Last Action | 03/03/21: to Education (S) |
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Title | AN ACT relating to student discipline at public postsecondary education institutions. |
Bill Documents |
Current/Final
Introduced |
Bill Request Number | 991 |
Sponsors | K. Banta, K. Moser, L. Bechler, J. Blanton, K. Bratcher, J. Bray, J. Decker, R. Dotson, J. Fischer, D. Fister, P. Flannery, K. Fleming, D. Frazier, R. Goforth, M. Hart, S. Heavrin, R. Huff, A. Koenig, W. Lawrence, D. Lewis, M. Lockett, S. Maddox, C. Massey, B. McCool, J. Nemes, D. Osborne, M. Prunty, F. Rabourn, B. Reed, K. Timoney, B. Wesley, R. White |
Summary of Original Version | Amend KRS 164.370 to require each governing board of a public postsecondary education institution to adopt a student code of conduct that includes disciplinary procedures; set minimum requirements for the disciplinary procedures; require the institution to provide additional rights to students eligible to receive certain punishments; require a governing board to permit a student whose residence is in campus housing to appeal to the governing board; require a governing board to permit a student organization whose affiliation with the institution has been terminated to appeal to the governing board; permit a student to appeal a final decision of a governing board in accordance with KRS Chapter 13B, except that the student shall have 1 year to appeal; define "student"; title the Act "the Kentucky Student Administrative Rights Protection Act." |
Index Headings of Original Version |
Education, Higher - Postsecondary student disciplinary proceedings, rights of student, minimum procedural requirements Universities and Colleges - Student disciplinary proceedings, rights of student, minimum procedural requirements Administrative Regulations and Proceedings - Postsecondary student disciplinary proceedings, minimum procedural requirements, right to appeal Boards and Commissions - Postsecondary governing boards, student disciplinary proceedings, minimum procedural requirements Short Titles and Popular Names - Kentucky Student Administrative Rights Protection Act |
Jump to Proposed Amendments |
House Committee Substitute 1 House Floor Amendment 1 House Floor Amendment 2 |
Votes | Vote History |
01/05/21 |
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02/04/21 |
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02/22/21 |
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02/24/21 |
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02/25/21 |
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02/26/21 |
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03/01/21 |
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03/02/21 |
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03/03/21 |
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Amendment | House Committee Substitute 1 |
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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 |
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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 |
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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 |
Last updated: 5/18/2021 11:08 AM (EDT)
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