UW regents approve changes to require student punishments for disrupting free speech

Through a voice vote via teleconference, the Board of Regents voted Thursday in favor of modifications to administrative code that enforce mandatory punishments for University of Wisconsin students found to have disrupted others’ free speech.

Amendments to Chapter UWS 17, approved in October, clarified the policy, which would require students who have “materially and substantially disrupted the free speech of others” to be suspended after two violations and expulsion after three. Schools must conduct formal investigations and disciplinary hearings.

Héctor Colón chose to abstain as a new regent, appointed by Gov. Tony Evers in March. Still, Colón echoed concerns on both sides of the controversial, largely partisan rule.

“How do we define ‘destructive,’ ‘violent’ and ‘disorderly,’ and ensure that there’s consistent and fair application as we move forward with this process?” Colón asked, in addition to other gray areas: Will this take away from individual campus autonomy? Is it a necessary form of law enforcement?

At the same time, Colón said, if a person violates rules “not only once, not only twice, but three times, then it seems reasonable and fair that some type of accountability should be in place.”

A UW System spokesperson did not respond to a request for the number of No votes as of Friday.

On Feb. 12, lawmakers passed a similar Assembly bill — which would expand the Regents policy to include Wisconsin’s public colleges — almost exclusively across party lines, although Evers has said he will veto the legislation.

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Students, faculty, lawmakers and civil liberties organizations have vocally opposed the disciplinary sanctions for years. At a public hearing March 5, five UW-Madison students and a professor called the policy vague and “draconian.” The Board also received 14 written comments, 12 of which opposed the rule, according to meeting materials.

One commenter said the rule would have the opposite effect and chill free speech, intimidating “students from protest policies that could be detrimental to campus life,” according to meeting materials. Another said that it removes individual schools’ freedoms, “eliminating any autonomy that each campus currently has to adjust for the different learning and social environments present.”

But supporters of disciplinary sanctions have said they will prevent student protesters from shutting down speakers or opinions they disagree with. Rep. Cody Horlacher, R-Mukwonago, who helped draft the state legislation, said on the Assembly floor that it lays an essential groundwork to protect Constitutional free speech, invoking the regents’ rule.

“The UW regents agree with this reasoning and thinking that these are the types of policies we need to have on our college campuses to have the civil debate and dialogue and exchange of ideas,” Horlacher said.

Regent Mike Jones, who voted in favor of the rule, said Thursday that he thinks it does a “pretty good job of balancing competing interests.” But Regent Karen Walsh, who voted against, said that public hearings and feedback have only convinced her to stick to her opinion.

“I have all the faith in the world in the chancellors and their staff across the system to solve these problems at the campus level,” Walsh said. “I think it’s an unnecessary rule.”