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AB444-ASA1,3 8Section 3 . 38.002 of the statutes is created to read:
AB444-ASA1,11,11 938.002 Campus free speech. (1) Legislative findings. The legislative
10findings regarding the institutions of the University of Wisconsin System under s.
1136.02 (1) apply with equal force to technical colleges.
AB444-ASA1,11,12 12(2) Short title. This section shall be known as the “Campus Free Speech Act.”
AB444-ASA1,11,13 13(3) Definitions. In this section:
AB444-ASA1,11,1514 (a) “Materially and substantially disrupts” has the meaning given in s. 36.02
15(3) (b).
AB444-ASA1,11,1816 (b) “Peer-on-peer harassment” has the meaning given in s. 36.02 (3) (c), except
17that, for purposes of this section, the word institution in s. 36.02 (3) (c) means a
18technical college.
AB444-ASA1,11,1919 (c) “Quid pro quo sexual harassment” has the meaning given in s. 36.02 (3) (d).
AB444-ASA1,11,2020 (d) “True threat” has the meaning given in s. 36.02 (3) (e).
AB444-ASA1,11,23 21(4) Free expression policy. (a) Statements. No later than 120 days after the
22effective date of this paragraph .... [LRB inserts date], the board shall develop and
23adopt a policy on free expression that contains statements of at least all the following:
AB444-ASA1,12,324 1. That the primary function of a technical college is the discovery,
25improvement, transmission, and dissemination of knowledge by means of research,

1teaching, discussion, and debate. This statement shall provide that, to fulfill this
2function, a technical college must strive to ensure the fullest degree of intellectual
3freedom and free expression.
AB444-ASA1,12,64 2. That it is not the proper role of a technical college to shield individuals from
5speech protected by the First Amendment of the U.S. Constitution, including ideas
6and opinions they find unwelcome, disagreeable, or even deeply offensive.
AB444-ASA1,12,167 3. That students and faculty have the freedom to discuss any problem that
8presents itself, as the First Amendment of the U.S. Constitution permits and within
9the limits of reasonable viewpoint-neutral and content-neutral restrictions on time,
10place, and manner of expression that are consistent with this section and that are
11in furtherance of a significant technical college interest, provided that these
12restrictions are clear, published, and provide ample alternative means of expression.
13Students and faculty shall be permitted to assemble and engage in spontaneous
14expressive activity as long as such activity is not unlawful and does not materially
15and substantially disrupt the functioning of a technical college, subject to the
16requirements of this section.
AB444-ASA1,12,2117 4. That any person lawfully present on campus may protest or demonstrate
18there. This statement shall make clear that persons may not engage in conduct that
19materially and substantially disrupts another's expressive activity if that activity is
20occurring in a campus space reserved for that activity under the exclusive control of
21a particular group.
AB444-ASA1,12,2322 5. That the technical college campuses are open to any speaker whom students,
23student groups, or members of the faculty have invited.
AB444-ASA1,12,2524 6. That the public areas of technical colleges are public forums and open on the
25same terms to any speaker.
AB444-ASA1,13,3
17. That each technical college may not take action, as an institution, on the
2public policy controversies of the day in such a way as to require students or faculty
3to publicly express a given view of social policy.
AB444-ASA1,13,54 (b) Discipline. The policy required under par. (a) shall satisfy all of the
5following:
AB444-ASA1,13,86 1. Include a range of disciplinary sanctions for anyone under the jurisdiction
7of the technical college who engages in violent or other disorderly conduct that
8materially and substantially disrupts the free expression of others.
AB444-ASA1,13,119 2. Provide that in all disciplinary cases involving expressive conduct, students
10are entitled to a disciplinary hearing under published procedures, including at least
11all of the following:
AB444-ASA1,13,1212 a. The right to receive advanced written notice of the charges.
AB444-ASA1,13,1313 b. The right to review the evidence in support of the charges.
AB444-ASA1,13,1414 c. The right to confront witnesses against them.
AB444-ASA1,13,1515 d. The right to present a defense.
AB444-ASA1,13,1616 e. The right to call witnesses.
AB444-ASA1,13,1717 f. A decision by an impartial arbiter or panel.
AB444-ASA1,13,1818 g. The right of appeal.
AB444-ASA1,13,1919 h. The right to active assistance of counsel.
AB444-ASA1,13,2120 3. Require informing a student that he or she has the option to record his or her
21disciplinary hearing under subd. 2.
AB444-ASA1,13,2322 4. Require a formal investigation and disciplinary hearing the 2nd time a
23student is alleged to have interfered with the expressive rights of others.
AB444-ASA1,14,3
15. Require suspension for a minimum of one semester of any student who has
2twice been found responsible for interfering with the expressive rights of others at
3any time during the student's enrollment.
AB444-ASA1,14,64 6. Require the expulsion of any student who has thrice been found responsible
5for interfering with the expressive rights of others at any time during the student's
6enrollment.
AB444-ASA1,14,87 (c) Reporting. The policy required under par. (a) shall include requirements
8and procedures for all of the following:
AB444-ASA1,14,109 1. Allowing any person to make a report that another person has violated this
10section or the policy.
AB444-ASA1,14,1211 2. Requiring a formal investigation and disciplinary hearing if 2 or more
12reports are made regarding the same person's violation of this section or the policy.
AB444-ASA1,14,1813 (d) Inconsistent policies and rules. The policy required under par. (a)
14supersedes and nullifies any prior provisions in the policies and rules of the board,
15a technical college district, or a technical college that restrict speech on campus and
16are, therefore, inconsistent with the policy. The board and each technical college
17district and technical college shall remove or revise any such provisions in its policies
18and rules to ensure compatibility with the policy required under par. (a).
AB444-ASA1,14,22 19(5) Legislative report. (a) Annually, no later than September 1, the board
20shall submit to the governor and the chief clerk of each house of the legislature, for
21distribution to the appropriate standing committees under s. 13.172 (3), a report that
22includes all of the following:
AB444-ASA1,14,2423 1. A description of any barriers to or disruptions of free expression within
24technical colleges.
AB444-ASA1,15,3
12. A description of the administrative handling and discipline relating to
2disruptions or barriers described in subd. 1. and a description of all disciplinary
3hearings involving expressive conduct and the outcomes of those hearings.
AB444-ASA1,15,64 3. A description of substantial difficulties, controversies, or successes in
5maintaining a posture of administrative and institutional neutrality with regard to
6political or social issues.
AB444-ASA1,15,87 4. Any assessments, criticisms, commendations, or recommendations the
8board sees fit to include in the report.
AB444-ASA1,15,109 (b) Each standing committee that receives a report under par. (a) shall hold a
10public hearing before taking any action regarding that report.
AB444-ASA1,15,1211 (c) The board shall make the report required under par. (a) available to the
12public on the technical college system's Internet site.
AB444-ASA1,15,15 13(6) Notice; orientation; training. (a) Upon adoption of the policy required
14under sub. (4) (a), the board shall provide a notice to all students enrolled in the
15technical college system informing the students about the policy.
AB444-ASA1,15,2016 (b) Each technical college shall include in orientation programs for freshmen
17and transfer students a section describing the policies and rules regarding free
18expression consistent with this section. Upon hiring, each technical college shall
19provide training to employees on those policies and rules. Each technical college
20shall provide annual training to instructors on those policies and rules.
AB444-ASA1,15,22 21(7) Rules. The board may promulgate rules to further the purposes of the
22policy required under sub. (4) (a).
AB444-ASA1,15,25 23(8) Construction. Nothing in this section shall be construed to prevent
24technical colleges from regulating student speech or activity that is prohibited by
25law.
AB444-ASA1,16,4
1(9) Restriction of student expression. Except as further limited by this
2section, technical colleges may restrict student expression only for expressive
3activity not protected by the First Amendment of the U.S. Constitution, including
4any of the following:
AB444-ASA1,16,55 (a) Violations of state or federal law.
AB444-ASA1,16,66 (b) Expression that a court has deemed unprotected defamation.
AB444-ASA1,16,77 (c) Peer-on-peer harassment.
AB444-ASA1,16,88 (d) Quid pro quo sexual harassment.
AB444-ASA1,16,99 (e) True threats.
AB444-ASA1,16,1110 (f) An unjustifiable invasion of privacy or confidentiality not involving a matter
11of public concern.
AB444-ASA1,16,1212 (g) An action that unlawfully disrupts the function of a technical college.
AB444-ASA1,16,1413 (h) A violation of a reasonable time, place, and manner restriction on expressive
14activities that is consistent with sub. (4) (a) 3.
AB444-ASA1,16,17 15(10) Enforcement. (a) A person whose expressive rights are violated by a
16violation of this section or the policy adopted under sub. (4) (a) may bring an action
17to enjoin the violation of this section or the policy.
AB444-ASA1,16,2218 (b) In an action brought under par. (a), if the court finds that a violation
19occurred, the court shall award injunctive relief for the violation, and,
20notwithstanding s. 814.04 (1), reasonable attorney fees and costs. The court shall
21also award the actual damages caused by the violation or $1,000, whichever is
22greater.
AB444-ASA1,17,223 (c) A person specified in par. (a) shall bring an action for a violation within one
24year after the date the cause of action accrues. For the purpose of calculating the
25one-year limitation period, each day that the violation persists or each day that a

1policy in violation of this section remains in effect constitutes a new violation and
2shall be considered a day that the cause of action has accrued.
AB444-ASA1,17,63 (d) If a defendant prevails in an action brought under par. (a) and the court
4finds the action was frivolous or brought in bad faith, then, notwithstanding s. 814.04
5(1), the defendant shall recover reasonable attorney fees incurred in connection with
6defending the action.
AB444-ASA1,4 7Section 4 . 227.01 (13) (Lo) of the statutes is created to read:
AB444-ASA1,17,88 227.01 (13) (Lo) Adopts a policy required under s. 36.02 (4) (a) or 38.002 (4) (a).
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