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Wisconsin Assembly Bill AB1065

Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB1065 Compare Versions

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33 2023 - 2024 LEGISLATURE
44 2023 ASSEMBLY BILL 1065
55 February 2, 2024 - Introduced by Representatives MOSES, MURPHY, NEDWESKI,
66 CALLAHAN, O'CONNOR, BRANDTJEN, DITTRICH, GREEN and MAXEY, cosponsored
77 by Senator NASS. Referred to Committee on Colleges and Universities.
88 ***AUTHORS SUBJECT TO CHANGE***
99 AN ACT to create 36.13, 38.235 and 801.50 (5d) of the statutes; relating to:
1010 prohibiting University of Wisconsin System institutions and technical colleges
1111 from using loyalty pledges and requiring them to make certain information
1212 publicly available.
1313 Analysis by the Legislative Reference Bureau
1414 This bill prohibits University of Wisconsin System institutions and technical
1515 colleges from conditioning student admission, conditioning the recognition or
1616 funding of student organizations, or conditioning faculty hiring, reappointment,
1717 annual review, performance review, or promotion on a person's or student
1818 organization's pledging allegiance to or making a statement of personal support for
1919 or opposition to any political ideology or movement, including a pledge or statement
2020 regarding diversity, equity, inclusion, or related topics (loyalty pledge). This
2121 prohibition also applies to an institutional review board associated with the UW
2222 System institution or technical college, which may not condition research approval
2323 for a researcher on a loyalty pledge. The bill also prohibits each UW System
2424 institution and technical college from requesting or requiring such a loyalty pledge
2525 or, if the institution or technical college receives such a loyalty pledge, from taking
2626 action on the basis of the viewpoints expressed in it. The bill provides a private right
2727 of action allowing an applicant for admission, student, student organization, faculty
2828 member, or prospective faculty member to bring a civil action for a violation against
2929 the UW System institution or technical college or its employees whose actions caused
3030 or contributed to the violation. The plaintiff may seek injunctive relief and damages
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3636 ASSEMBLY BILL 1065
3737 in court and, if successful, is entitled to reasonable attorney fees. The bill specifies
3838 certain examples of injunctive relief available to plaintiffs, including admission as
3939 a student, rehiring, or promotion to tenure. An employee of a UW System institution
4040 or technical college whose actions caused a violation must be placed on unpaid leave
4141 for the following academic year, except the employee must be terminated if the
4242 employee caused a prior violation within the preceding five years. The bill also
4343 allows the attorney general to file an injunction action against a violating UW
4444 System institution or technical college.
4545 The bill requires each UW System institution and technical college to post and
4646 make publicly available on its website all training materials used for students,
4747 faculty, and staff, and all policies and guidance, on all matters of nondiscrimination,
4848 diversity, equity, inclusion, race, ethnicity, sex, or bias.
4949 The people of the state of Wisconsin, represented in senate and assembly, do
5050 enact as follows:
5151 SECTION 1. 36.13 of the statutes is created to read:
5252 36.13 Loyalty pledges. (1) (a) Subject to par. (c), neither an institution nor
5353 an institutional review board associated with an institution may do any of the
5454 following:
5555 1. Condition admission of or financial aid to an applicant on the applicant's
5656 pledging allegiance to or making a statement of personal support for or opposition
5757 to any political ideology or movement, including a pledge or statement regarding
5858 diversity, equity, inclusion, or related topics.
5959 2. Condition the recognition or funding of any student organization on the
6060 organization or a student pledging allegiance to or making a statement of personal
6161 support for or opposition to any political ideology or movement, including a pledge
6262 or statement regarding diversity, equity, inclusion, or related topics.
6363 3. Condition the hiring, reappointment, annual review, performance review, or
6464 promotion of a faculty member or prospective faculty member, or the research
6565 approval for a researcher, on the person's pledging allegiance to or making a
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8383 SECTION 1
8484 ASSEMBLY BILL 1065
8585 statement of personal support for or opposition to any political ideology or movement,
8686 including a pledge or statement regarding diversity, equity, inclusion, or related
8787 topics.
8888 4. Request or require a pledge or statement described in subds. 1. to 3. from an
8989 applicant for admission, a student or student organization, or a faculty member or
9090 prospective faculty member.
9191 (b) Subject to par. (c), if an institution receives a pledge or statement from an
9292 applicant for admission, a student or student organization, or a faculty member or
9393 prospective faculty member describing a commitment to any political ideology or
9494 movement, including a pledge or statement regarding diversity, equity, inclusion, or
9595 related topics, the institution may not grant admission of or financial aid to the
9696 applicant, recognize or provide funding to or withhold recognition or funding from
9797 the student organization, or hire, reappoint, or promote the faculty member or
9898 prospective faculty member, on the basis of the viewpoints expressed in the pledge
9999 or statement.
100100 (c) This subsection shall not be construed to do any of the following:
101101 1. Prohibit an institution from requiring any person to comply with federal or
102102 state law, including antidiscrimination laws, or from taking action against such a
103103 person for violating federal or state law.
104104 2. Limit or restrict the academic freedom of faculty or prevent faculty members
105105 from teaching, researching, or writing publications about diversity, equity, inclusion,
106106 or related topics.
107107 3. Prohibit an institution from considering, in good faith, a faculty member's
108108 scholarship, teaching, or subject-matter expertise in the faculty member's academic
109109 field.
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136136 SECTION 1 ASSEMBLY BILL 1065
137137 (2) Each institution shall post and make publicly available on its website all
138138 training materials used for students, faculty, and staff on all matters of
139139 nondiscrimination, diversity, equity, inclusion, race, ethnicity, sex, or bias and all
140140 policies and guidance of the board and the institution on these matters.
141141 (3) (a) An applicant for admission, student, student organization, faculty
142142 member, or prospective faculty member may bring a civil action in circuit court
143143 against an institution for a violation of sub. (1), and against any employee of the
144144 institution whose actions caused or contributed to the violation. The civil action may
145145 seek declaratory relief, an injunction against further violation of sub. (1), an award
146146 of damages, or any combination of these remedies.
147147 (b) An injunction imposed under this subsection against an institution because
148148 of a violation of sub. (1) may include an order requiring the institution to do any of
149149 the following:
150150 1. Admit the applicant for enrollment as a student.
151151 2. Reenroll a student who was suspended or expelled.
152152 3. Hire a person for the position for which the person's employment application
153153 was rejected.
154154 4. Rehire in the same or equal position an employee who was removed or
155155 terminated from his or her job.
156156 5. Promote an employee who was denied a promotion.
157157 6. Grant tenure to an employee who was denied tenure.
158158 7. Provide funding to a student organization.
159159 (c) Notwithstanding s. 814.04 (1), in an action under par. (a), the court may
160160 award the prevailing party reasonable attorney fees, in addition to court costs.
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187187 SECTION 1
188188 ASSEMBLY BILL 1065
189189 (d) A person is not required to exhaust any other administrative or legal
190190 remedy before bringing an action under par. (a).
191191 (e) The attorney general may file an action to enjoin a violation of sub. (1),
192192 including to invalidate any policy or practice inconsistent with sub. (1).
193193 (4) (a) An institution shall impose discipline as provided in par. (b) or (c) on an
194194 employee whose actions are found to have caused or contributed to the institution's
195195 violation of sub. (1), regardless of whether the employee is tenured, employed at will,
196196 or employed on a contract basis.
197197 (b) An employee who has not previously been disciplined under par. (a) shall
198198 be placed on unpaid leave for the academic year that commences immediately after
199199 the violation of sub. (1). During this period of unpaid leave, the employee may not
200200 be assigned to any institution, and no technical college district board may hire the
201201 employee.
202202 (c) An employee who has been disciplined under par. (a) within the immediately
203203 preceding 5-year period shall be terminated from employment by the system, and
204204 the employee may not be rehired by the system, or hired by a technical college district
205205 board, within 5 years after the date of termination.
206206 (d) In any proceeding to impose discipline under this subsection, the board shall
207207 follow the same procedures established by the board under ss. 36.115 and 36.15 for
208208 other disciplinary matters of similar gravity, including notice and an opportunity for
209209 hearing, but any provision contrary to this subsection, including any provision
210210 relating to progressive discipline, shall not apply. An employee's actions that result
211211 in a violation of sub. (1) constitute just cause for the disciplinary actions against the
212212 employee under pars. (b) and (c).
213213 SECTION 2. 38.235 of the statutes is created to read:
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240240 SECTION 2 ASSEMBLY BILL 1065
241241 38.235 Loyalty pledges. (1) (a) Subject to par. (c), neither a district board
242242 nor an institutional review board associated with a district board may do any of the
243243 following:
244244 1. Condition admission of or financial aid to an applicant on the applicant's
245245 pledging allegiance to or making a statement of personal support for or opposition
246246 to any political ideology or movement, including a pledge or statement regarding
247247 diversity, equity, inclusion, or related topics.
248248 2. Condition the recognition or funding of any student organization on the
249249 organization or a student pledging allegiance to or making a statement of personal
250250 support for or opposition to any political ideology or movement, including a pledge
251251 or statement regarding diversity, equity, inclusion, or related topics.
252252 3. Condition the hiring, reappointment, annual review, performance review, or
253253 promotion of a faculty member or prospective faculty member, or the research
254254 approval for a researcher, on the person's pledging allegiance to or making a
255255 statement of personal support for or opposition to any political ideology or movement,
256256 including a pledge or statement regarding diversity, equity, inclusion, or related
257257 topics.
258258 4. Request or require a pledge or statement described in subds. 1. to 3. from an
259259 applicant for admission, a student or student organization, or a faculty member or
260260 prospective faculty member.
261261 (b) Subject to par. (c), if a district board receives a pledge or statement from an
262262 applicant for admission, a student or student organization, or a faculty member or
263263 prospective faculty member describing a commitment to any political ideology or
264264 movement, including a pledge or statement regarding diversity, equity, inclusion, or
265265 related topics, the district board may not grant admission of or financial aid to the
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293293 SECTION 2
294294 ASSEMBLY BILL 1065
295295 applicant, recognize or provide funding to or withhold recognition or funding from
296296 the student organization, or hire, reappoint, or promote the faculty member or
297297 prospective faculty member, on the basis of the viewpoints expressed in the pledge
298298 or statement.
299299 (c) This subsection shall not be construed to do any of the following:
300300 1. Prohibit a district board from requiring any person to comply with federal
301301 or state law, including antidiscrimination laws, or from taking action against such
302302 a person for violating federal or state law.
303303 2. Limit or restrict the academic freedom of faculty or prevent faculty members
304304 from teaching, researching, or writing publications about diversity, equity, inclusion,
305305 or related topics.
306306 3. Prohibit a district board from considering, in good faith, a faculty member's
307307 scholarship, teaching, or subject-matter expertise in the faculty member's academic
308308 field.
309309 (2) Each district board shall post and make publicly available on its website
310310 all training materials used for students, faculty, and staff on all matters of
311311 nondiscrimination, diversity, equity, inclusion, race, ethnicity, sex, or bias and all of
312312 the district board's policies and guidance on these matters.
313313 (3) (a) An applicant for admission, student, student organization, faculty
314314 member, or prospective faculty member may bring a civil action in circuit court
315315 against a district board for a violation of sub. (1), and against any employee of the
316316 district board whose actions caused or contributed to the violation. The civil action
317317 may seek declaratory relief, an injunction against further violation of sub. (1), an
318318 award of damages, or any combination of these remedies.
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344344 SECTION 2 ASSEMBLY BILL 1065
345345 (b) An injunction imposed under this subsection against a district board
346346 because of a violation of sub. (1) may include an order requiring the institution to do
347347 any of the following:
348348 1. Admit the applicant for enrollment as a student.
349349 2. Reenroll a student who was suspended or expelled.
350350 3. Hire a person for the position for which the person's employment application
351351 was rejected.
352352 4. Rehire in the same or equal position an employee who was removed or
353353 terminated from his or her job.
354354 5. Promote an employee who was denied a promotion.
355355 6. Grant tenure to an employee who was denied tenure.
356356 7. Provide funding to a student organization.
357357 (c) Notwithstanding s. 814.04 (1), in an action under par. (a), the court may
358358 award the prevailing party reasonable attorney fees, in addition to court costs.
359359 (d) A person is not required to exhaust any other administrative or legal
360360 remedy before bringing an action under par. (a).
361361 (e) The attorney general may file an action to enjoin a violation of sub. (1),
362362 including to invalidate any policy or practice inconsistent with sub. (1).
363363 (f) Section 893.80 does not apply to an action brought against a district board
364364 under par. (a).
365365 (4) (a) A district board shall impose discipline as provided in par. (b) or (c) on
366366 an employee whose actions are found to have caused or contributed to the district
367367 board's violation of sub. (1), regardless of whether the employee is tenured, employed
368368 at will, or employed on a contract basis.
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395395 SECTION 2
396396 ASSEMBLY BILL 1065
397397 (b) An employee who has not previously been disciplined under par. (a) shall
398398 be placed on unpaid leave for the academic year that commences immediately after
399399 the violation of sub. (1). During this period of unpaid leave, neither the University
400400 of Wisconsin System nor any district board may hire the employee.
401401 (c) An employee who has been disciplined under par. (a) within the immediately
402402 preceding 5-year period shall be terminated from employment, and the employee
403403 may not be rehired by the district board, or hired by any other district board or the
404404 University of Wisconsin System, within 5 years after the date of termination.
405405 (d) In any proceeding to impose discipline under this subsection, a district
406406 board shall follow the same procedures established by the district board for other
407407 disciplinary matters of similar gravity, including notice and an opportunity for
408408 hearing, but any provision contrary to this subsection, including any provision
409409 relating to progressive discipline, shall not apply. An employee's actions that result
410410 in a violation of sub. (1) constitute just cause for the disciplinary actions against the
411411 employee under pars. (b) and (c).
412412 SECTION 3. 801.50 (5d) of the statutes is created to read:
413413 801.50 (5d) Venue of an action under s. 36.13 (3) (a) or 38.235 (3) (a) shall be
414414 in the county designated by the plaintiff.
415415 SECTION 4.0Initial applicability.
416416 (1) This act first applies in the first semester or session beginning after the
417417 effective date of this subsection.
418418 (END)
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