SB 498 — Relating to: free speech and academic freedom at University of Wisconsin System institutions and technical colleges, due process in disciplinary proceedings at University of Wisconsin System institutions and technical colleges, and causes of action against the Board of Regents of the University of Wisconsin System and technical college district boards. (FE)

Before a disciplinary proceeding is scheduled, and at least two business days before a student, employee, or organization may be questioned about allegations of violations of the institution’s or technical college’s disciplinary or conduct rules, the institution or technical college must advise the student, employee, or organization in writing of these rights.

A UW institution or technical college is not obligated to follow the state’s rules of evidence in a disciplinary proceeding, but must make a good faith effort to include only relevant, probative evidence and must exclude evidence that is neither relevant nor probative.

A UW institution or technical college must ensure that a disciplinary proceeding is carried out free from conflicts of interest by prohibiting overlap of administrative or adjudicative roles.

Under this bill, if a UW institution or technical college violates any of these due process provisions more than once in a five-year period, it must freeze tuition for all students for the following two academic years.

For a UW institution, the Board of Regents of the UW System must also ensure that the institution’s allocation of funding is reduced commensurate with the tuition freeze.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

36.411. Campus free speech and academic freedom.

Academic freedom includes the freedom to ex- 36.41 Campus free speech and academic free- plore all avenues of scholarship, research, and creative dom.

expression, and to reach conclusions according to one’s (a) “Employee” means a member of the faculty, academicaca- staff,own orscholarly universitydiscernment. - 2026 Legislature - 5 - LRB-0492/1 ARG:cdc SENATE BILL 498 SECTION 1 staff assigned to an institution.

“Employee”Freedom alsoof includesexpression in- cludes the institution’sright graduateto assistantsdiscuss and employeespresent inscholarly training.opin- demic staff, or university staff assigned to an institution.

(b)ions 1.and conclusions on all matters both in and outside “Employee” also includes the institution’s graduate as- sistants and employees in training.

“Virtual space” means a forum utilizing electronic technology that satisfies all of the following:classroom.

a.These freedoms include the right to (b) 1.

It“Virtual enablesspace” participantsmeans whoa areforum notutilizing inelec- eachspeak other’s physical presence to communicate with each other simultaneously by sight and soundwrite toas conduct a meetingmember orof gathering, have a discussion, hold an event,institution’s orcommu- otherwisetronic conveytechnology informationthat andsatisfies ideasall withof eachthe otherfollowing: in real time.

nity or as a private citizen without institutional disci- a.

It enables participants who are not in each other’s pline or restraint on scholarly matters or on matters of public concern.

The system and each institution shall physical presence to communicate with each other si- multaneously by sight and sound to conduct a meeting remain committed to these principles and provide all or gathering, have a discussion, hold an event, or other- members of an institution’s community the broadest wise convey information and ideas with each other in possible latitude to explore ideas and to speak, write, lis- real time.

ten, challenge, and learn.

It is under the control or supervision of the institutioninsti- or2. is being used for an institution-authorized purpose or activity.

2.Although different ideas in an institution’s com- tution or is being used for an institution-authorized pur- munity often and quite naturally conflict, it is not the pose or activity.

“Virtualproper space”role doesof notan includeinstitution ato virtualattempt classroomto whileshield itindivid- is2. in use for instructional purposes.

(2)“Virtual PRINCIPLESspace” OFdoes ACADEMICnot FREEDOMinclude ANDa FREEDOMvirtual OFclass- EXPRESSIONuals .from ideas and opinions the institution or others room while it is in use for instructional purposes.

(a)find Theunwelcome, systemdisagreeable, andor eacheven institutiondeeply shalloffensive. adhere to the following principles of academic freedom and freedom of expression in order to achieve the system’s mission under s.

36.01(2) (2):PRINCIPLES OF ACADEMIC FREEDOM AND FREE- Despite the great value of civility, concerns about civil- DOM OF EXPRESSION .

1.(a) The system and each institu- ity and mutual respect may never be used as justification tion shall adhere to the following principles of academic for closing off discussion of ideas, however offensive or ernor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” Wisconsin Act - 2 - 2025 Senate Bill 498 disagreeable those ideas may be to some members sible manner is an essential part of an institution’s edu- within an institution’s community.

Academiccational freedommission. includes the freedom to explore all avenues of scholarship, research, and creative expression, and to reach conclusions according to one’s own scholarly discernment.

Freedom of expression includes the right to discuss and present scholarly opinions and conclusions on all matters both in and outside the classroom.

These freedoms include the right to speak and write as a member of an institution’s community or as a private citizen without institutional discipline or restraint on scholarly matters or on matters of public concern.

The - 2026 Legislature - 6 - LRB-0492/1 ARG:cdc SENATE BILL 498 SECTION 1 system and each institution shall remain committed to these principles and provide all members of an institution’s community the broadest possible latitude to explore ideas and to speak, write, listen, challenge, and learn.

2.

Although different ideas in an institution’s community often and quite naturally conflict, it is not the proper role of an institution to attempt to shield individuals from ideas and opinions the institution or others find unwelcome, disagreeable, or even deeply offensive.

Despite the great value of civility, concerns about civility and mutual respect may never be used as justification for closing off discussion of ideas, however offensive or disagreeable those ideas may be to some members within an institution’s community.

The freedom to debate and discuss the merits of competing(3) ideasF doesIRST notA meanMENDMENT thatPROTECTIONS members. of an institution’s community may say whatever they wish, wherever they wish.

Consistent(a) withExcept long-standingcompeting practiceideas informeddoes bynot law,mean the system and each institution may restrict expression that violatesmembers theof law,an thatin- falselyas defamesspecified ain specificthis individual,section, thatan constitutesinstitution amay genuinenot threatdo orany discriminatorystitution’s harassment,community thatmay unjustifiablysay invadeswhatever substantialthey privacywish, orof confidentiality interests, or that is otherwise directly incompatible with the functioningfollowing: of an institution.

wherever they wish.

Consistent with long-standing 1.

Restrict speech protected under the First Amend- practice informed by law, the system and each institu- ment of the U.S.

Constitution, including noncommercial expressive activities protected under the provisions of tion may restrict expression that violates the law, that falsely defames a specific individual, that constitutes a this section, which include all forms of peaceful assem- genuine threat or discriminatory harassment, that unjus- bly, protests, speeches, distribution of literature, carry- tifiably invades substantial privacy or confidentiality in- ing signs, circulating petitions, and the recording and terests, or that is otherwise directly incompatible with lawful publication, including Internet publication, of video and audio lawfully recorded in public outdoor ar- the functioning of an institution.

(3) (a) 2., the system and each institution may reasonablyrea- eas of the institution or public virtual spaces, if the sonably regulate the time, place, and manner of expressionexpres- speaker’s conduct is not unlawful and does not materi- sion to ensure that it does not disrupt ordinary activities.

However,ally theseand exceptionssubstantially todisrupt the generalfunctioning principle of freedom of expression shall be construed narrowly and may not be applied in a manner that is inconsistent with the system’sinstitution. and each institution’s commitment to a completely free and open discussion of ideas.

-However, 2026these Legislatureexceptions -to 7the -general LRB-0492/1principle ARG:cdcof SENATE2. BILL 498 SECTION 1 (b) The principles stated in par.

(a)Maintain carryand responsibilities,enforce astime, follows:place, and manner re- freedom of expression shall be construed narrowly and may not be applied in a manner that is inconsistent with strictions on expressive activities on the open outdoor the system’s and each institution’s commitment to a areas of its campus that are generally accessible to the completely free and open discussion of ideas.

public and indoor areas and virtual spaces that have been designated as public forums, except classrooms (b) The principles stated in par.

(a) carry responsi- while they are in use for instructional purposes, unless bilities, as follows:

Academic freedom carries the responsibility for those restrictions meet all of the following the faithful performance of professional duties and obligations.obli- requirements:

Alla. members of an institution’s community share in the responsibility for maintaining civility and a climate of mutual respect.

AlthoughThe membersrestrictions of an institution’s community are freereasonable, toin criticizefurtherance and contest the views expressed on campus, they may not obstruct or otherwise interfere with the freedom of others,gations. including speakers who are invited to campus, to express views they reject or even loathe.

All members of an institution’s community a significant institutional interest, and employ clear, share in the responsibility for maintaining civility and a published, content-neutral, and viewpoint-neutral climate of mutual respect.

Although members of an in- stitution’s community are free to criticize and contest criteria.

the views expressed on campus, they may not obstruct or b.

The restrictions provide for ample alternative means for communication of the information and allow otherwise interfere with the freedom of others, includ- for members of the institution’s community to sponta- ing speakers who are invited to campus, to express views neously and contemporaneously distribute literature and they reject or even loathe.

Freedom of expression carries the obligation to makeassemble. clear that when speaking on matters of public interest or concern, one is speaking on behalf of oneself, not the institution.

AnDesignate institutionany hasarea of a solemncampus responsibilitya not“free onlyspeech tomake promoteclear livelythat andwhen fearlessspeaking exploration,on deliberation,matters andof debatepublic ofin- ideas,zone” butor alsootherwise tocreate protectpolicies thoserestricting freedomsnoncom- whenterest othersor attemptconcern, one is speaking on behalf of oneself, mercial expressive activities to restricta them.particular area of a not the institution.

Exploration,campus. deliberation, and debate may not be suppressed because the ideas put forth are thought by some or even by most members of an institution’s community, or those outside the community, to be offensive, unwise, immoral, or wrongheaded.

It is for the members of an institution’s community, not for the institution itself, to make those judgments for themselves, and to act on those judgments not by seeking to suppress exploration of ideas or expression of speech, but by openly and vigorously contesting the ideas that they oppose.

Fostering the ability of members of an institution’s community to engage in such debate and deliberation in an effective and responsible manner is an essential part of an institution’s educational mission.

- 2026 Legislature - 8 - LRB-0492/1 ARG:cdc SENATE BILL 498 SECTION 1 (3) FIRSTAMENDMENT PROTECTIONS .

(a) Except as specified in this section, an institution may not do any of the following:

1.

Restrict speech protected under the First Amendment of the U.S.

Constitution, including noncommercial expressive activities protected under the provisions of this section, which include all forms of peaceful assembly, protests, speeches, distribution of literature, carrying signs, circulating petitions, and the recording and lawful publication, including Internet publication, of video and audio lawfully recorded in public outdoor areas of the institution or public virtual spaces, if the speaker’s conduct is not unlawful and does not materially and substantially disrupt the functioning of the institution.

2.

Maintain and enforce time, place, and manner restrictions on expressive activities on the open outdoor areas of its campus that are generally accessible to the public and indoor areas and virtual spaces that have been designated as public forums, except classrooms while they are in use for instructional purposes, unless those restrictions meet all of the following requirements:

a.

The restrictions are reasonable, in furtherance of a significant institutional interest, and employ clear, published, content-neutral, and viewpoint-neutral criteria.

b.

The restrictions provide for ample alternative means for communication of the information and allow for members of the institution’s community to spontaneously and contemporaneously distribute literature and assemble.

DesignateAn anyinstitution areahas of a campussolemn aresponsibility “freenot speechonly zone” or otherwise create - 2026 Legislature - 9 - LRB-0492/1 ARG:cdc SENATE BILL 498 SECTION 1 policies restricting noncommercial expressive activities to apromote particularlively areaand offearless aexploration, campus.delibera- 4.

4.Require a permit from any individual or group as a condition of being allowed to engage in expressive ac- tion, and debate of ideas, but also to protect those free- tivities protected under this section, unless the individ- doms when others attempt to restrict them.

RequireExploration, aual permit from any individual or group as a condition of being allowed to engage in expressive activities protected under this section, unless the individual or group is seeking exclusive control of a location for deliberation, and debate may not be suppressed because its expressive activity at a reserved time.

Any such permittingper- the ideas put forth are thought by some or even by most mitting process may not be overly burdensome, and applicationsap- members of an institution’s community, or those outside plications for permits shall be evaluated solely using the community, to be offensive, unwise, immoral, or published content and viewpoint-neutral criteria.

5.wrongheaded.

ChargeIt securityis fees to a student or a student group, as part of an application for those expressive activities that require a permit, based on the contentmembers of the expression, the content of the expression of an invitedinstitution’s guest,5. or the anticipated reaction to the student’s, student group’s, or invited guest’s expression.

WhetherCharge security fees to a student or a student community, not for the securityinstitution feeitself, isto requiredmake those group, as part of an application for those expressive ac- judgments for themselves, and itsto amountact mayon bethose determinedjudgments onlytivities that require a permit, based on the basiscontent of the not by seeking to suppress exploration of ideas or ex- expression, the content of the expression of an invited pression of speech, but by openly and viewpoint-neutralvigorously criteria.con- guest, or the anticipated reaction to the student’s, stu- testing the ideas that they oppose.

ContentFostering and viewpoint-neutral criteria include the timeability ofdent thegroup’s, event,or the location of the event, the anticipated size of the invited audience,guest’s andexpression. whether alcohol will be served.

AnyWhether institutionthe chargingof securitymembers feesof pursuantan institution’s community to thisengage subdivisionin shallsecurity publishfee theis criteriarequired itand usesits foramount assessingmay thosebe chargesdeter- such debate and shalldeliberation havein aan publishedeffective processand forrespon- wavingmined only on the feesbasis forof thosecontent whoand cannotviewpoint-neu- affordSenate toBill pay498 them.- 3 - 2025 Wisconsin Act tral criteria.

Content and viewpoint-neutral criteria in- protests and counterprotests in the outdoor areas of clude the time of the event, the location of the event, the campus generally accessible to members of the public anticipated size of the invited audience, and whether al- and indoor areas and virtual spaces that have been desig- cohol will be served.

Any institution charging security nated as public forums, except classrooms while they fees pursuant to this subdivision shall publish the crite- are in use for instructional purposes, except during times ria it uses for assessing those charges and shall have a when those areas have been reserved in advance for published process for waving the fees for those who can- other events, or minor, brief, or fleeting nonviolent dis- not afford to pay them.

ruptions of events that are isolated and short in duration.

Sanction individuals or groups for discriminatory harassment(d) unlessNothing thein speechthis targetssection itslimits victim on the basisright of thestudent victim’sharassment membershipunless inthe aspeech classtargets protectedits undervictim federal,on state,the orexpression localat law,campus andlocations isthat soare severe,not pervasive,specified andin objectivelybasis offensiveof thatthe itvictim’s effectivelymembership barsin a studentclass fromprotected receivingun- equalthis accesssection. to - 2026 Legislature - 10 - LRB-0492/1 ARG:cdc SENATE BILL 498 SECTION 1 educational opportunities or benefits.

Thisder subdivisionfederal, doesstate, notor precludelocal anlaw, institutionand fromis providingso additionalsevere, resourcesperva- to(e) aAn studentinstitution affectedshall bydo speechall thatof cannotthe befollowing: sanctioned under this subdivision or from taking nonpunitive actions.

(b)sive, All indoor areas and virtualobjectively spacesoffensive that haveit beeneffectively designatedbars asa public1. 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.

(c)Conduct 1.a biennial survey of students and em- student from receiving equal access to educational op- ployees on First Amendment rights, academic freedom, portunities or benefits.

NothingThis insubdivision thisdoes sectionnot enablespre- individualsperceived topolitical, engageideological, inor conductother thatbias intentionally,at materially,the andinsti- substantiallyclude disruptsan another’sinstitution expressivefrom activityproviding ifadditional thatresources activitytution, isand occurringwhether incampus aculture campuspromotes space,self-cen- includingto a virtualstudent space,affected reservedby forspeech that activitycannot underbe thesanctioned exclusivesorship. use or control of a particular group.

The survey shall be conducted using statisti- under this subdivision or from taking nonpunitive cally sound methodology and in a manner that protects actions.

the confidentiality of the survey’s respondents.

(b) All indoor areas and virtual spaces that have 2.

Biennially submit to the legislature under s.

been designated as public forums and outdoor public ar- 13.172 (2) a report detailing the results of the survey un- eas generally accessible to the public and operated by an der subd.

1.

institution or under the institution’s jurisdiction, except 3.

Annually provide all students and employees with classrooms while they are in use for instructional pur- instruction in academic freedom, due process, and First poses, shall be governed by rules applicable to tradi- Amendment protections.

tional public forums.

(4) A CADEMIC FREEDOM .

(a) No board policy, in- (c) 1.

Nothing in this section enables individuals to stitution policy, or employee may limit the expressive engage in conduct that intentionally, materially, and sub- rights and academic freedom of an instructor of an insti- stantially disrupts another’s expressive activity if that tution to do any of the following:

activity is occurring in a campus space, including a vir- 1.

Conduct research, publish, lecture, or teach in the tual space, reserved for that activity under the exclusive academic setting.

use or control of a particular group.

Require students to participate in instructional ex- 2.

3., ercises with legitimate pedagogical purposes that in- “materially and substantially disrupts” means when a person,volve withexploring, the intent or knowledgearguing offor doing so, significantly hinders another person’s or group’sagainst, expressiveany activity,argument preventsperson, thewith communication of the message,intent or preventsknowledge the transaction of thedoing businessso, ofsignif- a lawful meeting, gathering, or processionassertion. by doing any of the following:

a.icantly hinders another person’s or group’s expressive 3.

EngagingSpeak inpublicly fighting,as violence,a orprivate seriouslycitizen disruptiveon behavior.matters of activity, prevents the communication of the message, or public concern.

prevents the transaction of the business of a lawful (b) Nothing in this subsection shall be interpreted to meeting, gathering, or procession by doing any of the prohibit an institution from requiring an instructor to following:

perform the instructor’s academic duties or from setting a.

Engaging in fighting, violence, or seriously dis- performance standards consistent with this subsection ruptive behavior.

or as required by other law of this state.

Physically blocking or significantly hindering any person(5) fromN attending,OTICE listening. to, viewing, or otherwise participating in an expressive activity.

c.(a) An institution that violates this sec- person from attending, listening to, viewing, or other- tion, for 4 years following the date of the finding of the wise participating in an expressive activity.

Inviolation aunder virtualpar. space, gains unauthorized access to the virtual space or technologically interferes with the functioning of the virtual space or another’s ability to access the virtual space.

-(b), 2026shall Legislatureinclude -a 11disclaimer -on LRB-0492/1all ARG:cdcc. SENATE BILL 498 SECTION 1 3.

In a virtual space, gains unauthorized access to notices, both printed or electronic, to individuals regard- the virtual space or technologically interferes with the ing admission to the institution, in a type size no smaller functioning of the virtual space or another’s ability to than the majority of the rest of the notice, in substan- access the virtual space.

tially the following form:

“NOTICE:

We are required 3.

1., the phrase “materially by the State of Wisconsin to inform you that within the and substantially disrupts” does not include conduct that islast protected4 underyears the... First Amendment of the U.S.

Constitution[insert orname articleof I,institution] sectionhas 3,violated ofis protected under the WisconsinFirst Constitution.Amendment of the U.S.

Thisthe protectedfree conductspeech includesor lawfulacademic protestsfreedom andprovisions counterprotests in the outdoorConstitution areasor ofarticle campusI, generallysection accessible3, to members of the publicWisconsin andWisconsin indoorstatutes.” areasConstitution. and virtual spaces 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.

(d)This Nothingprotected inconduct thisincludes sectionlawful limits(b) theThe rightpenalty ofunder studentpar. expression at campus locations that are not specified in this section.

(e)(a) Anapplies institutionif shalla dostate allor Wisconsin Act - 4 - 2025 Senate Bill 498 federal court in this state finds, on the basis of a prepon- and cross-examine witnesses, and to provide the following:accuser derance of the evidence, that the institution violated this or accused with support, guidance, and advice.

1.section.

Conduct(d) a“Organization” biennialmeans surveya ofstudent studentsorganization, and(6) employeesC onAUSE FirstOF AmendmentACTION rights,. academic freedom, perceived political, ideological, or other bias at the institution, and whether campus culture promotes self-censorship.

The(a) surveyAny shallperson beidentified conductedin usingemployee statisticallyorganization, soundor methodologyindependent andorganization in a manner that protectspar. the confidentiality of the survey’s respondents.

2.(b) may bring an action in circuit court against the is officially recognized by an institution.

Bienniallyboard submitfor toviolation theof legislaturethis undersection s.by an institution and (2) D UE PROCESS GUARANTEES .

13.172(a) (2)A astudent reportwho detailingmay theseek resultsany of the surveyfollowing: under subd.

has enrolled in an institution has a property interest in 1.

3.

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

(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:

- 2026 Legislature - 12 - LRB-0492/1 ARG:cdc SENATE BILL 498 SECTION 1 1.

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

2.

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

3.

Speak publicly as a private citizen on matters of public concern.

(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.

(5) NOTICE.

(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.” (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.

(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:

- 2026 Legislature - 13 - LRB-0492/1 ARG:cdc SENATE BILL 498 SECTION 1 1.

maintaining the student’s status as a student that may be 2.

Recovery from the board of damages, court costs, terminated against the student’s will only for due cause, and attorney fees for persons aggrieved by the violation.

including failure to meet academic standards, failure to (b) Any of the following persons may bring an actionac- pay academic fees, tuition, or other costs required for tion under par.

continued enrollment, failure to meet the institution’s at- 1.

tendance requirements, or a violation of the institution’s 2.

3.conduct rules.

AnyA personstudent whosewho expressiveis rightsaccused wereof violateda through the violation of3. this section.

(c)Any Subjectperson towhose par.expressive rights were violated of disciplinary or conduct rules that carries a potential through the violation of this section.

(d),penalty inof ansuspension actionof broughtmore underthan 9 days or expulsion (c) Subject to par.

(a),(d), ifin thean courtaction findsbrought aunder violation,shall have the courtright shall award to thebe plaintiffsrepresented, allat of the following:student’s ex- par.

1.(a), if the court finds a violation, the court shall pense, by a licensed attorney or, if the student prefers, a award to the plaintiffs all of the following:

Totalnon-attorney damagesadvocate, forwho 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 accruebe startingpermitted onto thefully day1. after the complaint is served on the board.

2.Total damages for all prevailing persons ag- participate during the disciplinary proceeding.

grieved by the violation of not less than $500 for the ini- (b) In addition to any substantive or procedural tial violation plus $50 for each day the violation remains rights set forth in an employee’s employment contract, ongoing, which shall accrue starting on the day after the an employee who is accused of a violation of disci- complaint is served on the board.

plinary or conduct rules shall have the right to be repre- 2.

814.04 (1), court costs and sented, at the employee’s expense, by a licensed attorney reasonable attorney fees.

or, if the employee prefers, a non-attorney advocate, (d) In an action brought under par.

(a), the total damages,who excludingshall court costs and attorney fees, that may be awardedpermitted to plaintiffsfully inparticipate aduring casethe ordamages, casesexcluding stemmingcourt fromcosts aand singleattorney controversyfees, maythat notdisciplinary exceedproceeding. an aggregate amount of $100,000.

Inmay violationsbe harmingawarded multipleto plaintiffs,plaintiffs thein courta shallcase divideor thecases damagesstemming equitably(c) amongAn themorganization untilthat is accused of a violation of from a single controversy may not exceed an aggregate disciplinary or conduct rules shall have the maximumright awardto isbe exhausted,amount ifof applicable.$100,000.

(e)In Ifviolations aharming courtmultiple awardsrepresented, toat plaintiffsthe damages,organization’s courtexpense, costs,by ora attorneylicensed feesplaintiffs, inthe ancourt actionshall broughtdivide underthe thisdamages subsection,equitably theattorney boardor, shallif pay the totalorganization amountprefers, ofa thenon-attorney -among 2026them Legislatureuntil -the 14maximum -award LRB-0492/1is ARG:cdcexhausted, SENATEif BILLadvocate, 498who SECTIONshall 1be awardpermitted fromto moneysfully allocatedparticipate underapplicable. s.

36.09during (1) (h) to the violatingdisciplinary institutionproceeding. for the institution’s administrative expenses.

S(e) ECTIONIf 2.a court awards to plaintiffs damages, court (d) If a disciplinary proceeding arises from a com- costs, or attorney fees in an action brought under this plaint by a student against a student, employee, or orga- subsection, the board shall pay the total amount of the nization, the complaining student shall also have the award from moneys allocated under s.

36.09 (1) (h) to right to be represented, at that student’s expense, by a li- the violating institution for the institution’s administra- censed attorney or, if the complaining student prefers, a tive expenses.

non-attorney advocate.

SECTION 2.

(e) Prior to initiating a disciplinary proceeding or 36.42 Due process guarantees in disciplinary investigation, an institution shall notify the student, em- proceedings.

(1) DEFINITIONS.D EFINITIONS .

(a)ployee, “Disciplinaryor proceeding”organization meansthat ana investigatorycomplaint interviewhas orbeen hearing,made or(a) any“Disciplinary otherproceeding” proceduremeans adoptedan investiga- and usedinform bythe anstudent, institution,employee, relatingor toorganization anof allegedtory violationinterview thator mayhearing, resultor inany disciplinaryother actionprocedure againsthis, aher, student,or employee,its ordue organization.process rights.

(b)adopted “Employee”and meansused by an institution, relating to an alleged (f) In a memberdisciplinary ofproceeding, thean faculty,institution academicis staff,not orviolation universitythat staffmay assignedresult in disciplinary action against a obligated to anfollow institution.the state’s rules of evidence but shall student, employee, or organization.

make a good faith effort to include only relevant, proba- (b) “Employee” alsomeans includesa member of the institution’sfaculty, graduateaca- assistantstive evidence and employeesshall inexclude training.evidence that is neither demic staff, or university staff assigned to an institution.

(c)relevant “Fullynor participate”probative. includes having the opportunity to make opening and closing statements, to examine and cross-examine witnesses, and to provide the accuser or accused with support, guidance, and advice.

(d)“Employee” “Organization”also meansincludes athe studentinstitution’s organization,graduate employeeas- organization,(g) orBefore independenta organizationdisciplinary thatproceeding is officiallyscheduled, recognizedsistants byand anemployees institution.in training.

(2)and DUEat PROCESSleast GUARANTEES2 .business days before a student, employee, (c) “Fully participate” includes having the opportu- or organization may be questioned by an institution or nity to make opening and closing statements, to examine agent of the institution about allegations of violations of Senate Bill 498 - 5 - 2025 Wisconsin Act the institution’s disciplinary or conduct rules, the insti- SECTION 3.

(a)38.44 Aof student who has enrolled in an institution has a property interest in maintaining the student’sstatutes statusis ascreated a student that may be terminated against the student’s will only for due cause, including failure to meetread: academic standards, failure to pay academic fees, tuition, or other costs required for continued enrollment, failure to meet the institution’s attendance requirements, or a violation of the institution’s conduct rules.

Atution studentshall whoadvise isthe -student, 2026employee, Legislatureor -organiza- 1538.44 -Campus LRB-0492/1free ARG:cdcspeech SENATEand BILLacademic 498free- SECTIONtion 2in accusedwriting of athe violationstudent’s, ofemployee’s, disciplinary or conductorganiza- rulesdom. that carries a potential penalty of suspension of more than 9 days or expulsion shall have the right to be represented, at the student’s expense, by a licensed attorney or, if the student prefers, a non-attorney advocate, who shall be permitted to fully participate during the disciplinary proceeding.

(b)(1) InD additionEFINITIONS to. any substantive or procedural rights set forth in an employee’s employment contract, an employee who is accused of a violation of disciplinary or conduct rules shall have the right to be represented, at the employee’s expense, by a licensed attorney or, if the employee prefers, a non- attorney advocate, who shall be permitted to fully participate during the disciplinary proceeding.

(c)In Anthis organizationsection: that is accused of a violation of disciplinary or conduct rules shall have the right to be represented, at the organization’s expense, by a licensed attorney or, if the organization prefers, a non-attorney advocate, who shall be permitted to fully participate during the disciplinary proceeding.

(d)tion’s Ifrights aunder disciplinarythis proceedingsubsection. arises from a complaint by a student against a student, employee, or organization, the complaining student shall also have the right to be represented, at that student’s expense, by a licensed attorney or, if the complaining student prefers, a non-attorney advocate.

(e)(a) Prior“Employee” tomeans initiating a disciplinarystaff proceedingmember, orfaculty investigation,(h) anThe institutionright shallof notifya the student, employee, or organization thatmember, a complaint has been made and inform the student, employee, or organizationadministrator ofemployed his,by her,a ordistrict itsboard. due process rights.

-to 2026be Legislaturerepresented -by 16an -attorney LRB-0492/1or ARG:cdca SENATEnon-attorney BILLadvo- 498(b) SECTION“Student” 2means (f)an Inindividual aenrolled disciplinaryin proceeding,a andis- institutioncate isapplies notuntil obligated to follow the state’sconclusion rules of evidenceany butappellate shalltrict makeschool. a good faith effort to include only relevant, probative evidence and shall exclude evidence that is neither relevant nor probative.

(g)process. Before a disciplinary proceeding is scheduled, and at least 2 business days before a student, employee, or organization may be questioned by an institution or agent of the institution about allegations of violations of the institution’s disciplinary or conduct rules, the institution shall advise the student, employee, or organization in writing of the student’s, employee’s, or organization’s rights under this subsection.

(h)(c) The1. right of a student, employee, or organization to be represented by an attorney or a non-attorney advocate applies until the conclusion of any appellate process.

“Virtual space” means a forum utilizing elec- (i) An institution shall ensure that all parties to a disciplinarytronic proceeding,technology includingthat thesatisfies accused student, the accused employee, the accused organization, and, if applicable, the accusing student, have access to all materialof evidence, including both inculpatory and exculpatory evidence, not later than one week prior to the startfollowing: of any formal hearing or similar adjudicatory proceeding.

Thisdisciplinary evidenceproceeding, mayincluding includethe complainantaccused statements,student, 3rd-partya. witness statements, electronically stored information, written communications, social media posts, and demonstrative evidence but may not include any materials that are privileged under applicable federal or state law.

(j)It Anenables institutionparticipants shallwho ensureare thatnot ain disciplinaryeach proceedingother’s isthe carriedaccused outemployee, -the 2026accused Legislatureorganization, -and, 17if -physical LRB-0492/1presence ARG:cdcto SENATEcommunicate BILLwith 498each SECTIONother 2si- freeapplicable, fromthe conflictsaccusing ofstudent, interesthave access to all mate- multaneously by prohibitingsight overlapand sound to conduct a meeting rial evidence, including both inculpatory and exculpa- or gathering, have a discussion, hold an event, or other- tory evidence, not later than one week prior to the start wise convey information and ideas with each other in of administrativeany formal hearing or adjudicativesimilar roles.adjudicatory proceed- real time.

Aning. individual may not serve in more than one of the following roles:

1.This evidence may include complainant statements, b.

It is under the control or supervision of the dis- 3rd-party witness statements, electronically stored infor- trict board or is being used for a district board-autho- mation, written communications, social media posts, rized purpose or activity.

and demonstrative evidence but may not include any 2.

“Virtual space” does not include a virtual class- materials that are privileged under applicable federal or room while it is in use for instructional purposes.

state law.

(2) F IRST A MENDMENT PROTECTIONS .

(a) Except (j) An institution shall ensure that a disciplinary as specified in this section, a district board may not do proceeding is carried out free from conflicts of interest any of the following:

by prohibiting overlap of administrative or adjudicative 1.

Restrict speech protected under the First Amend- roles.

An individual may not serve in more than one of ment of the U.S.

Constitution, including noncommercial the following roles:

expressive activities protected under the provisions of 1.

this section, which include all forms of peaceful assem- 2.

bly, protests, speeches, distribution of literature, carry- 3.

ing signs, circulation petitions, and the recording and 4.

lawful publication, including Internet publication, of 5.

video and audio lawfully recorded in public outdoor ar- 6.

(k)eas Thisof subsection does not affect the obligationdistrict ofcampus anor institutionpublic tovirtual providespaces, equivalentif rightsthe to(k) aThis studentsubsection whodoes isnot theaffect accuser or victim in the disciplinaryobligation proceeding,of includingspeaker’s equivalentconduct opportunitiesis tonot haveunlawful others present and fullydoes participatenot duringmateri- thean disciplinaryinstitution proceeding, to notprovide limitequivalent therights choiceto ofa attorneystudent orally non-attorneyand advocatesubstantially indisrupt any meeting or in the disciplinaryfunctioning proceeding, and to provide simultaneous notification of the institution’sdis- procedureswho foris the accused and the accuser or victim toin appeal the resultdisciplinary ofproceed- thetrict disciplinaryschool. proceeding.

(L)ing, Nothingincluding inequivalent thisopportunities subsectionto shallhave preventothers the2. temporary suspension of a student, employee, or organization pending an investigation.

(3)Maintain PENALTY.and enforce time, place, and manner re- present and fully participate during the disciplinary pro- strictions on expressive activities on the open outdoor ceeding, to not limit the choice of attorney or non-attor- areas of district campuses that are generally accessible ney advocate in any meeting or in the disciplinary pro- to the public and indoor areas and virtual spaces that ceeding, and to provide simultaneous notification of the have been designated as public forums, except class- institution’s procedures for the accused and the accuser rooms while they are in use for instructional purposes, or victim to appeal the result of the disciplinary unless those restrictions meet all of the following proceeding.

Ifrequirements: an institution violates this section more than once in a 5-year period, the board shall freeze tuition charged by the institution, for all students, for the 2 academic years immediately following the finding of the violation giving rise to this penalty.

The(L) boardNothing shallin ensurethis thatsubsection theshall institution’sprevent allocationthe oftem- fundinga. under s.

36.09The (1)restrictions (h)are isreasonable, reducedin commensuratefurtherance withof porary suspension of a student, employee, or organiza- a significant interest of the tuitiondistrict freeze.board, and employ tion pending an investigation.

-clear, 2026published, Legislaturecontent-neutral, -and 18viewpoint-neutral -(3) LRB-0492/1P ARG:cdcENALTY SENATE. BILL 498 S ECTION 3 SECTION 3.

38.44If ofan theinstitution statutesviolates isthis createdsection tocriteria. read:

38.44more Campusthan freeonce speechin anda academic5-year freedom.period, the board shall freeze b.

(1)The Drestrictions EFINITIONS.provide for ample alternative tuition charged by the institution, for all students, for the means for communication of the information and allow academic years immediately following the finding of for members of the district campus’s community to the violation giving rise to this penalty.

InThe thisboard section:shall spontaneously and contemporaneously distribute litera- ensure that the institution’s allocation of funding under ture and assemble.

(a)s. “Employee” means a staff member, faculty member, or administrator employed by a district board.

(b)36.09 “Student”(1) means(h) anis individualreduced enrolledcommensurate inwith athe districttu- school.3.

(c)Designate 1.“Virtualany space”area meansof a forumdistrict utilizingcampus electronica technology“free thatition satisfiesfreeze. all of the following:

a.speech zone” or otherwise create policies restricting Wisconsin Act - 6 - 2025 Senate Bill 498 noncommercial expressive activities to a particular area prevents the transaction of the business of a lawful of a district campus.

Itmeeting, enables participants who are not in each other’s physical presence to communicate with each other simultaneously by sight and sound to conduct a meeting or gathering, have a discussion, hold an event, or otherwiseprocession conveyby informationdoing andany ideasof withthe each4. other in real time.

b.Require a permit from any individual or group as following:

Ita iscondition under the control or supervision of the district board or is being usedallowed forto aengage districtin board-authorizedexpressive purposeac- ora. activity.

2.Engaging in fighting, violence, or seriously dis- tivities protected under this section, unless the individ- ruptive behavior.

“Virtualual space”or doesgroup notis includeseeking aexclusive virtualcontrol classroomof whilea itlocation is in use for instructionalb. purposes.

(2)Physically FIRSTAMENDMENTblocking PROTECTIONSor .significantly hindering any its expressive activity at a reserved time.

(a)Any Exceptsuch asper- specifiedperson infrom thisattending, section,listening ato, districtviewing, boardor other- mitting process may not dobe anyoverly ofburdensome, theand following:ap- wise participating in an expressive activity.

1.plications for permits shall be evaluated solely using c.

RestrictIn speecha protectedvirtual underspace, thegains Firstunauthorized Amendmentaccess ofto thepublished U.S.content and viewpoint-neutral criteria.

Constitution, including noncommercial expressive activities protected under the provisionsvirtual ofspace this section, which include all forms of peaceful assembly, protests, speeches, distribution of literature, carrying signs, circulation petitions, and the recording and lawful publication, including Internet publication, of video and audio - 2026 Legislature - 19 - LRB-0492/1 ARG:cdc SENATE BILL 498 SECTION 3 lawfully recorded in public outdoor areas of the district campus or publictechnologically virtualinterferes spaces,with if the speaker’s5. conduct is not unlawful and does not materially and substantially disrupt the functioning of the district school.

2.Charge security fees to a student or a student functioning of the virtual space or another’s ability to group, as part of an application for those expressive ac- access the virtual space.

Maintaintivities andthat enforcerequire time,a place,permit, andbased manner restrictions on expressive activities on the opencontent outdoor areas of district campuses that are generally accessible to the public3. and indoor areas and virtual spaces that have been designated as public forums, except classrooms while they are in use for instructional purposes, unless those restrictions meet all of the following requirements:

a.

The restrictions are reasonable, in furtherance of a significant interest of the district board, and employ clear, published, content-neutral, and viewpoint- neutral criteria.

b.

The restrictions provide for ample alternative means for communication of the information and allow for members of the district campus’s community to spontaneously and contemporaneously distribute literature and assemble.

3.

Designate any area of a district campus a “free speech zone” or otherwise create policies restricting noncommercial expressive activities to a particular area of a district campus.

4.

Require a permit from any individual or group as a condition of being allowed to engage in expressive activities protected under this section, unless the individual or group is seeking exclusive control of a location for its expressive activity at a reserved time.

Any such permitting process may not be overly - 2026 Legislature - 20 - LRB-0492/1 ARG:cdc SENATE BILL 498 SECTION 3 burdensome, and applications for permits shall be evaluated solely using published content and viewpoint-neutral criteria.

5.

Charge security fees to a student or a student group, as part of an application for those expressive activities that require a permit, based on the content of the expression, the content of the expression of an invited guest, or the anticipated reaction to the student’s, student group’s, or invited guest’s expression.

Whether the security fee is required and its amount may be determined only on the basis of content and viewpoint-neutral criteria.

Content and viewpoint-neutral criteria include the time of the event, the location of the event, the anticipated size of the invited audience, and whether alcohol will be served.

Any district board charging security fees pursuant to this subdivision shall publish the criteria it uses for assessing those charges and shall have a published process for waving the fees for those who cannot afford to pay them.

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 a district board from providing additional resources to a student affected by speech that cannot be sanctioned under this subdivision or from taking nonpunitive actions.

(b) All indoor areas and virtual spaces that have been designated as public forums and outdoor public areas generally accessible to the public and owned or operated by a district board, except classrooms while they are in use for - 2026 Legislature - 21 - LRB-0492/1 ARG:cdc SENATE BILL 498 SECTION 3 instructional purposes, shall be governed by rules applicable to traditional public forums.

(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, including a virtual space, reserved for that activity under the exclusive use or control of a particular group.

2.

1., the phrase “materially expression, the content of the expression of an invited and subjectsubstantially disrupts” does not include conduct that guest, or the anticipated reaction to subd.the student’s, stu- is protected under the First Amendment of the U.S.

3.,dent “materiallygroup’s, and substantially disrupts” means when a person, with the intent or knowledgeinvited ofguest’s doingexpression. 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:

a.Whether the Constitution or article I, section 3, of the Wisconsin security fee is required and its amount may be deter- Constitution.

EngagingThis protected conduct includes lawful mined only on the basis of content and viewpoint-neu- protests and counterprotests in fighting,the violence,outdoor orareas seriouslyof disruptivetral behavior.criteria.

b.Content and viewpoint-neutral criteria in- campus generally accessible to members of the public clude the time of the event, the location of the event, the and indoor areas and virtual spaces that have been desig- anticipated size of the invited audience, and whether al- nated as public forums, except classrooms while they cohol will be served.

PhysicallyAny blockingdistrict orboard significantlycharging hinderingsecu- anyare personin fromuse attending,for listeninginstructional to,purposes, viewing,except orduring otherwisetimes participatingrity fees pursuant to this subdivision shall publish the when those areas have been reserved in anadvance expressivefor activity.criteria it uses for assessing those charges and shall have other events, or minor, brief, or fleeting nonviolent dis- a published process for waving the fees for those who ruptions of events that are isolated and short in duration.

c.cannot afford to pay them.

In(d) aNothing virtualin space,this gainssection unauthorizedlimits access to the virtualright space or technologically interferes with the functioning of thestudent virtual6. space or another’s ability to access the virtual space.

3.Sanction individuals or groups for discriminatory expression at campus locations that are not specified in harassment unless the speech targets its victim on the this section.

Forbasis purposesof the victim’s membership in a class protected un- (e) A district board shall do all of subd.the following:

1.,der thefederal, phrasestate, “materiallyor andlocal substantiallylaw, disrupts”and does not include conduct that is protectedso undersevere, theperva- First1. Amendment of the U.S.

ConstitutionConduct ora articlebiennial I,survey sectionof 3,students ofand em- sive, and objectively offensive that it effectively bars a ployees on First Amendment rights, academic freedom, student from receiving equal access to educational op- perceived political, ideological, or other bias at the Wisconsindis- Constitution.portunities or benefits.

This protectedsubdivision conductdoes includesnot lawfulpre- proteststrict schools, and counterprotestswhether in the outdoor areas of campus generallyculture accessiblepromotes toself- membersclude ofa thedistrict publicboard andfrom indoorproviding areasadditional andre- virtualcensorship. spaces that have been designated as public forums, except classrooms while they - 2026 Legislature - 22 - LRB-0492/1 ARG:cdc SENATE BILL 498 SECTION 3 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.

(d)The Nothingsurvey inshall thisbe sectionconducted limitsusing thestatis- rightsources ofto a student expressionaffected atby campusspeech locations that arecannot notbe specifiedtically sound methodology and in a manner that protects sanctioned under this section.subdivision or from taking non- the confidentiality of the survey’s respondents.

(e)punitive Aactions. district board shall do all of the following:

1.

Conduct a biennial survey of students and employees on First Amendment rights, academic freedom, perceived political, ideological, or other bias at the district schools, 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.

(b) All indoor areas and virtual spaces that have 13.172 (2) a report detailing the results of the survey underun- been designated as public forums and outdoor public ar- der subd.

eas generally accessible to the public and owned or op- 3.

Annually provide all students and employees with erated by a district board, except classrooms while they instruction in academic freedom, due process, and First are in use for instructional purposes, shall be governed Amendment protections.

(3)by ACADEMICrules FREEDOMapplicable .to traditional public forums.

(a)(3) NoA districtCADEMIC boardFREEDOM policy. or employee may limit the expressive rights and academic freedom of an instructor of a district school to do any of the following:

(a) No district board pol- (c) 1.

ConductNothing research,in publish,this lecture,section enables individuals to icy or teachemployee inmay limit the academicexpressive setting.rights and aca- engage in conduct that intentionally, materially, and sub- demic freedom of an instructor of a district school to do stantially disrupts another’s expressive activity if that any of the following:

activity is occurring in a campus space, including a vir- 1.

Conduct research, publish, lecture, or teach in the tual space, reserved for that activity under the exclusive academic setting.

use or control of a particular group.

Require students to participate in instructional exercisesex- with2. legitimate pedagogical purposes that involve exploring, or arguing for or against, any argument or assertion.

3.For purposes of subd.

Speak1., publiclyand assubject ato privatesubd. citizen on matters of public concern.

-3., 2026ercises Legislaturewith -legitimate 23pedagogical -purposes LRB-0492/1that ARG:cdcin- SENATE“materially BILLand 498substantially SECTIONdisrupts” 3means (b)when Nothing in this subsection shall be interpreted to prohibit a districtvolve boardexploring, fromor requiringarguing anfor instructor to perform the instructor’s academic duties or fromagainst, settingany performanceargument standardsperson, consistent with thisthe subsectionintent or asknowledge requiredof bydoing otherso, lawsignif- ofor thisassertion. state.

(4)icantly NOTICE.hinders another person’s or group’s expressive 3.

(a)Speak Apublicly districtas boarda thatprivate violatescitizen thison section,matters forof 4activity, yearsprevents following the datecommunication of the findingmessage, ofor thepublic violationconcern. under par.

(b),Senate shallBill include498 a- disclaimer7 on- all2025 notices,Wisconsin bothAct printed(b) orNothing electronic,in tothis individualssubsection regardingshall admissionbe interpreted to asubsection, technicalthe collegedistrict ofboard shall pay the district,total inamount prohibit a typedistrict sizeboard nofrom smallerrequiring thanan theinstructor majorityto of the restaward offrom moneys that the notice,district inboard substantiallyhas al- perform the followinginstructor’s form:academic duties or from setting located for its administrative expenses.

“NOTICE:performance standards consistent with this subsection (f) Section 893.80 does not apply to an action or as required by other law of this state.

Webrought areagainst requireda bydistrict theboard Stateunder ofthis Wisconsinsection. to inform you that within the last 4 years ...

[insert(4) nameN ofOTICE technical. college] has violated the free speech or academic freedom provisions in the Wisconsin statutes.” (b) The penalty under par.

(a) appliesA if a state or federal court in this state finds, on the basis of a preponderance of the evidence, that the district board violatedthat violates this section.SECTION 4.

(5)38.45 CAUSEof OFthe ACTIONstatutes .is created to read:

(a)section, Anyfor person4 identifiedyears following the date of the finding of 38.45 Due process guarantees in disciplinary the violation under par.

(b)(b), mayshall bringinclude an action in circuit court against a districtdisclaimer boardon forproceedings. violation of this section and may seek any of the following:

1.(1) D EFINITIONS .

In this section:

all notices, both printed or electronic, to individuals re- (a) “Disciplinary proceeding” means an investiga- garding admission to a technical college of the district, tory interview or hearing, or any other procedure in a type size no smaller than the majority of the rest of adopted and used by a district board, relating to an al- the notice, in substantially the following form:

“NO- leged violation that may result in disciplinary action TICE:

We are required by the State of Wisconsin to in- against a student, employee, or organization.

form you that within the last 4 years ...

[insert name of (b) “Employee” means a staff member, faculty technical college] has violated the free speech or aca- member, or administrator employed by a district board.

demic freedom provisions in the Wisconsin statutes.” (c) “Fully participate” includes having the opportu- (b) The penalty under par.

(a) applies if a state or nity to make opening and closing statements, to examine federal court in this state finds, on the basis of a prepon- and cross-examine witnesses, and to provide the accuser derance of the evidence, that the district board violated or accused with support, guidance, and advice.

this section.

(d) “Organization” means a student organization, (5) C AUSE OF ACTION .

(a) Any person identified in employee organization, or independent organization that par.

(b) may bring an action in circuit court against a dis- is officially recognized by a district board.

trict board for violation of this section and may seek any (2) D UE PROCESS GUARANTEES .

(a) A student who of the following:

has enrolled in a district school has a property interest in 1.

maintaining the student’s status as a student that may be 2.

Recovery from the district board of damages, terminated against the student’s will only for due cause, courts costs, and attorney fees for persons aggrieved by including failure to meet academic standards, failure to the violation.

pay fees or other costs required for continued enroll- (b) Any of the following persons may bring an actionac- ment, failure to meet the district board’s attendance re- tion under par.

quirements, or a violation of the district board’s conduct 1.

-rules. 2026 Legislature - 24 - LRB-0492/1 ARG:cdc SENATE BILL 498 SECTION 3 2.

A student who is accused of a violation of disci- 2.

plinary or conduct rules that carries a potential penalty 3.

Any person whose expressive rights were violated of suspension of more than 9 days or expulsion shall through the violation of this section.

have the right to be represented, at the student’s expense, (c) Subject to par.

(d), in an action brought under by a licensed attorney or, if the student prefers, a non-at- par.

(a), if the court finds a violation, the court shall torney advocate, who shall be permitted to fully partici- award to the plaintiffs all of the following:

pate during the disciplinary proceeding.

Total damages for all prevailing persons aggrievedag- (b) In addition to any substantive or procedural grieved by the violation of not less than $500 for the initialini- rights set forth in an employee’s employment contract, tial violation plus $50 for each day the violation remains an employee who is accused of a violation of disci- ongoing, which shall accrue starting on the day after the plinary or conduct rules shall have the right to be repre- complaint is served on the district board.

sented, at the employee’s expense, by a licensed attorney 2.

814.04 (1), court costs and or, if the employee prefers, a non-attorney advocate, reasonable attorney fees.

who shall be permitted to fully participate during the (d) In an action brought under par.

(a), the total damages,disciplinary excludingproceeding. 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.

Indamages, violationsexcluding harmingcourt multiplecosts plaintiffs,and theattorney courtfees, that (c) An organization that is accused of a violation of may be awarded to plaintiffs in a case or cases stemming disciplinary or conduct rules shall dividehave the damagesright equitablyto amongbe themfrom untila single controversy may not exceed an aggregate represented, at the maximumorganization’s awardexpense, isby exhausted,a iflicensed applicable.amount of $100,000.

(e)In Ifviolations aharming courtmultiple awardsattorney toor, plaintiffsif damages,the courtorganization costs,prefers, ora attorneynon-attorney feesplaintiffs, inthe ancourt actionshall broughtdivide underthe thisdamages subsection,equitably theadvocate, districtwho board shall paybe thepermitted totalto amountfully ofparticipate theamong awardthem fromuntil moneys that the districtmaximum boardaward hasis allocatedexhausted, forif itsduring administrativethe expenses.disciplinary proceeding.

(f)applicable. Section 893.80 does not apply to an action brought against a district board under this section.

S(d) ECTIONIf 4.a disciplinary proceeding arises from a com- (e) If a court awards to plaintiffs damages, court plaint by a student against a student, employee, or orga- costs, or attorney fees in an action brought under this nization, the complaining student shall also have the Wisconsin Act - 8 - 2025 Senate Bill 498 right to be represented, at that student’s expense, by a li- mation, written communications, social media posts, censed attorney or, if the complaining student prefers, a and demonstrative evidence but may not include any non-attorney advocate.

38.45materials ofthat theare statutesprivileged isunder createdapplicable federal or (e) Prior to read:initiating a disciplinary proceeding or state law.

-investigation, 2026a Legislaturedistrict -board 25shall -notify LRB-0492/1the ARG:cdcstudent, SENATE(j) BILLA 498district SECTIONboard 4shall 38.45ensure Duethat processa guaranteesdisciplinary inemployee, disciplinaryor proceedings.organization that a complaint has been proceeding is carried out free from conflicts of interest made and inform the student, employee, or organization by prohibiting overlap of administrative or adjudicative of his, her, or its due process rights.

(1)roles. DEFINITIONS.

An individual may not serve in more than one of (f) In thisa section:disciplinary proceeding, a district board is the following roles:

(a)not “Disciplinaryobligated proceeding” means an investigatory interview or hearing, or any other procedure adopted and used by a district board, relating to anfollow allegedthe violationstate’s thatrules mayof resultevidence inbut disciplinary1. action against a student, employee, or organization.

(b) “Employee” means a staff member, faculty member, or administrator employed by a district board.

(c) “Fully participate” includes having the opportunity to make opening and closing statements, to examine and cross-examine witnesses, and to provide the accuser or accused with support, guidance, and advice.

(d) “Organization” means a student organization, employee organization, or independent organization that is officially recognized by a district board.

(2) DUE PROCESS GUARANTEES .

(a) A student who has enrolled in a district school has a property interest in maintaining the student’s status as a student that may be terminated against the student’s will only for due cause, including failure to meet academic standards, failure to pay fees or other costs required for continued enrollment, failure to meet the district board’s attendance requirements, or a violation of the district board’s conduct rA student who is accused of a violation of disciplinary or conduct rules that carries a potential penalty of suspension of more than 9 days or expulsion shall have the right to be represented, at the student’s expense, by a licensed attorney or, if the student prefers, a non- - 2026 Legislature - 26 - LRB-0492/1 ARG:cdc SENATE BILL 498 SECTION 4 attorney advocate, who shall be permitted to fully participate during the disciplinary proceeding.

(b) In addition to any substantive or procedural rights set forth in an employee’s employment contract, an employee who is accused of a violation of disciplinary or conduct rules shall have the right to be represented, at the employee’s expense, by a licensed attorney or, if the employee prefers, a non- attorney advocate, who shall be permitted to fully participate during the disciplinary proceeding.

(c) An organization that is accused of a violation of disciplinary or conduct rules shall have the right to be represented, at the organization’s expense, by a licensed attorney or, if the organization prefers, a non-attorney advocate, who shall be permitted to fully participate during the disciplinary proceeding.

(d) If a disciplinary proceeding arises from a complaint by a student against a student, employee, or organization, the complaining student shall also have the right to be represented, at that student’s expense, by a licensed attorney or, if the complaining student prefers, a non-attorney advocate.

(e) Prior to initiating a disciplinary proceeding or investigation, a district board shall notify the student, employee, or organization that a complaint has been made and inform the student, employee, or organization of his, her, or its due process rights.

(f) In a disciplinary proceeding, a district board is not obligated to follow the state’s rules of evidence but shall make a good faith effort to include only relevant, - 2026 Legislature - 27 - LRB-0492/1 ARG:cdc SENATE BILL 498 SECTION 4 probative evidence and shall exclude evidence that is neither relevant nor probative.

(g) Before a disciplinary proceeding is scheduled, and at least 2 business days before a student, employee, or organization may be questioned by a district board or agent of the district board about allegations of violations of the district board’s disciplinary or conduct rules, the district board shall advise the student, employee, or organization in writing of the student’s, employee’s, or organization’s rights under this subsection.

(h) The right of a student, employee, or organization to be represented by an attorney or a non-attorney advocate applies until the conclusion of any appellate process.

(i) A district board shall ensure that all parties to a disciplinary proceeding, including the accused student, the accused employee, the accused organization, and, if applicable, the accusing student, have access to all material evidence, including both inculpatory and exculpatory evidence, not later than one week prior to the start of any formal hearing or similar adjudicatory proceeding.

This evidence may include complainant statements, 3rd-party witness statements, electronically stored information, written communications, social media posts, and demonstrative evidence but may not include any materials that are privileged under applicable federal or state law.

(j) A district board shall ensure that a disciplinary proceeding is carried out free from conflicts of interest by prohibiting overlap of administrative or - 2026 Legislature - 28 - LRB-0492/1 ARG:cdc SENATE BILL 498 SECTION 4 adjudicative roles.

An individual may not serve in more than one of the following roles:

1.

shall make a good faith effort to include only relevant, 2.

probative evidence and shall exclude evidence that is 3.

neither relevant nor probative.

(g) Before a disciplinary proceeding is scheduled, 5.

and at least 2 business days before a student, employee, 6.

or organization may be questioned by a district board or (k) This subsection does not affect the obligation of agent of the district board about allegations of violations a district board to provide equivalent rights to a student whoof is the accuserdistrict orboard’s victim in the disciplinary proceeding,or includingconduct equivalentrules, opportunitiesthe towho haveis othersthe presentaccuser andor fullyvictim participatein during the disciplinary proceeding,proceed- todistrict notboard limitshall advise the choicestudent, ofemployee, attorney or non-attorneyor- advocateing, inincluding anyequivalent meetingopportunities orto inhave theothers disciplinaryganization proceeding,in andwriting to provide simultaneous notification of the districtstudent’s, board’semployee’s, proceduresor foror- thepresent accused and thefully accuserparticipate orduring victimthe todisciplinary appealpro- theganization’s resultrights ofunder thethis disciplinarysubsection. proceeding.

(L)ceeding, Nothingto innot thislimit subsectionthe shallchoice preventof theattorney temporaryor suspensionnon-attor- (h) The right of a student, employee, or organization pendingney advocate in any meeting or in the disciplinary pro- to be represented by an investigation.attorney or a non-attorney advo- ceeding, and to provide simultaneous notification of the cate applies until the conclusion of any appellate district board’s procedures for the accused and the ac- process.

(3)cuser PENALTYor .victim to appeal the result of the disciplinary (i) A district board shall ensure that all parties to a proceeding.

Ifdisciplinary aproceeding, districtincluding boardthe violatesaccused thisstudent, section(L) moreNothing thanin oncethis insubsection ashall 5-prevent yearthe period,tem- the districtaccused boardemployee, shallthe freezeaccused tuitionorganization, chargedand, forif allporary studentssuspension forof thea 2student, academicemployee, yearsor immediatelyorganiza- followingapplicable, the findingaccusing ofstudent, thehave violationaccess givingto riseall tomate- thistion penalty.pending an investigation.

(END)rial evidence, including both inculpatory and exculpa- (3) P ENALTY .

If a district board violates this section tory evidence, not later than one week prior to the start more than once in a 5-year period, the district board of any formal hearing or similar adjudicatory proceed- shall freeze tuition charged for all students for the 2 aca- ing.

This evidence may include complainant statements, demic years immediately following the finding of the vi- 3rd-party witness statements, electronically stored infor- olation giving rise to this penalty.