Struck = removed from the bill ·
added = the amendment's new text.
HB 510-FN - AS INTRODUCEDAMENDED SESSIONBY 25-0592THE 09/02SENATE HOUSE7Jan2026... BILL 510-FN AN ACT relative to establishing certain due process rights for students, student organizations, and faculty members facing disciplinary actions by state institutions of higher learning.
3092h 03/05/2026 0716s SESSION 25-0592 09/02 HOUSE BILL 510-FN AN ACT establishing a commission to study due process in higher education disciplinary proceedings.
Education Funding ───────────────────────────────────────────────────────────────── AMENDED ANALYSIS This bill establishes fora students,commission student organizations, and faculty members of publicly funded New Hampshire colleges and universities the right to certainstudy due process protectionsin whenhigher education disciplinary proceedingsproceedings. are brought against them by such institutions, and addresses the provisions' applicability to collective bargaining agreements.
HB 510-FN - AS INTRODUCEDAMENDED 25-0592BY 09/02THE STATESENATE OF7Jan2026... NEW HAMPSHIRE In the Year of Our Lord Two Thousand Twenty Five AN ACT relative to establishing certain due process rights for students, student organizations, and faculty members facing disciplinary actions by state institutions of higher learning.
3092h 03/05/2026 0716s 25-0592 09/02 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Twenty Five AN ACT establishing a commission to study due process in higher education disciplinary proceedings.
1 New Chapter;Subdivision;
Due Process ProtectionsIn forHigher Students, Student Organizations, and Faculty Members of New Hampshire Public Post-Secondary Education Institutions.Commission.
Amend RSA 187-A by inserting after chaptersection 188-J29 the following new chapter:subdivision:
CHAPTERDue 188-KProcess DUEIn PROCESSHigher PROTECTIONSEducation FORCommission STUDENTS,187-A:29-a STUDENTDue ORGANIZATIONS,Process ANDIn FACULTYHigher MEMBERSEducation OFCommission. NEW HAMPSHIRE PUBLIC POST-SECONDARY EDUCATION INSTITUTIONS 188-K:1 Declaration of Purpose.
The purpose of this chapter is to establish for students, student organizations, and faculty members of publicly funded New Hampshire colleges and universities the right to certain due process protections when disciplinary proceedings are brought against them by such institutions.
188-K:2 Definitions.
As used in this chapter:
“DisciplinaryThere proceeding”is meansestablished ana actioncommission orto proceedingstudy instituteddue againstprocess aprotections student,afforded studentto organization, or faculty membermembers, ofstudents, aand New Hampshire public institution of higher education that could result in the student ororganizations faculty member being suspended, expelled, or terminated, or result in adisciplinary studentproceedings organizationat beingpublic deprived,institutions either temporarily or permanently, of anyhigher ofeducation thewithin rights or privileges accorded to other student organizations duly recognized or approved by the institution.state.
“FacultyThe member”members means a full or part-time member of the facultycommission ofshall abe Newas Hampshirefollows: public institution of higher education, but does not include a faculty member who is in probationary status.
(a) Two members of the house of representatives, appointed by the speaker of the house of representatives.
(b) Three members of the senate, appointed by the president of the senate.
(c) The chancellor of the community college system of New Hampshire, or designee.
(d) The chancellor of the university system of New Hampshire, or designee.
“PublicLegislative institutionmembers of higherthe education”commission meansshall areceive post-secondarymileage institutionat of higher education publicly funded by the statelegislative ofrate Newwhen Hampshire,attending includingto all component colleges and universities of the universityduties system of New Hampshire and all component colleges of the Newcommission. Hampshire community college system.
“Student”The meanscommission ashall: person who is enrolled either full or part-time in a course of study at a public institution of higher education.
V.(a) Review the following:
“Student(1) organization”Disciplinary meansmatters aninvolving organizationalleged ormisconduct groupthat ofmay studentsresult whoin sharesuspension, similarexpulsion, intereststermination orof activitiesemployment, and which is recognized or approvedcomparable by,major orsanctions. has sought recognition or approval from, a public institution of higher education.
HB(2) 510-FNPolicies -and ASprocedures INTRODUCEDinvolving -faculty Pageconduct, 2student -conduct, 188-K:3and Dueconduct Processrelated Rightsto Established.recognized student organizations, not including matters involving routine academic evaluation, grading disputes, minor code-of-conduct violations, or informal disciplinary actions.
(b) Examine the following;
(1) Whether existing institutional disciplinary procedures provide timely and adequate notice of allegations and a meaningful opportunity for the accused faculty member or student to respond before the imposition of serious sanctions.
(2) The extent to which disciplinary processes ensure impartial decision-makers, clearly defined procedures, and safeguards against conflicts of interest.
HB 510-FN - AS AMENDED BY THE SENATE - Page 2 - (3) Whether institutional disciplinary policies and practices are consistent with applicable state and federal due process requirements. V.
The members of the study commission shall elect a chairperson from among the members.
The first meeting of the commission shall be called by the first-named house member.
The first meeting of the commission shall be held within 45 days of the effective date of this section.
Four members of the commission shall constitute a quorum.
VI.
The commission shall report its findings and any recommendations for proposed legislation to the public higher education study committee for the state of New Hampshire, the house clerk, and the senate clerk on or before November 1, 2026.
2 Repeal.
RSA 187-A:29-a, relative to the commission on due process in higher education, is repealed.
3 Effective Date.
InSection all2 disciplinaryof proceedingsthis againstact a student, student organization, or faculty member, the student, student organization, or faculty member shall betake entitledeffect toNovember a1, hearing2026. under published procedures that include, at a minimum, all of the following:
(a) The right to receive written notice at least 7 days prior to the hearing of the allegations upon which the proceeding is based, and the specific provisions of law, rule, regulation, or code of conduct that allegedly were violated.
(b) The right to receive at least 5 days before the hearing a listing of all known witnesses who have provided or will provide evidence or information against the student, student organization, or faculty member, as well as copies of all written documents, statements of witnesses, photographs, electronic data, tangible evidence, and all other relevant inculpatory or exculpatory information.
(c) The right to the presumption that no violation occurred.
This presumption may be overcome only if the public institution of higher education establishes by a preponderance of the evidence that the violation alleged was committed by the student, student organization, or faculty member charged.
(d) The right against self-incrimination, provided, however, that invocation of this right may afford a basis for the decision-maker to draw an adverse inference against the person who does so.
(e) The right to confront and cross-examine witnesses who provide evidence against the student, student organization, or faculty member.
(f) The right to present a defense and call witnesses in support of the defense.
(g) The right to an impartial hearing officer or panel.
(h) The right to have the assistance of an advisor, advocate, or legal representative, at the student's, student organization's, or faculty member’s own expense, who shall be allowed to be present at and directly participate in all aspects of the proceeding.
Such advisor, advocate, or legal representative shall not serve in any other role in connection with the proceeding, including as investigator, witness, decider of fact, hearings officer, panel member, decider of an appeal, or advisor to any of the foregoing.
(i) The right to have a verbatim record of the hearing made and preserved for use in the event there is an appeal.
(j) The right to appeal a final adverse decision to the vice president of student affairs or equivalent official or body specifically designated by the institution to hear such appeals.
The person or persons comprising the appeal tribunal shall not have directly participated in any other aspect of the proceeding in question.
The proceduralremainder rights,of includingthis theact hearing, specified in paragraph I shall be afforded to a student, student organization, or faculty member prior to the imposition of any discipline, provided however that, in cases where the public institution of higher education can show a substantial HB 510-FN - AS INTRODUCED - Page 3 - likelihood of an imminent threat of physical injury to any person or significant damage to property before a hearing can be held, the institution may immediately take sucheffect actions30 asdays are necessary to prevent or ameliorate the threat and shall thereupon hold the hearing as soon as reasonably practicable after itits haspassage. taken such actions.
III.LBA 25-0592 03/10/2026 HB 510-FN- FISCAL NOTE AS AMENDED BY THE SENATE (AMENDMENT #2026-0716s) AN ACT establishing a commission to study due process in higher education disciplinary proceedings.
A student, student organization, or faculty member may waive any or all of the rights specified in paragraph I, provided that such waiver is made knowingly, intelligently, and voluntarily.
188-K:4 Rules and Regulations of Public Institutions of Higher Education.
Any New Hampshire public institution of higher education may adopt rules, regulations, policies, or procedures that afford students, student organizations, or faculty members more due process protections than those provided in this chapter, but no such institution shall adopt or utilize any rules, regulations, policies, or procedures that afford students, student organizations, or faculty members facing a disciplinary proceeding less protections than those afforded them herein.
188-K:5 Applicability of Chapter to Existing Collective Bargaining Agreements.
If the rights afforded to faculty members under this chapter conflict with grievance or disciplinary procedures established under a valid collective bargaining agreement between a public institution of higher education and a union representing faculty members of such institution that is in effect when this chapter becomes effective, the grievance or disciplinary procedures provided for in the collective bargaining agreement rather than those provided by this chapter shall apply to any disciplinary proceedings brought against faculty members covered by the collective bargaining agreement while the agreement remains in effect.
After the expiration of said collective bargaining agreement, the provisions of this chapter shall apply to any new disciplinary proceedings commenced against faculty members represented by the union.
From and after the effective date of this chapter, no public institution of higher education and no union representing faculty members of such institution shall enter into any new collective bargaining agreement, nor extend the expiration date of an existing collective bargaining agreement, which contains grievance or disciplinary procedures less protective of faculty members’ due process rights than those established by this chapter.
2 Effective Date.
This act shall take effect July 1, 2026.
LBA 25-0592 1/7/25 HB 510-FN- FISCAL NOTE AS INTRODUCED AN ACT relative to establishing certain due process rights for students, student organizations, and faculty members facing disciplinary actions by state institutions of higher learning.
EstimatedThis Statebill Impactestablishes FYa 2025study FYcommittee 2026and FYwill 2027have FYno 2028impact Revenueon $0state, $0county, $0and $0local Revenuerevenue Fund(s) None CCSNH $100K to $500K Per Year Expenditures* $0 Indeterminable USNH $500K or Moreexpenditures. Per Year Funding Source(s) CCSNH and USNH Operating Costs Appropriations* $0 $0 $0 $0 Funding Source(s) None *Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill METHODOLOGY:
This bill, effective July 1, 2026 (FY 2027), establishes for students, student organizations, and faculty members of the Community College System of New Hampshire (CCSNH) and the University System of New Hampshire (USNH), the right to certain due process protections when disciplinary proceedings are brought against them by such institutions and addresses the provisions' applicability to collective bargaining agreements.
Community College System of New Hampshire (CCSNH) The Community College System of New Hampshire (CCSNH) states that while many due process protections are like those presently in place within CCSNH, certain elements of the bill, including the structure of the formal hearings it describes, differ in part from current practices.
The bill replaces the current grievance and arbitration process with the bill’s own requirements for the hearing process, which will impose additional costs on the institutions.
CCSNH adds that the bill invalidates provisions in faculty collective bargaining agreements (CBA) upon their expiration and replaces them with the bill’s provisCBA provisions for staff would remain in force and the colleges would be following two separate sets of practices for the different employee groups.
Also, CCSNH states that provisions of this bill conflict with Title IX of the Education Amendments of 1972, creating costs to obtain legal advice and/or defend the institution in instances where legal and regulatory requirements conflict.
The following are areas to which CCSNH expects an increase to its operational costs:
Legal review of the provisions of this bill alongside requirements contained in other laws and regulations such as NH RSA 188-H, Title IX of the Education Amendments of 1972, and the Violence Against Women Act.
Re-writing of existing policies and for training.
Labor relations review of CBA processes that would need to be changed and institutionalized.
Staff training Legal services related to formal hearings The addition of up to two (2) FTE administrators to serve as dedicated staff/conduct officers to determine when certain matters trigger the requirements of the bill, manage the process, coordinate the hearings and ensure compliance.
While the costs are indeterminable, CCSNH estimates in total they could range from $0 to $100,000 in FY 2026, and from $100,000 to $500,000, in FY 2027 and each year thereafter.
University System of New Hampshire (USNH) The University System of New Hampshire (USNH) states this bill’s fiscal impact is indeterminable, however expected to be significant ($500,000 or more per year).
This range is based on a component office (Community Standards) of the University of New Hampshire (UNH) that produced an estimate of $215,000 per year to support the salaries and benefits of three (3) additional staff to manage increased workload in that office to support statutory compliance.
The estimate is based on disciplinary actions that currently may be adjudicated without a formal panel hearing.
USNH states that adding expenses for other UNH disciplinary areas and other USNH campuses for additional staff to manage increased training and investigation activities and expanded volunteer management for the additional panel hearings, a conservative estimate is $500,000 in increased USNH expense annually.
Depending on the timing of bill’s passage, USNH states that in conjunction with preparation for the 2026-2027 academic year, some expense could be incurred in FY 2026.
CommunityNone College System of New Hampshire and University System of New Hampshire