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(c) Peer-on-peer harassment.
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(d) Quid pro quo sexual harassment.
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(e) True threats.
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(f) An unjustifiable invasion of privacy or confidentiality not involving a matter
7of public concern.
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(g) An action that unlawfully disrupts the function of an institution.
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(h) A violation of a reasonable time, place, and manner restriction on expressive
10activities that is consistent with sub. (4) (a) 3.
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11(10) Enforcement. (a) A person whose expressive rights are violated by a
12violation of this section or the policy adopted under sub. (4) (a) may bring an action
13to enjoin the violation of this section or the policy.
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(b) In an action brought under par. (a), if the court finds that a violation
15occurred, the court shall award injunctive relief for the violation, and,
16notwithstanding s. 814.04 (1), reasonable attorney fees and costs. The court shall
17also award the actual damages caused by the violation or $1,000, whichever is
18greater.
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(c) A person specified in par. (a) shall bring an action for a violation within one
20year after the date the cause of action accrues. For the purpose of calculating the
21one-year limitation period, each day that the violation persists or each day that a
22policy in violation of this section remains in effect constitutes a new violation and
23shall be considered a day that the cause of action has accrued.
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(d) If a defendant prevails in an action brought under par. (a) and the court
25finds the action was frivolous or brought in bad faith, then, notwithstanding s. 814.04
1(1), the defendant shall recover reasonable attorney fees incurred in connection with
2defending the action.
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3Section
2. 36.35 (1) of the statutes is amended to read:
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36.35
(1) Power to suspend; rules. The board may delegate the power to
5suspend or expel students for misconduct or other cause prescribed by the board.
6Subject to sub. (4)
and s. 36.02 (4) (b), the board shall promulgate rules under ch. 227
7governing student conduct and procedures for the administration of violations.
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8Section 3
. 38.002 of the statutes is created to read:
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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.
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12(2) Short title. This section shall be known as the “Campus Free Speech Act.”
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13(3) Definitions. In this section:
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(a) “Materially and substantially disrupts” has the meaning given in s. 36.02
15(3) (b).
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(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.
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(c) “Quid pro quo sexual harassment” has the meaning given in s. 36.02 (3) (d).
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(d) “True threat” has the meaning given in s. 36.02 (3) (e).
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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:
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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.
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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.
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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.
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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.
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5. That the technical college campuses are open to any speaker whom students,
23student groups, or members of the faculty have invited.
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6. That the public areas of technical colleges are public forums and open on the
25same terms to any speaker.
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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.
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(b)
Discipline. The policy required under par. (a) shall satisfy all of the
5following: