February 1, 2024 - Introduced by Senator Nass, cosponsored by Representatives Moses, Murphy, Nedweski, Callahan, O’Connor, Brandtjen, Dittrich, Green and Maxey. Referred to Committee on Universities and Revenue.
SB988,,22An Act to create 36.13, 38.235 and 801.50 (5d) of the statutes; relating to: prohibiting University of Wisconsin System institutions and technical colleges from using loyalty pledges and requiring them to make certain information publicly available. SB988,,33Analysis by the Legislative Reference Bureau This bill prohibits University of Wisconsin System institutions and technical colleges from conditioning student admission, conditioning the recognition or funding of student organizations, or conditioning faculty hiring, reappointment, annual review, performance review, or promotion on a person’s or student organization’s pledging allegiance to or making a statement of personal support for or opposition to any political ideology or movement, including a pledge or statement regarding diversity, equity, inclusion, or related topics (loyalty pledge). This prohibition also applies to an institutional review board associated with the UW System institution or technical college, which may not condition research approval for a researcher on a loyalty pledge. The bill also prohibits each UW System institution and technical college from requesting or requiring such a loyalty pledge or, if the institution or technical college receives such a loyalty pledge, from taking action on the basis of the viewpoints expressed in it. The bill provides a private right of action allowing an applicant for admission, student, student organization, faculty member, or prospective faculty member to bring a civil action for a violation against the UW System institution or technical college or its employees whose actions caused or contributed to the violation. The plaintiff may seek injunctive relief and damages in court and, if successful, is entitled to reasonable attorney fees. The bill specifies certain examples of injunctive relief available to plaintiffs, including admission as a student, rehiring, or promotion to tenure. An employee of a UW System institution or technical college whose actions caused a violation must be placed on unpaid leave for the following academic year, except the employee must be terminated if the employee caused a prior violation within the preceding five years. The bill also allows the attorney general to file an injunction action against a violating UW System institution or technical college.
The bill requires each UW System institution and technical college to post and make publicly available on its website all training materials used for students, faculty, and staff, and all policies and guidance, on all matters of nondiscrimination, diversity, equity, inclusion, race, ethnicity, sex, or bias.
SB988,,44The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SB988,15Section 1. 36.13 of the statutes is created to read: SB988,,6636.13 Loyalty pledges. (1) (a) Subject to par. (c), neither an institution nor an institutional review board associated with an institution may do any of the following: SB988,,771. Condition admission of or financial aid to an applicant on the applicant’s pledging allegiance to or making a statement of personal support for or opposition to any political ideology or movement, including a pledge or statement regarding diversity, equity, inclusion, or related topics.