Wisconsin 2019-2020 Regular Session Status: In Committee 1 R cosponsors

SB 403 — Relating to: free expression within the University of Wisconsin System, providing an exemption from rule-making procedures, and granting rule-making authority.

Last action — Failed to pass pursuant to Senate Joint Resolution 1

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019-2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

224 added · 393 removed

Plain-language change summary

The updated bill now includes a requirement for both the University of Wisconsin System and the Technical College System to adopt policies on free expression, broadening its scope beyond just the University system. It also emphasizes that the primary role of these institutions is to promote knowledge and does not allow them to shield individuals from constitutionally protected speech. This change is significant as it aims to enhance free expression across all public institutions of higher education in Wisconsin, potentially leading to a more open and diverse exchange of ideas on campus.

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- 2020 LEGISLATURE LRBs0167/1 MDK:kjf&amn SENATE SUBSTITUTE AMENDMENT 1, TO SENATE BILL 403 November 19, 2019 - Offered by Senator K APENGA .
- 2020 LEGISLATURE LRB-3925/1 MDK:kjf SENATE BILL 403 September 16, 2019 - Introduced by Senators APENGA , TROEBEL, BERNIER, RAIG and OLSEN , cosponsored by RepresentativesORLACHER, VOS, MURPHY, LLEN , B RANDTJEN, D ITTRIC, D UCHOW , EDMING , FELZKOWSKI, G UNDRUM , JAMES , K ATSMA, KITCHENS, K NODL, K RUG, K UGLITSCH, KULP, M ACCO, M AGNAFICI, Q UINN, RAMTHUN , ROHRKASTE , KOWRONSKI , SORTWELL , STEFFEN, TAUCHEN , THIESFELDT and T USLER.
Referred to Committee on Universities, Technical Colleges, Children and Families.
and to create 36.02, 38.002 and 227.01 (13) (Lo) of the statutes;
and to create 36.02 and 227.01 (13) (Lo) of the statutes;
free expression within the University of Wisconsin and Technical College Systems, providing an exemption from rule-making procedures, and granting rule-making authority.
free expression within the University of Wisconsin System, providing an exemption from rule-making procedures, and granting rule-making authority.
Analysis by the Legislative Reference Bureau This bill requires both the Board of Regents of the University of Wisconsin System and the Technical College System Board each to adopt a policy on free expression that applies at each UW institution and technical college and supersedes and nullifies any prior policies or rules restricting free expression.
Analysis by the Legislative Reference Bureau 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.
The bill allows each board to adopt the policy without promulgating rules and requires the policy to be adopted no later than 120 days after the bill's effective date.
The bill allows the Board of Regents to adopt the policy without promulgating rules and requires the policy to be adopted no later than 120 days after the bill's effective date.
1) that the primary function of a UW institution or technical college is the discovery, improvement, transmission, and dissemination of knowledge;
1) that the primary function of an institution is the discovery, improvement, transmission, and dissemination of knowledge;
2) that it is not the proper role of a UW institution or technical college to shield individuals from speech protected by the First Amendment of the U.S.
2) that it is not the proper role of an institution to shield individuals from speech protected by the First Amendment of the U.S.
4) that any person lawfully present on campus may protest or demonstrate, but may not engage in conduct that materially and substantially disrupts another's expressive LRBs0167/1 - 2020 Legislature - 2 - MDK:kjf&amn activity in a campus space reserved for that activity under the exclusive control of a particular group;
4) that any person lawfully present on campus may protest or demonstrate, but that protests and demonstrations that interfere with the expressive rights of others are subject to sanction;
and 7) that UW institutions and technical colleges may not take action on public policy controversies in such a way that requires students or faculty to publicly express a given view of social policy.
and 7) that institutions must remain neutral on public policy controversies.
The policy must include a range of disciplinary sanctions for anyone under a UW institution's or technical college's jurisdiction who engages in violent or other disorderly conduct that materially and substantially disrupts the free expression of others.
- 2020 Legislature - 2 - LRB-3925/1 MDK:kjf SENATE BILL 403 The policy must include a range of disciplinary sanctions for anyone under an institution's jurisdiction who engages in violent or other disorderly conduct that materially and substantially disrupts the free expression of others.
The bill provides that UW institutions and technical colleges may restrict student expression only for expressive activity that is not protected by the First Amendment, including state or federal law violations, defamation, specified types of harassment and threats, certain invasions of privacy or confidentiality, and violations of reasonable time, place, or manner restrictions on expressive activities.
The bill provides that institutions may restrict student expression only for expressive activity that is not protected by the First Amendment, including state or federal law violations, defamation, specified types of harassment and threats, certain invasions of privacy or confidentiality, and violations of reasonable time, place, or manner restrictions on expressive activities.
The bill also requires the boards to make annual reports to the legislature and governor that describe institutional neutrality, free expression barriers and disruptions, and administrative handling and discipline relating to those barriers and disruptions.
The bill also requires the Board of Regents to make annual reports to the legislature and governor that describe institutional neutrality, free expression barriers and disruptions, and administrative handling and discipline relating to those barriers and disruptions.
Sets forth legislative findings regarding free expression at UW institutions and technical colleges.
Sets forth legislative findings regarding free expression at the institutions of the UW System.
Requires the boards to provide notice to students upon adopting the policy required under the bill.
Requires the Board of Regents to provide notice to students upon adopting the policy required under the bill.
Requires UW institutions and technical colleges to do the following:
Requires institutions to do the following:
b) provide training on those policies and procedures to LRBs0167/1 - 2020 Legislature - 3 - MDK:kjf&amn employees upon hiring;
b) provide training on those policies and procedures to employees upon hiring;
36.02 Campus Free Speech Act.
LRB-3925/1 - 2020 Legislature - 3 - MDK:kjf S ECTION 1 SENATE BILL 403 36.02 Campus Free Speech Act.
LRBs0167/1 - 2020 Legislature - 4 - MDK:kjf&amn SECTION 1 (e) The legislature views freedom of expression as being of critical importance and requires that each institution ensure free, robust, and uninhibited debate and deliberation by students whether on or off campus.
(e) The legislature views freedom of expression as being of critical importance and requires that each institution ensure free, robust, and uninhibited debate and deliberation by students whether on or off campus.
(2) SHORT TITLE.This section shall be known as the “Campus Free Speech Act.” (3) D EFINITIONS.In this section:
(2) HORT TITLE.
(a) “Institution” means a college campus or university.
This section shall be known as the “Campus Free Speech Act.” (3) DEFINITIONS.In this section:
(b) “Materially and substantially disrupts” means when a person, with the intent to or knowledge of doing so, significantly hinders another person's or group's expressive activity, prevents the communication of a message, or prevents the transaction of the business of a lawful meeting, gathering, or procession by engaging in fighting, violence, or seriously disruptive behavior, or physically blocking or hindering another person from attending, listening to, viewing, or otherwise participating in an expressive activity.
- 2020 Legislature - 4 - LRB-3925/1 MDK:kjf SENATE BILL 403 S ECTION 1 (a) “Institution” means a college campus or university.
“Materially and substantially disrupts” does not include engaging in conduct that is protected under the First Amendment of the U.S.
(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 deprives the victim of access to the educational opportunities or benefits provided by an institution.
Constitution, including any of the following:
(c) “Quid pro quo sexual harassment” means explicitly or implicitly conditioning a student's participation in an education program or activity or basing an educational decision on the student's submission to unwelcome sexual advances, requests for sexual favors, or other verbal, nonverbal, or physical conduct of a sexual nature.
1.
(d) “True threat” means a statement that a speaker would reasonably foresee that a listener would reasonably interpret as a serious expression of a purpose to inflict harm, as distinguished from hyperbole, jest, innocuous talk, expressions of political views, or other speech that is similarly protected under the First Amendment of the U.S.
Lawful protests or counterprotests in the outdoor areas of campus generally accessible to the members of the public, except during times when those areas have been reserved in advance for other events.
2.
Minor, brief, or fleeting nonviolent disruptions of events that are isolated and short in duration.
(c) “Peer-on-peer harassment” means conduct directed by one student towards another individual student, on the basis of that other student's race, color, creed, religion, political views, sex, national origin, disability, ancestry, age, sexual LRBs0167/1 - 2020 Legislature - 5 - MDK:kjf&amn SECTION 1 orientation, gender identity, pregnancy, marital status, parental status, or military status, that is so severe, pervasive, and objectively offensive that it effectively deprives the victim of access to the educational opportunities or benefits provided by an institution.
(d) “Quid pro quo sexual harassment” means explicitly or implicitly conditioning a student's participation in an education program or activity or basing an educational decision on the student's submission to unwelcome sexual advances, requests for sexual favors, or other verbal, nonverbal, or physical conduct of a sexual nature.
(e) “True threat” means a statement that a speaker would reasonably foresee that a listener would reasonably interpret as a serious expression of an intent to commit an unlawful act of violence to a particular individual or group of individuals, as distinguished from hyperbole, jest, innocuous talk, expressions of political views, or other speech that is similarly protected under the First Amendment of the U.S.
(4) FREE EXPRESSION POLICY(a) Statements.
(4) FREE EXPRESSION POLICY.(a) Statements.
That the primary function of an institution is the discovery, improvement, transmission, and dissemination of knowledge by means of research, teaching, discussion, and debate.
That the primary function of an institution is the discovery, improvement, transmission, and dissemination of knowledge by means of research, teaching, LRB-3925/1 - 2020 Legislature - 5 - MDK:kjf SECTION 1 SENATE BILL 403 discussion, and debate.
LRBs0167/1 - 2020 Legislature - 6 - MDK:kjf&amn SECTION 1 2.
2.
Constitution permits and within the limits of reasonable viewpoint-neutral and content-neutral restrictions on time, place, and manner of expression that are consistent with this section and that are in furtherance of a significant institutional interest, provided that these restrictions are clear, published, and provide ample alternative means of expression.
Constitution permits and within the limits of reasonable viewpoint-neutral and content-neutral restrictions on time, place, and manner of expression that are consistent with this section and that are necessary to achieve a significant institutional interest, provided that these restrictions are clear, published, and provide ample alternative means of expression.
This statement shall make clear that persons may not engage in conduct that materially and substantially disrupts another's expressive activity if that activity is occurring in a campus space reserved for that activity under the exclusive control of a particular group.
This statement shall make clear that protests and demonstrations that interfere with the rights of others to engage in or listen to expressive activity shall not be permitted and shall be subject to sanction.
This statement shall not prohibit professors or other instructors from maintaining order in the classroom.
7.
- 2020 Legislature - 6 - LRB-3925/1 MDK:kjf SENATE BILL 403 S ECTION 1 7.
That each institution may not take action, as an institution, on the public policy controversies of the day in such a way as to require students or faculty to publicly express a given view of social policy.
That each institution shall strive to remain neutral, as an institution, on the public policy controversies of the day, and may not take action, as an institution, on the public policy controversies of the day in such a way as to require students or faculty to publicly express a given view of social policy.
LRBs0167/1 - 2020 Legislature - 7 - MDK:kjf&amn SECTION 1 (b) Discipline.
(b) Discipline.
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Provide that in all disciplinary cases involving expressive conduct, students are entitled to a disciplinary hearing under published procedures, including at least all of the following:
Provide that in all disciplinary cases involving expressive conduct, students are entitled to a disciplinary hearing under published procedures, including, at least all of the following:
5.
LRB-3925/1 - 2020 Legislature - 7 - MDK:kjf SECTION 1 SENATE BILL 403 5.
LRBs0167/1 - 2020 Legislature - 8 - MDK:kjf&amn SECTION 1 6.
6.
The Board of Regents and each institution shall remove or revise any such provisions in its policies and rules to ensure compatibility with the policy required under par.
The Board of Regents and each institution shall remove or revise any such provisions in its policies and rules to ensure compatibility with the the policy required under par.
2.
- 2020 Legislature - 8 - LRB-3925/1 MDK:kjf SENATE BILL 403 SECTION 1 2.
LRBs0167/1 - 2020 Legislature - 9 - MDK:kjf&amn SECTION 1 3.
3.
(9) R ESTRICTION OF STUDENT EXPRESSION.
LRB-3925/1 - 2020 Legislature - 9 - MDK:kjf SECTION 1 SENATE BILL 403 (9) R ESTRICTION OF STUDENT EXPRESSION.
LRBs0167/1 - 2020 Legislature - 10 - MDK:kjf&amn SECTION 1 (a) Violations of state or federal law.
(a) Violations of state or federal law.
(10) ENFORCEMENT.
(10) E NFORCEMENT.
(a), if the court finds that a violation occurred, the court shall award injunctive relief for the violation, and, notwithstanding s.
(a), if the court finds that a violation of this subsection occurred, the court shall award injunctive relief for the violation, and, notwithstanding s.
(a) shall bring an action for a violation within one year after the date the cause of action accrues.
(a) shall bring an action for a violation of this subsection within one year after the date the cause of action accrues.
For the purpose of calculating the one-year limitation period, each day that the violation persists or each day that a policy in violation of this section remains in effect constitutes a new violation and shall be considered a day that the cause of action has accrued.
For the purpose of calculating the one-year limitation period, each day that the violation persists or - 2020 Legislature - 10 - LRB-3925/1 MDK:kjf SENATE BILL 403 SECTION 1 each day that a policy in violation of this subsection remains in effect constitutes a new violation of this subsection and shall be considered a day that the cause of action has accrued.
814.04 LRBs0167/1 - 2020 Legislature - 11 - MDK:kjf&amn S ECTION 1 (1), the defendant shall recover reasonable attorney fees incurred in connection with defending the action.
814.04 (1), the defendant shall recover reasonable attorney fees incurred in connection with defending the action.
38.002 of the statutes is created to read:
38.002 Campus free speech.
(1) L EGISLATIVE FINDINGS.
The legislative findings regarding the institutions of the University of Wisconsin System under s.
36.02 (1) apply with equal force to technical colleges.
(2) HORT TITLE.
This section shall be known as the “Campus Free Speech Act.” (3) DEFINITIONS.In this section:
(a) “Materially and substantially disrupts” has the meaning given in s.
36.02 (3) (b).
(b) “Peer-on-peer harassment” has the meaning given in s.
36.02 (3) (c), except that, for purposes of this section, the word institution in s.
36.02 (3) (c) means a technical college.
(c) “Quid pro quo sexual harassment” has the meaning given in s.
36.02 (3) (d).
(d) “True threat” has the meaning given in s.
36.02 (3) (e).
(4) FREE EXPRESSION POLICY(a) Statements.
No later than 120 days after the effective date of this paragraph ....
[LRB inserts date], the board shall develop and adopt a policy on free expression that contains statements of at least all the following:
1.
That the primary function of a technical college is the discovery, improvement, transmission, and dissemination of knowledge by means of research, LRBs0167/1 - 2020 Legislature - 12 - MDK:kjf&amn SECTION 3 teaching, discussion, and debate.
This statement shall provide that, to fulfill this function, a technical college must strive to ensure the fullest degree of intellectual freedom and free expression.
2.
That it is not the proper role of a technical college to shield individuals from speech protected by the First Amendment of the U.S.
Constitution, including ideas and opinions they find unwelcome, disagreeable, or even deeply offensive.
3.
That students and faculty have the freedom to discuss any problem that presents itself, as the First Amendment of the U.S.
Constitution permits and within the limits of reasonable viewpoint-neutral and content-neutral restrictions on time, place, and manner of expression that are consistent with this section and that are in furtherance of a significant technical college interest, provided that these restrictions are clear, published, and provide ample alternative means of expression.
Students and faculty shall be permitted to assemble and engage in spontaneous expressive activity as long as such activity is not unlawful and does not materially and substantially disrupt the functioning of a technical college, subject to the requirements of this section.
4.
That any person lawfully present on campus may protest or demonstrate there.
This statement shall make clear that persons may not engage in conduct that materially and substantially disrupts another's expressive activity if that activity is occurring in a campus space reserved for that activity under the exclusive control of a particular group.
5.
That the technical college campuses are open to any speaker whom students, student groups, or members of the faculty have invited.
6.
That the public areas of technical colleges are public forums and open on the same terms to any speaker.
LRBs0167/1 - 2020 Legislature - 13 - MDK:kjf&amn SECTION 3 7.
That each technical college may not take action, as an institution, on the public policy controversies of the day in such a way as to require students or faculty to publicly express a given view of social policy.
(b) Discipline.
The policy required under par.
(a) shall satisfy all of the following:
1.
Include a range of disciplinary sanctions for anyone under the jurisdiction of the technical college who engages in violent or other disorderly conduct that materially and substantially disrupts the free expression of others.
2.
Provide that in all disciplinary cases involving expressive conduct, students are entitled to a disciplinary hearing under published procedures, including at least all of the following:
a.
The right to receive advanced written notice of the charges.
b.
The right to review the evidence in support of the charges.
c.
The right to confront witnesses against them.
d.
The right to present a defense.
e.
The right to call witnesses.
f.
A decision by an impartial arbiter or panel.
g.
The right of appeal.
h.
The right to active assistance of counsel.
3.
Require informing a student that he or she has the option to record his or her disciplinary hearing under subd.
2.
4.
Require a formal investigation and disciplinary hearing the 2nd time a student is alleged to have interfered with the expressive rights of others.
LRBs0167/1 - 2020 Legislature - 14 - MDK:kjf&amn SECTION 3 5.
Require suspension for a minimum of one semester of any student who has twice been found responsible for interfering with the expressive rights of others at any time during the student's enrollment.
6.
Require the expulsion of any student who has thrice been found responsible for interfering with the expressive rights of others at any time during the student's enrollment.
(c) Reporting.
The policy required under par.
(a) shall include requirements and procedures for all of the following:
1.
Allowing any person to make a report that another person has violated this section or the policy.
2.
Requiring a formal investigation and disciplinary hearing if 2 or more reports are made regarding the same person's violation of this section or the policy.
(d) Inconsistent policies and rules.
The policy required under par.
(a) supersedes and nullifies any prior provisions in the policies and rules of the board, a technical college district, or a technical college that restrict speech on campus and are, therefore, inconsistent with the policy.
The board and each technical college district and technical college shall remove or revise any such provisions in its policies and rules to ensure compatibility with the policy required under par.
(a).
(5) L EGISLATIVE REPORT.(a) Annually, no later than September 1, the board shall submit to the governor and the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under s.
13.172 (3), a report that includes all of the following:
1.
A description of any barriers to or disruptions of free expression within technical colleges.
LRBs0167/1 - 2020 Legislature - 15 - MDK:kjf&amn S ECTION 3 2.
A description of the administrative handling and discipline relating to disruptions or barriers described in subd.
1.
and a description of all disciplinary hearings involving expressive conduct and the outcomes of those hearings.
3.
A description of substantial difficulties, controversies, or successes in maintaining a posture of administrative and institutional neutrality with regard to political or social issues.
4.
Any assessments, criticisms, commendations, or recommendations the board sees fit to include in the report.
(b) Each standing committee that receives a report under par.
(a) shall hold a public hearing before taking any action regarding that report.
(c) The board shall make the report required under par.
(a) available to the public on the technical college system's Internet site.
(6) N OTICE;
ORIENTATION;
TRAINI.
(a) Upon adoption of the policy required under sub.
(4) (a), the board shall provide a notice to all students enrolled in the technical college system informing the students about the policy.
(b) Each technical college shall include in orientation programs for freshmen and transfer students a section describing the policies and rules regarding free expression consistent with this section.
Upon hiring, each technical college shall provide training to employees on those policies and rules.
Each technical college shall provide annual training to instructors on those policies and rules.
(7) RULES.
The board may promulgate rules to further the purposes of the policy required under sub.
(4) (a).
(8) C ONSTRUCTION.
Nothing in this section shall be construed to prevent technical colleges from regulating student speech or activity that is prohibited by law.
LRBs0167/1 - 2020 Legislature - 16 - MDK:kjf&amn SECTION 3 (9) RESTRICTION OF STUDENT EXPRESSION.
Except as further limited by this section, technical colleges may restrict student expression only for expressive activity not protected by the First Amendment of the U.S.
Constitution, including any of the following:
(a) Violations of state or federal law.
(b) Expression that a court has deemed unprotected defamation.
(c) Peer-on-peer harassment.
(d) Quid pro quo sexual harassment.
(e) True threats.
(f) An unjustifiable invasion of privacy or confidentiality not involving a matter of public concern.
(g) An action that unlawfully disrupts the function of a technical college.
(h) A violation of a reasonable time, place, and manner restriction on expressive activities that is consistent with sub.
(4) (a) 3.
(10) ENFORCEMENT.
(a) A person whose expressive rights are violated by a violation of this section or the policy adopted under sub.
(4) (a) may bring an action to enjoin the violation of this section or the policy.
(b) In an action brought under par.
(a), if the court finds that a violation occurred, the court shall award injunctive relief for the violation, and, notwithstanding s.
814.04 (1), reasonable attorney fees and costs.
The court shall also award the actual damages caused by the violation or $1,000, whichever is greater.
(c) A person specified in par.
(a) shall bring an action for a violation within one year after the date the cause of action accrues.
For the purpose of calculating the one-year limitation period, each day that the violation persists or each day that a LRBs0167/1 - 2020 Legislature - 17 - MDK:kjf&amn SECTION 3 policy in violation of this section remains in effect constitutes a new violation and shall be considered a day that the cause of action has accrued.
(d) If a defendant prevails in an action brought under par.
(a) and the court finds the action was frivolous or brought in bad faith, then, notwithstanding s.
814.04 (1), the defendant shall recover reasonable attorney fees incurred in connection with defending the action.
SECTION 4.
227.01 (13) (Lo) Adopts a policy required under s.
227.01 (13) (Lo) Adopts the policy required under s.
36.02 (4) (a) or 38.002 (4) (a).
36.02 (4) (a).
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Action History

  1. Failed to pass pursuant to Senate Joint Resolution 1

  2. Available for scheduling

  3. Report passage as amended recommended by Committee on Universities, Technical Colleges, Children and Families, Ayes 4, Noes 3

  4. Report adoption of Senate Substitute Amendment 1 recommended by Committee on Universities, Technical Colleges, Children and Families, Ayes 4, Noes 3

  5. Executive action taken

  6. Public hearing held

  7. Senate Substitute Amendment 1 offered by Senator Kapenga

  8. Representative Wittke added as a cosponsor

  9. Read first time and referred to Committee on Universities, Technical Colleges, Children and Families

  10. Introduced by Senators Kapenga, Stroebel, Bernier, Craig and Olsen; cosponsored by Representatives Horlacher, Vos, Murphy, Allen, Brandtjen, Dittrich, Duchow, Edming, Felzkowski, Gundrum, James, Katsma, Kitchens, Knodl, Krug, Kuglitsch, Kulp, Macco, Magnafici, Quinn, Ramthun, Rohrkaste, Skowronski, Sortwell, Steffen, Tauchen, Thiesfeldt and Tusler

Sponsors

  • Chris Kapenga · Primary
  • Stroebel · Primary
  • Bernier · Primary
  • Craig · Primary
  • Olsen · Primary

Sponsorship breakdown

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5 sponsors · 0 co-sponsors · 127 not signed on

Sponsors (5)

Co-sponsors (0)

None.

Not signed on (127)

127 members have not signed on to this bill.

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Frequently asked questions

Who sponsors SB 403?
SB 403 is sponsored by Kapenga, Chris (Republican), Stroebel, Bernier, Craig, and Olsen.
What is the current status of SB 403?
This bill died with 2019-2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 403?
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