SB403: Bill Text

SB403,6,12 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:

SB403,6,13 a. The right to receive advanced written notice of the charges.

SB403,6,14 b. The right to review the evidence in support of the charges.

SB403,6,15 c. The right to confront witnesses against them.

SB403,6,16 d. The right to present a defense.

SB403,6,17 e. The right to call witnesses.

SB403,6,18 f. A decision by an impartial arbiter or panel.

SB403,6,19 g. The right of appeal.

SB403,6,20 h. The right to active assistance of counsel.

SB403,6,22 3. Require informing a student that he or she has the option to record his or her disciplinary hearing under subd. 2.

SB403,6,24 4. Require a formal investigation and disciplinary hearing the 2nd time a student is alleged to have interfered with the expressive rights of others.

SB403,7,3 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.

SB403,7,6 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.

SB403,7,8 (c) Reporting. The policy required under par. (a) shall include requirements and procedures for all of the following:

SB403,7,10 1. Allowing any person to make a report that another person has violated this section or the policy.

SB403,7,12 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.

SB403,7,18 (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 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 the policy required under par. (a).

SB403,7,22 (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:

SB403,7,24 1. A description of any barriers to or disruptions of free expression within institutions.

SB403,8,3 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.

SB403,8,6 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.

SB403,8,8 4. Any assessments, criticisms, commendations, or recommendations the Board of Regents sees fit to include in the report.

SB403,8,10 (b) Each standing committee that receives a report under par. (a) shall hold a public hearing before taking any action regarding that report.

SB403,8,12 (c) The Board of Regents shall make the report required under par. (a) available to the public on the system's Internet site.

SB403,8,15 (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.

SB403,8,20 (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.

SB403,8,22 (7) Rules. The Board of Regents may promulgate rules to further the purposes of the policy required under sub. (4) (a).

SB403,8,24 (8) Construction. Nothing in this section shall be construed to prevent institutions from regulating student speech or activity that is prohibited by law.

SB403,9,4 (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:

SB403,9,5 (a) Violations of state or federal law.

SB403,9,6 (b) Expression that a court has deemed unprotected defamation.

SB403,9,7 (c) Peer-on-peer harassment.

SB403,9,8 (d) Quid pro quo sexual harassment.

SB403,9,9 (e) True threats.

SB403,9,11 (f) An unjustifiable invasion of privacy or confidentiality not involving a matter of public concern.

SB403,9,12 (g) An action that unlawfully disrupts the function of an institution.

SB403,9,14 (h) A violation of a reasonable time, place, and manner restriction on expressive activities that is consistent with sub. (4) (a) 3.

SB403,9,17 (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.

SB403,9,22 (b) In an action brought under par. (a), if the court finds that a violation of this subsection 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.

SB403,9,25 (c) A person specified in par. (a) shall bring an action for a violation of this subsection 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 subsection remains in effect constitutes a new violation of this subsection and shall be considered a day that the cause of action has accrued.

SB403,10,7 (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.

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

SB403,10,12 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.

SB403,3 Section 3 . 227.01 (13) (Lo) of the statutes is created to read:

SB403,10,14 227.01 (13) (Lo) Adopts the policy required under s. 36.02 (4) (a).

SB403,10,15 (End)