AB 299 — Relating to: free expression within the University of Wisconsin System, providing an exemption from rule-making procedures, and granting rule-making authority.

CORRECTED COPY - 2018 LEGISLATURE LRB-2408/1LRB-4261/1 MDK:kjfMDK:kjf&amn ENGROSSED 2017 ASSEMBLY BILL 299 MaySeptember 5,6, 2017 - IntroducedPrinted by Representativesdirection KofENATE REMERC ,HIEFC VOS,LERK. M URPHY, ALLEN, B RANDTJEN, R.B ROOKS, DUCHOW , HORLACHER , HUTTON , KATSMA, KLEEFISCH, K NODL, KOOYENGA , KUGLITSCH, KULP, MURSAU, PETERSEN, QUINN, ROHRKASTE, SANFELIPPO , SKOWRONSKI , SPIROS, TAUCHEN , T HIESFELDT, TITTL, TUSLER, V ORPAGEL andW ICHGERS, cosponsored by Senators ARSDORF,CRAIG,K APENGA, L ASEEand S TROEBEL.

Referred to Committee on Colleges and Universities.

Analysis by the Legislative Reference Bureau ThisEngrossment billinformation: 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 text of Engrossed 2017 Assembly Bill 299 consists of the following documents adopted in the assembly on June 21, 2017:

the bill as affected by Assembly Amendment 2.

The text also includes the May 22, 2017, chief clerk's correction to Assembly Bill 299.

Contents of Engrossed 2017 Assembly Bill 299:

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.

3) that students - 2018 Legislature - 2 - LRB-4261/1 MDK:kjf&amn ENGROSSED ASSEMBLY BILL 299 and faculty have the freedom to discuss any problem as permitted by the First Amendment and within specified limits;

- 2018 Legislature - 2 - LRB-2408/1 MDK:kjf ASSEMBLY BILL 299 The policy must include a range of disciplinary sanctions for anyone under an institution's jurisdiction who engages in violent,violent abusive, indecent, profane, boisterous, obscene, unreasonably loud, or other disorderly conduct that interferesmaterially withand substantially disrupts the free expression of others.

Also, the second time that a student is found responsible for interfering with the expressive rights of others, the policy must require theall student to be suspended for a minimum of onethe semesterfollowing: or expelled.

1) a formal investigation and disciplinary hearing the second time a student is alleged to have interfered with the expressive rights of others;

2) a minimum one-semester suspension of a student who is twice found responsible for such interference;

and 3) the expulsion of a student who is thrice found responsible for such interference.

In addition, the policy must allow persons to report violations of the policy or the bill's requirements and must require a formal investigation and disciplinary hearing if two or more reports are made regarding the same person's violation.

The bill also requires the Board of Regents to appoint a council on free expression to make annual reports to the Board of Regents, legislature, and governor that describe institutional neutrality, free expression barriers and disruptions, and administrative handling and discipline relating to those barriers and disruptions.

The council must consist of 13 members who represent each four-year university and the chairpersons of the assembly and senate standing committees with jurisdiction over universities.

Allows a person whose expressive rights are violated by a violation of the bill's requirements to bring an action to enjoin a violation.violation and allows a defendant to recover attorney fees for a frivolous or bad faith action.

Sets forth legislative findings regarding free expression at the institutions of the UW system.System.

Requires institutionsthe Board of Regents to describeinform freestudents expressionwhen policiesthe andBoard rulesof inRegents freshmanadopts orientationthe programs.policy required by the bill.

4.

Requires institutions to describe free expression policies and rules in freshman orientation programs and provide training to employees on those policies and rules.

5.

Requires the Board of Regents to make annual reports to the governor and legislature regarding free expression within institutions.

The report must include specified information about disciplinary hearings and other matters.

LRB-4261/1 - 2018 Legislature - 3 - MDK:kjf&amn SECTION 1 ENGROSSED ASSEMBLY BILL 299 36.02 Campus Free Speech Act.

(1) L EGISLATIVE FINDINGS.FINDINGSThe legislature finds all of the following:

The legislature finds all of the following:

LRB-2408/1 - 2018 Legislature - 3 - MDK:kjf S ECTION 1 ASSEMBLY BILL 299 (c) In recent years, institutions have abdicated their responsibility to uphold free speech principles and these failures make it appropriate for the system to restate and confirm its commitment in this regard.

(2) HORT TITLE.TITLE.This section shall be known as the “Campus Free Speech Act.” (3) DEFINITIONS.In this section:

This- section2018 shallLegislature be- known4 as- theLRB-4261/1 “CampusMDK:kjf&amn FreeENGROSSED SpeechASSEMBLY Act.”BILL (3)299 DEFINITIONS.InS thisECTION section:1 (a) “Institution” means a college campus or university.

(a)(b) “Institution”“Peer-on-peer harassment” means aconduct collegedirected campusby 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 university.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.

(b) “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 - 2018 Legislature - 4 - LRB-2408/1 MDK:kjf ASSEMBLY BILL 299 S ECTION 1 deprives the victim of access to the educational opportunities or benefits provided by an institution.

That the primary function of an institution is the discovery, improvement, transmission, and dissemination of knowledge by means of research, teaching, LRB-4261/1 - 2018 Legislature - 5 - MDK:kjf&amn SECTION 1 ENGROSSED ASSEMBLY BILL 299 discussion, and debate.

LRB-2408/1 - 2018 Legislature - 5 - MDK:kjf SECTION 1 ASSEMBLY BILL 299 3.

- 2018 Legislature - 6 - LRB-4261/1 MDK:kjf&amn ENGROSSED ASSEMBLY BILL 299 S ECTION 1 7.

- 2018 Legislature - 6 - LRB-2408/1 MDK:kjf ASSEMBLY BILL 299 SECTION 1 1.

Include a range of disciplinary sanctions for anyone under the jurisdiction of the institution who engages in violent,violent abusive, indecent, profane, boisterous, obscene, unreasonably loud, or other disorderly conduct that interferesmaterially withand substantially disrupts the free expression of others.

The right to active assistance of counsel,counsel. if suspension for longer than 9 days or expulsion are potential penalties.

2m.