|04/08/22: signed by Governor (Acts Ch. 159)
|AN ACT relating to student discipline at public postsecondary education institutions.
Acts Chapter 159
|Bill Request Number
|K. Banta, K. Moser, L. Bechler, J. Blanton, A. Bowling, K. Bratcher, J. Calloway, J. Decker, R. Dotson, D. Fister, P. Flannery, K. Fleming, M. Hart, S. Heavrin, W. Lawrence, D. Lewis, M. Lockett, S. Maddox, C. Massey, B. McCool, J. Nemes, D. Osborne, P. Pratt, M. Prunty, F. Rabourn, K. Timoney, R. White
|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 3 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 that is suspended for 3 days or more, expelled, or has their 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 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 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
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
|Jump to Proposed Amendments
|House Committee Substitute 1
|House Committee Substitute 1
|Retain all original provisions, except limit the number of support persons able to attend a student disciplinary matter to two; extend the reporting date of the report on student discipline from September 1 to November 1; extend the deadline to request an exemption from reporting data required for the report on student discipline from April 1 to September 1.
Education, Higher - Report on student discipline, deadline to publish, November 1
Universities and Colleges - Report on student discipline, deadline to publish, November 1
Last updated: 2/8/2023 2:57 PM (EST)