SB575,,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.

SB575,,32 (d) Nothing in this section limits the right of student expression at campus locations that are not specified in this section.

SB575,,33 (e) An institution shall do all of the following:

SB575,,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.

SB575,,35 2. Biennially submit to the legislature under s. 13.172 (2) a report detailing the results of the survey under subd. 1.

SB575,,36 3. Annually provide all students and employees with instruction in academic freedom, due process, and First Amendment protections.

SB575,,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:

SB575,,38 1. Conduct research, publish, lecture, or teach in the academic setting.

SB575,,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.

SB575,,40 3. Speak publicly as a private citizen on matters of public concern.

SB575,,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.

SB575,,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.”

SB575,,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.

SB575,,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:

SB575,,45 1. An injunction against violation of this section.

SB575,,46 2. Recovery from the board of damages, court costs, and attorney fees for persons aggrieved by the violation.

SB575,,47 (b) Any of the following persons may bring an action under par. (a):

SB575,,48 1. The attorney general.

SB575,,49 2. A district attorney.

SB575,,50 3. Any person whose expressive rights were violated through the violation of this section.

SB575,,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:

SB575,,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.

SB575,,53 2. Notwithstanding s. 814.04 (1), court costs and reasonable attorney fees.

SB575,,54 (d) In an action brought under par. (a), the total damages, excluding court costs and attorney fees, that may be awarded to plaintiffs in a case or cases stemming from a single controversy may not exceed an aggregate amount of $100,000. In violations harming multiple plaintiffs, the court shall divide the damages equitably among them until the maximum award is exhausted, if applicable.

SB575,,55 (e) If a court awards to plaintiffs damages, court costs, or attorney fees in an action brought under this subsection, the board shall pay the total amount of the award from moneys allocated under s. 36.09 (1) (h) to the violating institution for the institution’s administrative expenses.

SB575,3 Section 3. 36.42 of the statutes is created to read:

SB575,,57 36.42 Due process guarantees in disciplinary proceedings. (1) Definitions. In this section:

SB575,,58 (a) “Disciplinary proceeding” means an investigatory interview or hearing, or any other procedure adopted and used by an institution, relating to an alleged violation that may result in disciplinary action against a student, employee, or organization.

SB575,,59 (b) “Employee” means a member of the faculty, academic staff, or university staff assigned to an institution. “Employee” also includes the institution’s graduate assistants and employees in training.