WI
Wisconsin Senate Bill SB988

Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB988 Compare Versions

Only one version of the bill is available at this time.
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33 2023 - 2024 LEGISLATURE
44 2023 SENATE BILL 988
55 February 1, 2024 - Introduced by Senator NASS, cosponsored by Representatives
66 MOSES, MURPHY, NEDWESKI, CALLAHAN, O'CONNOR, BRANDTJEN, DITTRICH,
77 GREEN and MAXEY. Referred to Committee on Universities and Revenue.
88 AN ACT to create 36.13, 38.235 and 801.50 (5d) of the statutes; relating to:
99 prohibiting University of Wisconsin System institutions and technical colleges
1010 from using loyalty pledges and requiring them to make certain information
1111 publicly available.
1212 Analysis by the Legislative Reference Bureau
1313 This bill prohibits University of Wisconsin System institutions and technical
1414 colleges from conditioning student admission, conditioning the recognition or
1515 funding of student organizations, or conditioning faculty hiring, reappointment,
1616 annual review, performance review, or promotion on a person's or student
1717 organization's pledging allegiance to or making a statement of personal support for
1818 or opposition to any political ideology or movement, including a pledge or statement
1919 regarding diversity, equity, inclusion, or related topics (loyalty pledge). This
2020 prohibition also applies to an institutional review board associated with the UW
2121 System institution or technical college, which may not condition research approval
2222 for a researcher on a loyalty pledge. The bill also prohibits each UW System
2323 institution and technical college from requesting or requiring such a loyalty pledge
2424 or, if the institution or technical college receives such a loyalty pledge, from taking
2525 action on the basis of the viewpoints expressed in it. The bill provides a private right
2626 of action allowing an applicant for admission, student, student organization, faculty
2727 member, or prospective faculty member to bring a civil action for a violation against
2828 the UW System institution or technical college or its employees whose actions caused
2929 or contributed to the violation. The plaintiff may seek injunctive relief and damages
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3535 SENATE BILL 988
3636 in court and, if successful, is entitled to reasonable attorney fees. The bill specifies
3737 certain examples of injunctive relief available to plaintiffs, including admission as
3838 a student, rehiring, or promotion to tenure. An employee of a UW System institution
3939 or technical college whose actions caused a violation must be placed on unpaid leave
4040 for the following academic year, except the employee must be terminated if the
4141 employee caused a prior violation within the preceding five years. The bill also
4242 allows the attorney general to file an injunction action against a violating UW
4343 System institution or technical college.
4444 The bill requires each UW System institution and technical college to post and
4545 make publicly available on its website all training materials used for students,
4646 faculty, and staff, and all policies and guidance, on all matters of nondiscrimination,
4747 diversity, equity, inclusion, race, ethnicity, sex, or bias.
4848 The people of the state of Wisconsin, represented in senate and assembly, do
4949 enact as follows:
5050 SECTION 1. 36.13 of the statutes is created to read:
5151 36.13 Loyalty pledges. (1) (a) Subject to par. (c), neither an institution nor
5252 an institutional review board associated with an institution may do any of the
5353 following:
5454 1. Condition admission of or financial aid to an applicant on the applicant's
5555 pledging allegiance to or making a statement of personal support for or opposition
5656 to any political ideology or movement, including a pledge or statement regarding
5757 diversity, equity, inclusion, or related topics.
5858 2. Condition the recognition or funding of any student organization on the
5959 organization or a student pledging allegiance to or making a statement of personal
6060 support for or opposition to any political ideology or movement, including a pledge
6161 or statement regarding diversity, equity, inclusion, or related topics.
6262 3. Condition the hiring, reappointment, annual review, performance review, or
6363 promotion of a faculty member or prospective faculty member, or the research
6464 approval for a researcher, on the person's pledging allegiance to or making a
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8282 SECTION 1
8383 SENATE BILL 988
8484 statement of personal support for or opposition to any political ideology or movement,
8585 including a pledge or statement regarding diversity, equity, inclusion, or related
8686 topics.
8787 4. Request or require a pledge or statement described in subds. 1. to 3. from an
8888 applicant for admission, a student or student organization, or a faculty member or
8989 prospective faculty member.
9090 (b) Subject to par. (c), if an institution receives a pledge or statement from an
9191 applicant for admission, a student or student organization, or a faculty member or
9292 prospective faculty member describing a commitment to any political ideology or
9393 movement, including a pledge or statement regarding diversity, equity, inclusion, or
9494 related topics, the institution may not grant admission of or financial aid to the
9595 applicant, recognize or provide funding to or withhold recognition or funding from
9696 the student organization, or hire, reappoint, or promote the faculty member or
9797 prospective faculty member, on the basis of the viewpoints expressed in the pledge
9898 or statement.
9999 (c) This subsection shall not be construed to do any of the following:
100100 1. Prohibit an institution from requiring any person to comply with federal or
101101 state law, including antidiscrimination laws, or from taking action against such a
102102 person for violating federal or state law.
103103 2. Limit or restrict the academic freedom of faculty or prevent faculty members
104104 from teaching, researching, or writing publications about diversity, equity, inclusion,
105105 or related topics.
106106 3. Prohibit an institution from considering, in good faith, a faculty member's
107107 scholarship, teaching, or subject-matter expertise in the faculty member's academic
108108 field.
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135135 SECTION 1 SENATE BILL 988
136136 (2) Each institution shall post and make publicly available on its website all
137137 training materials used for students, faculty, and staff on all matters of
138138 nondiscrimination, diversity, equity, inclusion, race, ethnicity, sex, or bias and all
139139 policies and guidance of the board and the institution on these matters.
140140 (3) (a) An applicant for admission, student, student organization, faculty
141141 member, or prospective faculty member may bring a civil action in circuit court
142142 against an institution for a violation of sub. (1), and against any employee of the
143143 institution whose actions caused or contributed to the violation. The civil action may
144144 seek declaratory relief, an injunction against further violation of sub. (1), an award
145145 of damages, or any combination of these remedies.
146146 (b) An injunction imposed under this subsection against an institution because
147147 of a violation of sub. (1) may include an order requiring the institution to do any of
148148 the following:
149149 1. Admit the applicant for enrollment as a student.
150150 2. Reenroll a student who was suspended or expelled.
151151 3. Hire a person for the position for which the person's employment application
152152 was rejected.
153153 4. Rehire in the same or equal position an employee who was removed or
154154 terminated from his or her job.
155155 5. Promote an employee who was denied a promotion.
156156 6. Grant tenure to an employee who was denied tenure.
157157 7. Provide funding to a student organization.
158158 (c) Notwithstanding s. 814.04 (1), in an action under par. (a), the court may
159159 award the prevailing party reasonable attorney fees, in addition to court costs.
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186186 SECTION 1
187187 SENATE BILL 988
188188 (d) A person is not required to exhaust any other administrative or legal
189189 remedy before bringing an action under par. (a).
190190 (e) The attorney general may file an action to enjoin a violation of sub. (1),
191191 including to invalidate any policy or practice inconsistent with sub. (1).
192192 (4) (a) An institution shall impose discipline as provided in par. (b) or (c) on an
193193 employee whose actions are found to have caused or contributed to the institution's
194194 violation of sub. (1), regardless of whether the employee is tenured, employed at will,
195195 or employed on a contract basis.
196196 (b) An employee who has not previously been disciplined under par. (a) shall
197197 be placed on unpaid leave for the academic year that commences immediately after
198198 the violation of sub. (1). During this period of unpaid leave, the employee may not
199199 be assigned to any institution, and no technical college district board may hire the
200200 employee.
201201 (c) An employee who has been disciplined under par. (a) within the immediately
202202 preceding 5-year period shall be terminated from employment by the system, and
203203 the employee may not be rehired by the system, or hired by a technical college district
204204 board, within 5 years after the date of termination.
205205 (d) In any proceeding to impose discipline under this subsection, the board shall
206206 follow the same procedures established by the board under ss. 36.115 and 36.15 for
207207 other disciplinary matters of similar gravity, including notice and an opportunity for
208208 hearing, but any provision contrary to this subsection, including any provision
209209 relating to progressive discipline, shall not apply. An employee's actions that result
210210 in a violation of sub. (1) constitute just cause for the disciplinary actions against the
211211 employee under pars. (b) and (c).
212212 SECTION 2. 38.235 of the statutes is created to read:
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239239 SECTION 2 SENATE BILL 988
240240 38.235 Loyalty pledges. (1) (a) Subject to par. (c), neither a district board
241241 nor an institutional review board associated with a district board may do any of the
242242 following:
243243 1. Condition admission of or financial aid to an applicant on the applicant's
244244 pledging allegiance to or making a statement of personal support for or opposition
245245 to any political ideology or movement, including a pledge or statement regarding
246246 diversity, equity, inclusion, or related topics.
247247 2. Condition the recognition or funding of any student organization on the
248248 organization or a student pledging allegiance to or making a statement of personal
249249 support for or opposition to any political ideology or movement, including a pledge
250250 or statement regarding diversity, equity, inclusion, or related topics.
251251 3. Condition the hiring, reappointment, annual review, performance review, or
252252 promotion of a faculty member or prospective faculty member, or the research
253253 approval for a researcher, on the person's pledging allegiance to or making a
254254 statement of personal support for or opposition to any political ideology or movement,
255255 including a pledge or statement regarding diversity, equity, inclusion, or related
256256 topics.
257257 4. Request or require a pledge or statement described in subds. 1. to 3. from an
258258 applicant for admission, a student or student organization, or a faculty member or
259259 prospective faculty member.
260260 (b) Subject to par. (c), if a district board receives a pledge or statement from an
261261 applicant for admission, a student or student organization, or a faculty member or
262262 prospective faculty member describing a commitment to any political ideology or
263263 movement, including a pledge or statement regarding diversity, equity, inclusion, or
264264 related topics, the district board may not grant admission of or financial aid to the
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292292 SECTION 2
293293 SENATE BILL 988
294294 applicant, recognize or provide funding to or withhold recognition or funding from
295295 the student organization, or hire, reappoint, or promote the faculty member or
296296 prospective faculty member, on the basis of the viewpoints expressed in the pledge
297297 or statement.
298298 (c) This subsection shall not be construed to do any of the following:
299299 1. Prohibit a district board from requiring any person to comply with federal
300300 or state law, including antidiscrimination laws, or from taking action against such
301301 a person for violating federal or state law.
302302 2. Limit or restrict the academic freedom of faculty or prevent faculty members
303303 from teaching, researching, or writing publications about diversity, equity, inclusion,
304304 or related topics.
305305 3. Prohibit a district board from considering, in good faith, a faculty member's
306306 scholarship, teaching, or subject-matter expertise in the faculty member's academic
307307 field.
308308 (2) Each district board shall post and make publicly available on its website
309309 all training materials used for students, faculty, and staff on all matters of
310310 nondiscrimination, diversity, equity, inclusion, race, ethnicity, sex, or bias and all of
311311 the district board's policies and guidance on these matters.
312312 (3) (a) An applicant for admission, student, student organization, faculty
313313 member, or prospective faculty member may bring a civil action in circuit court
314314 against a district board for a violation of sub. (1), and against any employee of the
315315 district board whose actions caused or contributed to the violation. The civil action
316316 may seek declaratory relief, an injunction against further violation of sub. (1), an
317317 award of damages, or any combination of these remedies.
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343343 SECTION 2 SENATE BILL 988
344344 (b) An injunction imposed under this subsection against a district board
345345 because of a violation of sub. (1) may include an order requiring the institution to do
346346 any of the following:
347347 1. Admit the applicant for enrollment as a student.
348348 2. Reenroll a student who was suspended or expelled.
349349 3. Hire a person for the position for which the person's employment application
350350 was rejected.
351351 4. Rehire in the same or equal position an employee who was removed or
352352 terminated from his or her job.
353353 5. Promote an employee who was denied a promotion.
354354 6. Grant tenure to an employee who was denied tenure.
355355 7. Provide funding to a student organization.
356356 (c) Notwithstanding s. 814.04 (1), in an action under par. (a), the court may
357357 award the prevailing party reasonable attorney fees, in addition to court costs.
358358 (d) A person is not required to exhaust any other administrative or legal
359359 remedy before bringing an action under par. (a).
360360 (e) The attorney general may file an action to enjoin a violation of sub. (1),
361361 including to invalidate any policy or practice inconsistent with sub. (1).
362362 (f) Section 893.80 does not apply to an action brought against a district board
363363 under par. (a).
364364 (4) (a) A district board shall impose discipline as provided in par. (b) or (c) on
365365 an employee whose actions are found to have caused or contributed to the district
366366 board's violation of sub. (1), regardless of whether the employee is tenured, employed
367367 at will, or employed on a contract basis.
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394394 SECTION 2
395395 SENATE BILL 988
396396 (b) An employee who has not previously been disciplined under par. (a) shall
397397 be placed on unpaid leave for the academic year that commences immediately after
398398 the violation of sub. (1). During this period of unpaid leave, neither the University
399399 of Wisconsin System nor any district board may hire the employee.
400400 (c) An employee who has been disciplined under par. (a) within the immediately
401401 preceding 5-year period shall be terminated from employment, and the employee
402402 may not be rehired by the district board, or hired by any other district board or the
403403 University of Wisconsin System, within 5 years after the date of termination.
404404 (d) In any proceeding to impose discipline under this subsection, a district
405405 board shall follow the same procedures established by the district board for other
406406 disciplinary matters of similar gravity, including notice and an opportunity for
407407 hearing, but any provision contrary to this subsection, including any provision
408408 relating to progressive discipline, shall not apply. An employee's actions that result
409409 in a violation of sub. (1) constitute just cause for the disciplinary actions against the
410410 employee under pars. (b) and (c).
411411 SECTION 3. 801.50 (5d) of the statutes is created to read:
412412 801.50 (5d) Venue of an action under s. 36.13 (3) (a) or 38.235 (3) (a) shall be
413413 in the county designated by the plaintiff.
414414 SECTION 4.0Initial applicability.
415415 (1) This act first applies in the first semester or session beginning after the
416416 effective date of this subsection.
417417 (END)
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