AB553,,25 6. Sanction individuals or groups for discriminatory harassment unless the speech targets its victim on the basis of the victim’s membership in a class protected under federal, state, or local law, and is so severe, pervasive, and objectively offensive that it effectively bars a student from receiving equal access to educational opportunities or benefits. This subdivision does not preclude an institution from providing additional resources to a student affected by speech that cannot be sanctioned under this subdivision or from taking nonpunitive actions.

AB553,,26 (b) All indoor areas that have been designated as public forums and outdoor public areas generally accessible to the public and operated by an institution or under the institution’s jurisdiction, except classrooms while they are in use for instructional purposes, shall be governed by rules applicable to traditional public forums.

AB553,,27 (c) 1. Nothing in this section enables individuals to engage in conduct that intentionally, materially, and substantially disrupts another’s expressive activity if that activity is occurring in a campus space reserved for that activity under the exclusive use or control of a particular group.

AB553,,28 2. For purposes of subd. 1., and subject to subd. 3., “materially and substantially disrupts” means when a person, with the intent or knowledge of doing so, significantly hinders another person’s or group’s expressive activity, prevents the communication of the message, or prevents the transaction of the business of a lawful meeting, gathering, or procession by doing any of the following:

AB553,,29 a. Engaging in fighting, violence, or seriously disruptive behavior.

AB553,,30 b. Physically blocking or significantly hindering any person from attending, listening to, viewing, or otherwise participating in an expressive activity.

AB553,,31 3. For purposes of subd. 1., the phrase “materially and substantially disrupts” does not include conduct that is protected under the First Amendment of the U.S. Constitution or article I, section 3, of the Wisconsin Constitution. This protected conduct includes lawful protests and counterprotests in the outdoor areas of campus generally accessible to members of the public and indoor areas that have been designated as public forums, except classrooms while they are in use for instructional purposes, except during times when those areas have been reserved in advance for other events, or minor, brief, or fleeting nonviolent disruptions of events that are isolated and short in duration.

AB553,,32 (d) Nothing in this section limits the right of student expression at campus locations that are not specified in this section.

AB553,,33 (e) An institution shall do all of the following:

AB553,,34 1. Conduct a biennial survey of students and employees on First Amendment rights, academic freedom, perceived political, ideological, or other bias at the institution, and whether campus culture promotes self-censorship. The survey shall be conducted using statistically sound methodology and in a manner that protects the confidentiality of the survey’s respondents.

AB553,,35 2. Biennially submit to the legislature under s. 13.172 (2) a report detailing the results of the survey under subd. 1.

AB553,,36 3. Annually provide all students and employees with instruction in academic freedom, due process, and First Amendment protections.

AB553,,37 (4) Academic freedom. (a) No board policy, institution policy, or employee may limit the expressive rights and academic freedom of an instructor of an institution to do any of the following:

AB553,,38 1. Conduct research, publish, lecture, or teach in the academic setting.

AB553,,39 2. Require students to participate in instructional exercises with legitimate pedagogical purposes that involve exploring, or arguing for or against, any argument or assertion.

AB553,,40 3. Speak publicly as a private citizen on matters of public concern.

AB553,,41 (b) Nothing in this subsection shall be interpreted to prohibit an institution from requiring an instructor to perform the instructor’s academic duties or from setting performance standards consistent with this subsection or as required by other law of this state.

AB553,,42 (5) Notice; institutional aid. (a) An institution that violates this section, for 4 years following the date of the finding of the violation under par. (b), shall include a disclaimer on all notices, both printed or electronic, to individuals regarding admission to the institution, in a type size no smaller than the majority of the rest of the notice, in substantially the following form: “NOTICE: We are required by the State of Wisconsin to inform you that within the last 4 years ... [insert name of institution] has violated the free speech or academic freedom provisions in the Wisconsin statutes.”

AB553,,43 (b) The penalty under par. (a) applies if a state or federal court in this state finds, on the basis of a preponderance of the evidence, that the institution violated this section.

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.