22RS SB 129

Senate Bill 129

Actions

Last Action	02/07/22: to Education (S)
Title	AN ACT relating to student discipline at public postsecondary education institutions.
Bill Documents	Introduced
Bill Request Number	1717
Sponsors	R. Alvarado, S. Meredith, A. Southworth
Summary of Original Version	Amend KRS 164.370 to define terms; require a governing board of a public postsecondary education institution to adopt a code for student conduct; establish minimum procedural requirements for a nonacademic violation when the violation is punishable by a suspension, expulsion, or termination of student housing, including a presumption of innocence, written notice, maintenance of an administrative file, the right to be present and participate meaningfully, the right to fair and impartial treatment, and the ability to bring a support person; establish enhanced minimum procedural requirements for a nonacademic violation when the violation is punishable by a suspension of three days or more, expulsion, or termination of student housing, including the right to be represented by counsel, to present relevant hearing evidence, and to cross-examine hearing testimony; provide a respondent who is suspended for three days or more, expelled, or has his or her campus housing terminated the right to appeal the results of a disciplinary hearing; provide that a participant has the right to appeal a Title IX allegation that does not result in a finding of a violation; provide that a respondent or designated complainant shall have the right to appeal a final order of the governing board in Circuit Court; provide that nothing in the section shall be interpreted to impede or delay law enforcement, impair an institution's ability to take reasonable interim measures in a student discipline matter, impair an institution's ability to effectuate a valid judicial order, impair an institution's ability to terminate a student's residence in campus housing for any other reason than a student disciplinary matter, or limit any addition rights afforded under federal law; create a new section of KRS Chapter 164 to require a public postsecondary education institution to publish a report on student discipline every three years; establish the required contents of the report; permit a postsecondary education institution to apply to the Attorney General for an exemption when the institution maintains that required data cannot be adequately deidentified to conform to federal law; provide that the Act may be cited as the Kentucky Campus Due Process Protection Act.
Index Headings of Original Version	Civil Rights - Student disciplinary proceedings, due process requirements Education, Higher - Student disciplinary proceedings, requirements, annual report Federal Laws and Regulations - Title IX, postsecondary student disciplinary proceedings, procedural requirements Universities and Colleges - Student disciplinary proceedings, requirements, annual report Short Titles and Popular Names - Kentucky Campus Due Process Protection Act

02/02/22	introduced in Senate to Committee on Committees (S)
02/07/22	to Education (S)