HB 145 — AN ACT relating to student discipline at public postsecondary education institutions.

UNOFFICIAL COPY 21 RS BRHB 991145/GA AN ACT relating to student discipline at public postsecondary education institutions.

(1) For the purposes of this section, "student"(a) "Complainant" means a student who has formally filed a complaint alleging that he or she is the samevictim meaningof asa inviolation KRSof 164.348.the rules of student conduct promulgated by the governing body of a public postsecondary education institution to address criminal conduct or other conduct that would violate Title IX or other federal law if left unaddressed;

(2)(b) Each"Participant" governingmeans board shall adopt a coderespondent of student conduct that shall clearly set forth the rules for student conduct and establisha disciplinarycomplainant; procedures to enforce those rules.

(3)(c) At"Respondent" means a minimum,student thethat disciplinaryhas proceduresbeen shallformally afford any student accused of a violation of the rules for student conduct:conduct promulgated by the governing board of a public postsecondary education institution;

(a)(d) The"Student" presumption that a student has not committed a violation until the institutionsame hasmeaning establishedas everyin elementKRS of164.348; the alleged violation;

(b)and Written(e) notice"Title of:IX" means Title IX of the Education Amendments of 1972, 20 U.S.C.

secs.

1681 et seq., applicable federal regulations, and binding federal judicial precedent.

(2) Each governing board shall adopt a code for student conduct that shall clearly set forth the rules for student conduct and establish disciplinary procedures to enforce those rules.

(3) At a minimum, the disciplinary procedures shall:

(a) 1.

Afford a respondent the presumption that the respondent is innocent and has not committed a violation of the rules for student conduct until the institution has established every element of the alleged violation;

and 2.

Clearly state that the presumption afforded by subparagraph 1.

of this Page 1 of 7 HB014510.100 - 991 - XXXX GA UNOFFICIAL COPY 21 RS HB 145/GA paragraph shall not be construed to mean that any witness has presented false testimony or evidence, including but not limited to a complainant;

(b) Provide a participant written notice of:

AnyThe allegationspecific details of an alleged violation or formal charge of thea violation;

The rights of the studentparticipant as set forth in this sectionsection, and the code offor student conduct, includingor aany clearother statementapplicable thatlaw; a student is presumed innocent and that it is the obligation of the institution to prove every allegation of the alleged violation;

Three (3) business days prior to any scheduled event,event at which the participant is expected to appear, including any administrative meeting that serves an investigative purpose;

SevenTen (7)(10) business days prior to any disciplinary hearing;

ARequire the institution to maintain a record of the disciplinary proceedings that shall include all pleadings and evidence in the institution's possession or control relevant to the alleged Page 1 of 4 XXXX Jacketed UNOFFICIAL COPY 21 RS BR 991 violation or the institution's investigation thereof, including exculpatory evidence, and a video or audio recording of any disciplinary hearing.hearing;

AProvide student accused of a violationparticipant shallreasonable beand givencontinuous access to the entire record beginning at least threeten (3)(10) business days prior to any scheduleddisciplinary eventhearing, andexcept seventhat (7)individual businessportions daysof priorthe torecord anymay disciplinarybe hearing.redacted if disclosure of the evidence is otherwise prohibited by law;

and 3.

OnlyRequire that only evidence contained in the record may be considered in the determination of whether a violation occurred;

(d) TheProvide righta toparticipant be present and participate meaningfully in each phase of the disciplinaryright process;to:

(e)Page The2 right to fair and impartial treatment at each phase of the7 disciplinaryHB014510.100 process,- which991 shall- excludeXXXX anyGA individualUNOFFICIAL thatCOPY participates21 inRS anHB investigation145/GA or1. alternative dispute resolution from participating as a hearing adjudicator;

andBe (f)present Ifand aparticipate violationmeaningfully may result in theeach suspension,phase expulsion, or termination of an accused student's residence in campus housing or termination of the affiliationdisciplinary ofprocess, aexcept studentas organizationrestricted registeredby pursuantTitle toIX; the policies of the institution:

1.

The right to be represented by counsel, at the expense of the student, at each material phase of the disciplinary process, including but not limited to any alternative dispute resolution phase, meeting, hearing, or appeal of the matter;

AtFair anyand hearing,impartial treatment at each phase of the rightdisciplinary toprocess, makewhich openingshall andexclude closingany statements,individual tothat presentparticipates evidence,in andan investigation or alternative dispute resolution related to cross-examinethe anymatter testimony,from personallyparticipating oras througha counsel;hearing adjudicator;

TheWaive right to waive the confidentiality of any hearingphase in the disciplinary process to permit the attendance of any support person so long as that person would not Page 2 of 4 XXXX Jacketed UNOFFICIAL COPY 21 RS BR 991 interfere with the hearing, violate the privacy rights of another student,student or substantially burdendelay the hearingdisciplinary process.

(4)If (a)required Subjectby toTitle subsectionIX, (3)the ofsupport thisperson section, a governing board[Each board of regents] may investserve theas facultyan oradvisor ato representative committee of designated faculty, staff, and students with the powerparticipant; to suspend or expel any student for disobedience to the[its] rules[,] for student conduct[ or for any other contumacy, insubordination or immoral conduct].

(b)and In(e) everyIf casean ofalleged suspensionviolation ormay expulsionresult ofin athe student,suspension, expulsion, or termination of a student'srespondent's residence in campus housing,housing or termination of the affiliation of a student organization,organization theregistered disciplinarypursuant proceduresto shall grant the studentpolicies theof right to[person suspended or expelled may] appeal to the governinginstitution, board[provide ofa regents].participant:

The disciplinary procedures[board of regents] shall prescribe the manner and the mode of procedure on appeal.

The decision of the governing board[ of regents] shall be final.

(c) A student who is suspended or expelled by a final decision of the governing board shall have the right to appeal the final order in accordance with KRS 13B.140, except that:

AAt studentthe shallparticipant's haveown oneexpense, (1)the yearright afterto be represented by counsel or, if required by Title IX, an adviser, at each material phase of the finaldisciplinary orderprocess, including but not limited to fileany alternative dispute resolution phase, meeting, hearing, or appeal of the petition;matter.

Upon written notification of representation, this right shall require an institution to direct all correspondence related to the disciplinary proceeding to the participant's counsel and to the participant;

AAt studentany whohearing, has a final order of suspension or expulsion overturned for a violation of this section shall be entitled to compensatory damages, including attorney's fees and court costs, in an amount no less than the fullright costto: of one (1) semester of a full-time, out-of-state tuition at the institution.

a.