SB403-SSA1,4,22 2. Minor, brief, or fleeting nonviolent disruptions of events that are isolated and short in duration.

SB403-SSA1,5,4 (c) “Peer-on-peer harassment” means conduct directed by one student towards another individual student, on the basis of that other student's race, color, creed, religion, political views, sex, national origin, disability, ancestry, age, sexual orientation, gender identity, pregnancy, marital status, parental status, or military status, that is so severe, pervasive, and objectively offensive that it effectively deprives the victim of access to the educational opportunities or benefits provided by an institution.

SB403-SSA1,5,9 (d) “Quid pro quo sexual harassment” means explicitly or implicitly conditioning a student's participation in an education program or activity or basing an educational decision on the student's submission to unwelcome sexual advances, requests for sexual favors, or other verbal, nonverbal, or physical conduct of a sexual nature.

SB403-SSA1,5,16 (e) “True threat” means a statement that a speaker would reasonably foresee that a listener would reasonably interpret as a serious expression of an intent to commit an unlawful act of violence to a particular individual or group of individuals, as distinguished from hyperbole, jest, innocuous talk, expressions of political views, or other speech that is similarly protected under the First Amendment of the U.S. Constitution, regardless of whether the speaker has the ability to carry out the threat.

SB403-SSA1,5,20 (4) Free expression policy. (a) Statements. No later than 120 days after the effective date of this paragraph .... [LRB inserts date], the Board of Regents shall develop and adopt a policy on free expression that contains statements of at least all the following:

SB403-SSA1,5,25 1. That the primary function of an institution is the discovery, improvement, transmission, and dissemination of knowledge by means of research, teaching, discussion, and debate. This statement shall provide that, to fulfill this function, an institution must strive to ensure the fullest degree of intellectual freedom and free expression.

SB403-SSA1,6,3 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, including ideas and opinions they find unwelcome, disagreeable, or even deeply offensive.

SB403-SSA1,6,13 3. That students and faculty have the freedom to discuss any problem that presents itself, as the First Amendment of the U.S. Constitution permits and within the limits of reasonable viewpoint-neutral and content-neutral restrictions on time, place, and manner of expression that are consistent with this section and that are in furtherance of a significant institutional interest, provided that these restrictions are clear, published, and provide ample alternative means of expression. Students and faculty shall be permitted to assemble and engage in spontaneous expressive activity as long as such activity is not unlawful and does not materially and substantially disrupt the functioning of an institution, subject to the requirements of this section.

SB403-SSA1,6,18 4. That any person lawfully present on campus may protest or demonstrate there. This statement shall make clear that persons may not engage in conduct that materially and substantially disrupts another's expressive activity if that activity is occurring in a campus space reserved for that activity under the exclusive control of a particular group.

SB403-SSA1,6,20 5. That the campuses of the institution are open to any speaker whom students, student groups, or members of the faculty have invited.

SB403-SSA1,6,22 6. That the public areas of institutions are public forums and open on the same terms to any speaker.

SB403-SSA1,6,25 7. That each institution may not take action, as an institution, on the public policy controversies of the day in such a way as to require students or faculty to publicly express a given view of social policy.

SB403-SSA1,7,2 (b) Discipline. The policy required under par. (a) shall satisfy all of the following:

SB403-SSA1,7,5 1. Include a range of disciplinary sanctions for anyone under the jurisdiction of the institution who engages in violent or other disorderly conduct that materially and substantially disrupts the free expression of others.

SB403-SSA1,7,8 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-SSA1,7,9 a. The right to receive advanced written notice of the charges.

SB403-SSA1,7,10 b. The right to review the evidence in support of the charges.

SB403-SSA1,7,11 c. The right to confront witnesses against them.

SB403-SSA1,7,12 d. The right to present a defense.

SB403-SSA1,7,13 e. The right to call witnesses.

SB403-SSA1,7,14 f. A decision by an impartial arbiter or panel.

SB403-SSA1,7,15 g. The right of appeal.

SB403-SSA1,7,16 h. The right to active assistance of counsel.

SB403-SSA1,7,18 3. Require informing a student that he or she has the option to record his or her disciplinary hearing under subd. 2.

SB403-SSA1,7,20 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-SSA1,7,23 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-SSA1,8,3 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-SSA1,8,5 (c) Reporting. The policy required under par. (a) shall include requirements and procedures for all of the following:

SB403-SSA1,8,7 1. Allowing any person to make a report that another person has violated this section or the policy.