HB 738 — COLLEGES/UNIVERSITIES: Provides relative to student disciplinary proceedings (EN SEE FISC NOTE GF EX)

HLSENROLLED 26RS-1320 REENGROSSED Regular Session HOUSE BILL NO.

738 BY REPRESENTATIVES MCMAKIN, BAYHAM, BOYD, CHASSION, DESHOTEL, DEWITT, FREIBERG, MIKE JOHNSON, LARVADAIN, LYONS, MARTINEZ, PHELPS, SAWYER, STAGNI, AND WALTERS COLLEGES/UNIVERSITIES:AN ACT To amend and reenact R.S.

Provides relative to student disciplinary proceedings AN ACT To amend and reenact R.S.

Any student enrolled at an institution under the jurisdiction of the management board and accused of a violation of the disciplinary or conduct rules that carries a potential penalty of suspension of ten or more days, deferred suspension, or expulsion has the right to be represented, at the student's expense, by an attorney or a non-attorney advocate who may fully participate during any disciplinary proceeding or during any other procedure adopted and used by that institution to address an alleged violation of the institution's nonacademic rules or Pagepolicies. 1 of 6 CODING:

Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.

HLS 26RS-1320 REENGROSSED HB NO.

738 policies.

Prior to scheduling a disciplinaryPage proceeding,1 the institution shall inform the students in writing of their4 rightsCODING: as provided by this Section.

Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.

HB NO.

738 ENROLLED disciplinary proceeding, the institution shall inform the students in writing of their rights as provided by this Section.

(1)(a) Afford the accused student or organization the express presumption of innocence and set forth that the student or the organization may not be deemed guilty of the violation until the student or the organization formally acknowledges responsibility or the conclusion of a hearing where the institution has proven every element of the violation necessary to constitute guilt responsibility by clear and Pageconvincingevidence. 2 of 6 CODING:

Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.

HLS 26RS-1320 REENGROSSED HB NO.

738 convincingevidence.

(b)(i)NotwithstandingSubparagraph(a)ofthisParagraph,inanydisciplinaryPage proceeding2 arisingof from4 physicalCODING: conduct that resulted in serious bodily injury as defined in R.S.

Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.

HB NO.

738 ENROLLED (b)(i)NotwithstandingSubparagraph(a)ofthisParagraph,inanydisciplinary proceeding arising from physical conduct that resulted in serious bodily injury as defined in R.S.

Such an appealshallappeal shall be filedwithin tentenfourteenbusiness fourteenbusiness days afterreceivingfinalnoticeoftheinstitution's decision.

Page(i) 3The ofdeadline 6for CODING:filing an appeal has expired without an appeal being filed.

Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.

HLS 26RS-1320 REENGROSSED HB NO.

738 (i) The deadline for filing an appeal has expired without an appeal being filed.

(b)Page Nothing3 in this Paragraph shall prohibit an institution from taking reasonableinterimsafetymeasures,includingbutnotlimitedtohousingadjustments, academicchanges,ormutualno-contactdirectives,aslongassuchmeasuresarenot punitive sanctions within the meaning of this4 Section.CODING:

Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.

HB NO.

738 ENROLLED (b) Nothing in this Paragraph shall prohibit an institution from taking reasonableinterimsafetymeasures,includingbutnotlimitedtohousingadjustments, academicchanges,ormutual no-contactdirectives,aslongassuchmeasuresarenot punitive sanctions within the meaning of this Section.

* * * DIGESTSPEAKER ThedigestprintedbelowwaspreparedbyHouseLegislativeOF Services.THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED:

ItPage constitutes4 nopart of the4 legislativeCODING: instrument.

The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent.

[R.S.

1:13(B) and 24:177(E)] HB 738 Reengrossed 2026 Regular Session McMakin Abstract:

Provides relative to procedures associated with disciplinary proceedings for students and organizations at public postsecondary education institutions.

Present law provides that a student enrolled at a public postsecondaryeducation institution accusedof a violation of disciplinaryor conductrulesthatcarriescertainpotentialpenalties has the right to representation.

Proposed law retains present law.

Present law provides that such penalties are suspension of 10 or more days, deferred suspension, or expulsion.

Proposed law refers to "suspension" instead of "deferredsuspension" and otherwise retains present law.

Presentlawprovidesthatastudentorstudentorganizationsubjecttoachargeordisciplinary proceedingbytheinstitution isentitled,uponreceivingnoticeofthecharge,tonoticeofany andallviolationsoftherulesorpoliciesandthedisciplinaryproceedingsorchargesthatwill occurasaresult.

Proposedlawremovespresentlawrelativetosuchentitlementandinstead requires an institution to provide a student or student organization subject to a charge or disciplinary proceeding with a written notice of the charge not later than 14 days after receiving credible information, including but not limited to a police report or other documentation, sufficient to initiate formal disciplinary proceedings.