Kentucky
General Assembly

01/05/21	introduced in House to Committee on Committees (H)
02/04/21	to Judiciary (H)
02/22/21	posted in committee
02/24/21	reported favorably, 1st reading, to Calendar with Committee Substitute
02/25/21	2nd reading, to Rules floor amendment (1) filed to Committee Substitute
02/26/21	posted for passage in the Regular Orders of the Day for Monday, March 1, 2021 floor amendment (2) filed to Committee Substitute
03/01/21	3rd reading, passed 69-22 with Committee Substitute and floor amendments (1) and (2)
03/02/21	received in Senate to Committee on Committees (S)
03/03/21	to Education (S)

Amendment	House Committee Substitute 1
Summary	Retain all original provisions; add definitions for "complainant," "participant," and "Title IX"; clarify the role of Title IX complainants in student disciplinary proceedings; clarify the presumption of innocence; require that participants be granted reasonable and continuous access to the record of evidence; permit audio recordings of proceedings; clarify the right to be represented by counsel; require hearing evidence to be relevant; incorporate a rape sheild provision, reduce the period of time to appeal a final order of the governing board from 2 years to 30 days; give a Title IX complainant equal rights to and upon appeal; give any student participant the right to appeal a decision; create a new section of KRS 164 to require that each public postsecondary education institution publish an annual student discipline report and submit the report to the Interim Joint Committee on Education; and establish short title of "The Kentucky Campus Due Process Protection Act".
Index Headings	Education, Higher - Student disciplinary proceedings, annual report Education, Higher - Student disciplinary proceedings, Title IX complaints, rights of students Federal Laws and Regulations - Title IX, postsecondary student disciplinary proceedings, due process requirements Universities and Colleges - Student disciplinary proceedings, annual report Universities and Colleges - Student disciplinary proceedings, Title IX complaints, rights of students Short Titles and Popular Names - Kentucky Campus Due Process Protection Act

Amendment	House Floor Amendment 1
Sponsor	K. Banta
Summary	Retain all original provisions except amend the definition of "complainant"; require the record to contain pleadings and evidence; require the presence of a support person at any phrase in the disciplinary process; reflect federal limitations on the cross-examination of all students; permit the governing board to designate an authority to issue a final order in a student disciplinary proceeding; specify that nothing in the bill is intended to impede an institution's ability to take reasonable interim measures during a timely investigation and adjudication of a student disciplinary matter, including adjustments to student housing arrangements; remove approximate household income as a required student demographic in the student discipline report filed by public postsecondary education institutions; require institutions to report the general source of allegations in the student discipline report.
Index Headings	Education, Higher - Student disciplinary proceedings, governing board authority to designate Education, Higher - Student disciplinary proceedings, rights of students Universities and Colleges - Student disciplinary proceedings, governing board, authority to designate Universities and Colleges - Student disciplinary proceedings, rights of students Reports Mandated - Student discipline report, public postsecondary education institutions, required contents

Amendment	House Floor Amendment 2
Sponsor	K. Banta
Summary	Amend definition of "complainant" to include all crime victims; require that cross-examination conducted personally by a participant be conducted by written questions submitted to be reviewed and read by a neutral hearing officer; permit an institution to require one or more representatives of a class of student victims to serve as the complainant in a disciplinary proceeding when the class-action requirements are met.
Index Headings	Crime Victims - Postsecondary disciplinary proceedings, right to participate as party Education, Higher - Postsecondary disciplinary proceedings, cross-examination, limitations on personal cross-examination Education, Higher - Student disciplinary proceedings, crime victims, rights Universities and Colleges - Postsecondary disciplinary proceedings, cross-examination, limitations on personal cross-examination Universities and Colleges - Student disciplinary proceedings, crime victims, rights