September 16, 2019 - Introduced by Senators Kapenga, Stroebel, Bernier, Craig
and Olsen, cosponsored by Representatives Horlacher, Vos, Murphy, Allen,
Brandtjen, Dittrich, Duchow, Edming, Felzkowski, Gundrum, James,
Katsma, Kitchens, Knodl, Krug, Kuglitsch, Kulp, Macco, Magnafici,
Quinn, Ramthun, Rohrkaste, Skowronski, Sortwell, Steffen, Tauchen,
Thiesfeldt and Tusler. Referred to Committee on Universities, Technical
Colleges, Children and Families.

This bill requires the Board of Regents of the University of Wisconsin System
to adopt a policy on free expression that applies at the four-year and two-year
institutions of the system and supersedes and nullifies any prior Board of Regents
or institution policies or rules restricting free expression. The bill allows the Board
of Regents to adopt the policy without promulgating rules and requires the policy to
be adopted no later than 120 days after the bill's effective date. The policy must
contain statements regarding the following: 1) that the primary function of an
institution is the discovery, improvement, transmission, and dissemination of
knowledge; 2) that it is not the proper role of an institution to shield individuals from
speech protected by the First Amendment of the U.S. Constitution; 3) that students
and faculty have the freedom to discuss any problem as permitted by the First
Amendment and within specified limits; 4) that any person lawfully present on
campus may protest or demonstrate, but that protests and demonstrations that
interfere with the expressive rights of others are subject to sanction; 5) that
campuses are open to invited speakers; 6) that public areas are public forums and
open on the same terms to any speaker; and 7) that institutions must remain neutral
on public policy controversies.

The policy must include a range of disciplinary sanctions for anyone under an
institution's jurisdiction who engages in violent or other disorderly conduct that
materially and substantially disrupts the free expression of others. In addition, the
policy must provide that in disciplinary cases involving expressive conduct, students
are entitled to a disciplinary hearing under published procedures that include
specified rights. The policy must require a formal investigation and disciplinary
hearing the second time a student is alleged to have interfered with the expressive
rights of others. If a student is twice found responsible for interfering with the
expressive rights of others at any time during his or her enrollment, the student must
be suspended for a minimum of one semester. If a student is found responsible for
such interference a third time, the student must be expelled.

The bill also requires the policy to allow any person to make a report that
another person has violated the policy. In addition, a formal investigation and
disciplinary hearing is required if two or more such reports are made regarding the
same person.

The bill provides that institutions may restrict student expression only for
expressive activity that is not protected by the First Amendment, including state or
federal law violations, defamation, specified types of harassment and threats,
certain invasions of privacy or confidentiality, and violations of reasonable time,
place, or manner restrictions on expressive activities.

The bill also requires the Board of Regents to make annual reports to the
legislature and governor that describe institutional neutrality, free expression
barriers and disruptions, and administrative handling and discipline relating to
those barriers and disruptions. Before a legislative standing committee can take any
action regarding a report, the bill requires the committee to hold a public hearing.