AB 1065

This bill prohibits University of Wisconsin System institutions and technical

colleges from conditioning student admission, conditioning the recognition or

funding of student organizations, or conditioning faculty hiring, reappointment,

annual review, performance review, or promotion on a person's or student

organization's pledging allegiance to or making a statement of personal support for

or opposition to any political ideology or movement, including a pledge or statement

regarding diversity, equity, inclusion, or related topics (loyalty pledge). This

prohibition also applies to an institutional review board associated with the UW

System institution or technical college, which may not condition research approval

for a researcher on a loyalty pledge. The bill also prohibits each UW System

institution and technical college from requesting or requiring such a loyalty pledge

or, if the institution or technical college receives such a loyalty pledge, from taking

action on the basis of the viewpoints expressed in it. The bill provides a private right

of action allowing an applicant for admission, student, student organization, faculty

member, or prospective faculty member to bring a civil action for a violation against

the UW System institution or technical college or its employees whose actions caused

or contributed to the violation. The plaintiff may seek injunctive relief and damages

in court and, if successful, is entitled to reasonable attorney fees. The bill specifies

certain examples of injunctive relief available to plaintiffs, including admission as

a student, rehiring, or promotion to tenure. An employee of a UW System institution

or technical college whose actions caused a violation must be placed on unpaid leave

for the following academic year, except the employee must be terminated if the

employee caused a prior violation within the preceding five years. The bill also

allows the attorney general to file an injunction action against a violating UW

System institution or technical college.

The bill requires each UW System institution and technical college to post and

make publicly available on its website all training materials used for students,

faculty, and staff, and all policies and guidance, on all matters of nondiscrimination,

diversity, equity, inclusion, race, ethnicity, sex, or bias.