AB 885

This bill eliminates immunity for certain campus administrators from liability

for violations of certain individual expressive rights. The bill defines a “campus

administrator” as a University of Wisconsin System or technical college district

board employee who is an academic staff member in an academic administrator,

administrative director, or administrative officer position or a position with similar

duties of authority to determine policy or administer violations. Under the bill, a

person may bring a claim against a campus administrator if that administrator

subjects a person or causes a person to be subjected to the deprivation of any

individual expressive rights secured under article I of the Wisconsin Constitution on

a University of Wisconsin System or technical college system campus. The bill

provides that none of the following applies or may be used as a defense to claims made

under the bill: 1) statutory immunity; 2) statutory limitations on damages; 3) any

claim that the rights, privileges, or immunities secured by article I of the Wisconsin

Constitution or the U.S. Constitution were not clearly established at the time of the

conduct; or 4) any claim that the campus administrator acted in good faith or believed

his or her conduct to be lawful at the time the conduct was committed, or that the

campus administrator did not intend to cause a deprivation of the rights, privileges,

or immunities secured by article I of the Wisconsin Constitution or the U.S.

Constitution.

The bill allows for the recovery of reasonable attorney fees and costs by a

prevailing plaintiff and, if a plaintiff's claims are found to be frivolous, a defendant

may also be awarded reasonable costs and attorney fees. Under the bill, actions

against a college administrator must be commenced within two years after the cause

of action accrues.