AB553,,44 (6) Cause of action. (a) Any person identified in par. (b) may bring an action in circuit court against the board for violation of this section by an institution and may seek any of the following:

AB553,,45 1. An injunction against violation of this section.

AB553,,46 2. Recovery from the board of damages, court costs, and attorney fees for persons aggrieved by the violation.

AB553,,47 (b) Any of the following persons may bring an action under par. (a):

AB553,,48 1. The attorney general.

AB553,,49 2. A district attorney.

AB553,,50 3. Any person whose expressive rights were violated through the violation of this section.

AB553,,51 (c) Subject to par. (d), in an action brought under par. (a), if the court finds a violation, the court shall award to the plaintiffs all of the following:

AB553,,52 1. Total damages for all prevailing persons aggrieved by the violation of not less than $500 for the initial violation plus $50 for each day the violation remains ongoing, which shall accrue starting on the day after the complaint is served on the board.

AB553,,53 2. Notwithstanding s. 814.04 (1), court costs and reasonable attorney fees.

AB553,,54 (d) In an action brought under par. (a), the total damages, excluding court costs and attorney fees, that may be awarded to plaintiffs in a case or cases stemming from a single controversy may not exceed an aggregate amount of $100,000. In violations harming multiple plaintiffs, the court shall divide the damages equitably among them until the maximum award is exhausted, if applicable.

AB553,,55 (e) If a court awards to plaintiffs damages, court costs, or attorney fees in an action brought under this subsection, the board shall pay the total amount of the award from moneys allocated under s. 36.09 (1) (h) to the violating institution for the institution’s administrative expenses.

AB553,3 Section 3. 36.42 of the statutes is created to read:

AB553,,57 36.42 Due process guarantees in disciplinary proceedings. (1) Definitions. In this section:

AB553,,58 (a) “Disciplinary proceeding” means an investigatory interview or hearing, or any other procedure adopted and used by an institution, relating to an alleged violation that may result in disciplinary action against a student, employee, or organization.

AB553,,59 (b) “Employee” means a member of the faculty, academic staff, or university staff assigned to an institution. “Employee” also includes the institution’s graduate assistants and employees in training.

AB553,,60 (c) “Fully participate” includes having the opportunity to make opening and closing statements, to examine and cross-examine witnesses, and to provide the accuser or accused with support, guidance, and advice.

AB553,,61 (d) “Organization” means a student organization, employee organization, or independent organization that is officially recognized by an institution.

AB553,,62 (2) Due process guarantees. (a) A student who has enrolled in an institution has a property interest in maintaining the student’s status as a student that may be terminated against the student’s will only for due cause, including failure to meet academic standards, failure to pay academic fees, tuition, or other costs required for continued enrollment, failure to meet the institution’s attendance requirements, or a violation of the institution’s conduct rules. A student who is accused of a violation of disciplinary or conduct rules that carries a potential penalty of suspension of more than 9 days or expulsion shall have the right to be represented, at the student’s expense, by a licensed attorney or, if the student prefers, a non-attorney advocate, who shall be permitted to fully participate during the disciplinary proceeding.

AB553,,63 (b) In addition to any substantive or procedural rights set forth in an employee’s employment contract, an employee who is accused of a violation of disciplinary or conduct rules shall have the right to be represented, at the employee’s expense, by a licensed attorney or, if the employee prefers, a non-attorney advocate, who shall be permitted to fully participate during the disciplinary proceeding.

AB553,,64 (c) An organization that is accused of a violation of disciplinary or conduct rules shall have the right to be represented, at the organization’s expense, by a licensed attorney or, if the organization prefers, a non-attorney advocate, who shall be permitted to fully participate during the disciplinary proceeding.

AB553,,65 (d) If a disciplinary proceeding arises from a complaint by a student against a student, employee, or organization, the complaining student shall also have the right to be represented, at that student’s expense, by a licensed attorney or, if the complaining student prefers, a non-attorney advocate.

AB553,,66 (e) Prior to initiating a disciplinary proceeding or investigation, an institution shall notify the student, employee, or organization that a complaint has been made and inform the student, employee, or organization of his, her, or its due process rights.

AB553,,67 (f) In a disciplinary proceeding, an institution is not obligated to follow the state’s rules of evidence but shall make a good faith effort to include only relevant, probative evidence and shall exclude evidence that is neither relevant nor probative.

AB553,,68 (g) Before a disciplinary proceeding is scheduled, and at least 2 business days before a student, employee, or organization may be questioned by an institution or agent of the institution about allegations of violations of the institution’s disciplinary or conduct rules, the institution shall advise the student, employee, or organization in writing of the student’s, employee’s, or organization’s rights under this subsection.

AB553,,69 (h) The right of a student, employee, or organization to be represented by an attorney or a non-attorney advocate applies until the conclusion of any appellate process.

AB553,,70 (i) An institution shall ensure that all parties to a disciplinary proceeding, including the accused student, the accused employee, the accused organization, and, if applicable, the accusing student, have access to all material evidence, including both inculpatory and exculpatory evidence, not later than one week prior to the start of any formal hearing or similar adjudicatory proceeding. This evidence may include complainant statements, 3rd-party witness statements, electronically stored information, written communications, social media posts, and demonstrative evidence but may not include any materials that are privileged under applicable federal or state law.

AB553,,71 (j) An institution shall ensure that a disciplinary proceeding is carried out free from conflicts of interest by prohibiting overlap of administrative or adjudicative roles. An individual may not serve in more than one of the following roles:

AB553,,72 1. Counselor or advocate of the accuser or victim.