Date of enactment:
2023 Assembly Bill 1065 Date of publication*:
2023 WISCONSIN ACT
AN ACT to create 36.13, 38.235 and 801.50 (5d) of the statutes; relating to: prohibiting University of Wisconsin
System institutions and technical colleges from using loyalty pledges and requiring them to make certain information
publicly available.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
SECTION 1. 36.13 of the statutes is created to read:
36.13 Loyalty pledges. (1) (a) Subject to par. (c),
neither an institution nor an institutional review board
associated with an institution may do any of the follow-
ing:
1. Condition admission of or financial aid to an appli-
cant on the applicant’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.
2. Condition the recognition or funding of any stu-
dent organization on the organization or a student pledg-
ing allegiance to or making a statement of personal sup-
port for or opposition to any political ideology or
movement, including a pledge or statement regarding
diversity, equity, inclusion, or related topics.
3. Condition the hiring, reappointment, annual
review, performance review, or promotion of a faculty
member or prospective faculty member, or the research
approval for a researcher, on the person’s pledging alle-
giance 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.
4. Request or require a pledge or statement described
in subds. 1. to 3. from an applicant for admission, a stu-
dent or student organization, or a faculty member or
prospective faculty member.
(b) Subject to par. (c), if an institution receives a
pledge or statement from an applicant for admission, a
student or student organization, or a faculty member or
prospective faculty member describing a commitment to
any political ideology or movement, including a pledge
or statement regarding diversity, equity, inclusion, or
related topics, the institution may not grant admission of
or financial aid to the applicant, recognize or provide
funding to or withhold recognition or funding from the
student organization, or hire, reappoint, or promote the
faculty member or prospective faculty member, on the
basis of the viewpoints expressed in the pledge or state-
ment.
(c) This subsection shall not be construed to do any
of the following:
1. Prohibit an institution from requiring any person
to comply with federal or state law, including antidis-
crimination laws, or from taking action against such a
person for violating federal or state law.
* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 2023 Assembly Bill 1065
2. Limit or restrict the academic freedom of faculty
or prevent faculty members from teaching, researching,
or writing publications about diversity, equity, inclusion,
or related topics.
3. Prohibit an institution from considering, in good
faith, a faculty member’s scholarship, teaching, or sub-
ject−matter expertise in the faculty member’s academic
field.
(2) Each institution shall post and make publicly
available on its website all training materials used for stu-
dents, faculty, and staff on all matters of nondiscrimina-
tion, diversity, equity, inclusion, race, ethnicity, sex, or
bias and all policies and guidance of the board and the
institution on these matters.
(3) (a) An applicant for admission, student, student
organization, faculty member, or prospective faculty
member may bring a civil action in circuit court against
an institution for a violation of sub. (1), and against any
employee of the institution whose actions caused or con-
tributed to the violation. The civil action may seek
declaratory relief, an injunction against further violation
of sub. (1), an award of damages, or any combination of
these remedies.
(b) An injunction imposed under this subsection
against an institution because of a violation of sub. (1)
may include an order requiring the institution to do any
of the following:
1. Admit the applicant for enrollment as a student.
2. Reenroll a student who was suspended or expelled.
3. Hire a person for the position for which the per-
son’s employment application was rejected.
4. Rehire in the same or equal position an employee
who was removed or terminated from his or her job.
5. Promote an employee who was denied a promo-
tion.
6. Grant tenure to an employee who was denied ten-
ure.
7. Provide funding to a student organization.
(c) Notwithstanding s. 814.04 (1), in an action under
par. (a), the court may award the prevailing party reason-
able attorney fees, in addition to court costs.
(d) A person is not required to exhaust any other
administrative or legal remedy before bringing an action
under par. (a).
(e) The attorney general may file an action to enjoin
a violation of sub. (1), including to invalidate any policy
or practice inconsistent with sub. (1).
(4) (a) An institution shall impose discipline as pro-
vided in par. (b) or (c) on an employee whose actions are
found to have caused or contributed to the institution’s
violation of sub. (1), regardless of whether the employee
is tenured, employed at will, or employed on a contract
basis.
(b) An employee who has not previously been disci-
plined under par. (a) shall be placed on unpaid leave for
the academic year that commences immediately after the
violation of sub. (1). During this period of unpaid leave,
the employee may not be assigned to any institution, and
no technical college district board may hire the
employee.
(c) An employee who has been disciplined under par.
(a) within the immediately preceding 5−year period shall
be terminated from employment by the system, and the
employee may not be rehired by the system, or hired by
a technical college district board, within 5 years after the
date of termination.
(d) In any proceeding to impose discipline under this
subsection, the board shall follow the same procedures
established by the board under ss. 36.115 and 36.15 for
other disciplinary matters of similar gravity, including
notice and an opportunity for hearing, but any provision
contrary to this subsection, including any provision relat-
ing to progressive discipline, shall not apply. An employ-
ee’s actions that result in a violation of sub. (1) constitute
just cause for the disciplinary actions against the
employee under pars. (b) and (c).
SECTION 2. 38.235 of the statutes is created to read:
38.235 Loyalty pledges. (1) (a) Subject to par. (c),
neither a district board nor an institutional review board
associated with a district board may do any of the follow-
ing:
1. Condition admission of or financial aid to an appli-
cant on the applicant’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.
2. Condition the recognition or funding of any stu-
dent organization on the organization or a student pledg-
ing allegiance to or making a statement of personal sup-
port for or opposition to any political ideology or
movement, including a pledge or statement regarding
diversity, equity, inclusion, or related topics.
3. Condition the hiring, reappointment, annual
review, performance review, or promotion of a faculty
member or prospective faculty member, or the research
approval for a researcher, on the person’s pledging alle-
giance 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.
4. Request or require a pledge or statement described
in subds. 1. to 3. from an applicant for admission, a stu-
dent or student organization, or a faculty member or
prospective faculty member.
(b) Subject to par. (c), if a district board receives a
pledge or statement from an applicant for admission, a
student or student organization, or a faculty member or
prospective faculty member describing a commitment to
any political ideology or movement, including a pledge
or statement regarding diversity, equity, inclusion, or
related topics, the district board may not grant admission − 3 − 2023 Wisconsin Act 2023 Assembly Bill 1065
of or financial aid to the applicant, recognize or provide
funding to or withhold recognition or funding from the
student organization, or hire, reappoint, or promote the
faculty member or prospective faculty member, on the
basis of the viewpoints expressed in the pledge or state-
ment.
(c) This subsection shall not be construed to do any
of the following:
1. Prohibit a district board from requiring any person
to comply with federal or state law, including antidis-
crimination laws, or from taking action against such a
person for violating federal or state law.
2. Limit or restrict the academic freedom of faculty
or prevent faculty members from teaching, researching,
or writing publications about diversity, equity, inclusion,
or related topics.
3. Prohibit a district board from considering, in good
faith, a faculty member’s scholarship, teaching, or sub-
ject−matter expertise in the faculty member’s academic
field.
(2) Each district board shall post and make publicly
available on its website all training materials used for stu-
dents, faculty, and staff on all matters of nondiscrimina-
tion, diversity, equity, inclusion, race, ethnicity, sex, or
bias and all of the district board’s policies and guidance
on these matters.
(3) (a) An applicant for admission, student, student
organization, faculty member, or prospective faculty
member may bring a civil action in circuit court against
a district board for a violation of sub. (1), and against any
employee of the district board whose actions caused or
contributed to the violation. The civil action may seek
declaratory relief, an injunction against further violation
of sub. (1), an award of damages, or any combination of
these remedies.
(b) An injunction imposed under this subsection
against a district board because of a violation of sub. (1)
may include an order requiring the institution to do any
of the following:
1. Admit the applicant for enrollment as a student.
2. Reenroll a student who was suspended or expelled.
3. Hire a person for the position for which the per-
son’s employment application was rejected.
4. Rehire in the same or equal position an employee
who was removed or terminated from his or her job.
5. Promote an employee who was denied a promo-
tion.
6. Grant tenure to an employee who was denied ten-
ure.
7. Provide funding to a student organization.
(c) Notwithstanding s. 814.04 (1), in an action under
par. (a), the court may award the prevailing party reason-
able attorney fees, in addition to court costs.
(d) A person is not required to exhaust any other
administrative or legal remedy before bringing an action
under par. (a).
(e) The attorney general may file an action to enjoin
a violation of sub. (1), including to invalidate any policy
or practice inconsistent with sub. (1).
(f) Section 893.80 does not apply to an action brought
against a district board under par. (a).
(4) (a) A district board shall impose discipline as pro-
vided in par. (b) or (c) on an employee whose actions are
found to have caused or contributed to the district board’s
violation of sub. (1), regardless of whether the employee
is tenured, employed at will, or employed on a contract
basis.
(b) An employee who has not previously been disci-
plined under par. (a) shall be placed on unpaid leave for
the academic year that commences immediately after the
violation of sub. (1). During this period of unpaid leave,
neither the University of Wisconsin System nor any dis-
trict board may hire the employee.
(c) An employee who has been disciplined under par.
(a) within the immediately preceding 5−year period shall
be terminated from employment, and the employee may
not be rehired by the district board, or hired by any other
district board or the University of Wisconsin System,
within 5 years after the date of termination.
(d) In any proceeding to impose discipline under this
subsection, a district board shall follow the same proce-
dures established by the district board for other disci-
plinary matters of similar gravity, including notice and an
opportunity for hearing, but any provision contrary to
this subsection, including any provision relating to pro-
gressive discipline, shall not apply. An employee’s
actions that result in a violation of sub. (1) constitute just
cause for the disciplinary actions against the employee
under pars. (b) and (c).
SECTION 3. 801.50 (5d) of the statutes is created to
read:
801.50 (5d) Venue of an action under s. 36.13 (3) (a)
or 38.235 (3) (a) shall be in the county designated by the
plaintiff.
SECTION 4.0Initial applicability.
(1) This act first applies in the first semester or ses-
sion beginning after the effective date of this subsection.