SB 403

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 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. The policy must

contain statements regarding the following: 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 an institution to shield individuals from

speech protected by the First Amendment of the U.S. Constitution; 3) that students

and faculty have the freedom to discuss any problem as permitted by the First

Amendment and within specified limits; 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; 5) that

campuses are open to invited speakers; 6) that public areas are public forums and

open on the same terms to any speaker; and 7) that institutions must remain neutral

on public policy controversies.

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. In addition, the

policy must provide that in disciplinary cases involving expressive conduct, students

are entitled to a disciplinary hearing under published procedures that include

specified rights. The policy must require a formal investigation and disciplinary

hearing the second time a student is alleged to have interfered with the expressive

rights of others. If a student is twice found responsible for interfering with the

expressive rights of others at any time during his or her enrollment, the student must

be suspended for a minimum of one semester. If a student is found responsible for

such interference a third time, the student must be expelled.

The bill also requires the policy to allow any person to make a report that

another person has violated the policy. In addition, a formal investigation and

disciplinary hearing is required if two or more such reports are made regarding the

same person.

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 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