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HLS 26RS-1320 REENGROSSED Regular Session HOUSE BILL NO.
ENROLLED 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:
738 BY REPRESENTATIVES MCMAKIN, BAYHAM, BOYD, CHASSION, DESHOTEL, DEWITT, FREIBERG, MIKE JOHNSON, LARVADAIN, LYONS, MARTINEZ, PHELPS, SAWYER, STAGNI, AND WALTERS 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 Page 1 of 6 CODING:
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 policies.
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HLS 26RS-1320 REENGROSSED HB NO.
738 policies.
Prior to scheduling a disciplinary proceeding, the institution shall inform the students in writing of their rights as provided by this Section.
Prior to scheduling a Page 1 of 4 CODING:
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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 Page 2 of 6 CODING:
(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 convincingevidence.
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HLS 26RS-1320 REENGROSSED HB NO.
738 convincingevidence.
(b)(i)NotwithstandingSubparagraph(a)ofthisParagraph,inanydisciplinary proceeding arising from physical conduct that resulted in serious bodily injury as defined in R.S.
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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 appealshall be filedwithin ten fourteenbusiness days afterreceivingfinalnoticeoftheinstitution's decision.
Such an appeal shall be filedwithin tenfourteenbusiness days afterreceivingfinalnoticeoftheinstitution's decision.
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(i) The deadline for filing an appeal has expired without an appeal being filed.
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HLS 26RS-1320 REENGROSSED HB NO.
738 (i) The deadline for filing an appeal has expired without an appeal being filed.
(b) Nothing in this Paragraph shall prohibit an institution from taking reasonableinterimsafetymeasures,includingbutnotlimitedtohousingadjustments, academicchanges,ormutualno-contactdirectives,aslongassuchmeasuresarenot punitive sanctions within the meaning of this Section.
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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.
* * * DIGEST ThedigestprintedbelowwaspreparedbyHouseLegislative Services.
* * * SPEAKER OF THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED:
It constitutes nopart of the legislative instrument.
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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.
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Requires that such notice include information on all violations and the resulting disciplinary proceedings or charges.
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HLS 26RS-1320 REENGROSSED HB NO.
738 Presentlawprovidesthatwhenaviolation ispunishablebyasuspension of10ormoredays or expulsion or when a violation by a student organization is punishable by suspension or removal from the institution, the disciplinaryproceduresshall affordthe accusedstudent or organization the express presumption of innocence and set forth that the student or organization may not be deemed guilty until he or it formally acknowledges responsibility ortheconclusionofahearingwheretheinstitutionhasproveneveryelementoftheviolation necessary to constitute guilt by clear and convincing evidence.
Provides that the standard of establishing guilt through clear and convincing evidence shall not alter the burden of proof in hearing held pursuant to federal law (Title IX) or present law.
Proposed law provides for responsibility instead of guilt and otherwise retains present law.
Proposed law further provides:
(1) Notwithstanding present law and proposed law, in any disciplinary proceeding arising from physical conduct that resulted in serious bodily injury as defined in presentlawordeath,theinstitution shallestablishresponsibilitybyapreponderance of the evidence.
(2) Thepreponderancestandardshallapplyonlywhentheinstitutionpossessesobjective and verifiable evidence that serious bodily injury or death occurred and that the alleged conduct is directly connected thereto.
(3) Such evidence may include but is not limited to law enforcement reports, medical records,coronerreports,orothercomparabledocumentationandtheinstitutionshall issue written findings identifying the objective evidence relied upon.
Present law requiresappeals to be filed within 10 business days.
Proposed law extends this time frame from 10 to 14 days.
Proposed law further provides:
(1) Sanctions imposed under present law and proposed law shall not take effect, be enforced, or be considered final until the later of:
(a) The deadline for filing an appeal has expired without an appeal being filed.
(b) All institutional appeals have been completed, and any appellate decisions have been issued.
(2) Nothingin proposedlawshall prohibit aninstitution fromtakingreasonableinterim safety measures, including but not limited to housing adjustments, academic changes, or mutual no-contact directives, as long as such measures are not punitive sanctions within the meaning of present law and proposed law.
(3) The decisionmaker shall issue a written determination that includes:
(a) A statement of the factual basis for the violations.
(b) A summary of the evidence considered in making the determination.
(c) A description of any sanctions imposed.
(d) A statement of the procedures and timelines for appeal.
(Amends R.S.
17:3394(B), (D), (E)(1), and (F)(1);
Adds R.S.
17:3394(F)(4) and (5)) Page 5 of 6 CODING:
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HLS 26RS-1320 REENGROSSED HB NO.
738 Summary of Amendments Adopted by House The House Floor Amendments to the engrossed bill:
1.
Make technical changes.
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