).

SB403-SSA1,15,25 (8) Construction. Nothing in this section shall be construed to prevent technical colleges from regulating student speech or activity that is prohibited by law.

SB403-SSA1,16,4 (9) Restriction of student expression. Except as further limited by this section, technical colleges 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-SSA1,16,5 (a) Violations of state or federal law.

SB403-SSA1,16,6 (b) Expression that a court has deemed unprotected defamation.

SB403-SSA1,16,7 (c) Peer-on-peer harassment.

SB403-SSA1,16,8 (d) Quid pro quo sexual harassment.

SB403-SSA1,16,9 (e) True threats.

SB403-SSA1,16,11 (f) An unjustifiable invasion of privacy or confidentiality not involving a matter of public concern.

SB403-SSA1,16,12 (g) An action that unlawfully disrupts the function of a technical college.

SB403-SSA1,16,14 (h) A violation of a reasonable time, place, and manner restriction on expressive activities that is consistent with sub. (4) (a) 3.

SB403-SSA1,16,17 (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-SSA1,16,22 (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-SSA1,17,2 (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-SSA1,17,6 (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-SSA1,4 Section 4 . 227.01 (13) (Lo) of the statutes is created to read:

SB403-SSA1,17,8 227.01 (13) (Lo) Adopts a policy required under s. 36.02 (4) (a) or 38.002 (4) (a).

SB403-SSA1,17,9 (End)