AR SB365

Repeals Arkansas Code § 6-60-109 regarding right to counsel at disciplinary proceedings and replaces it with the Arkansas Student Due Process and Protection Act, establishing comprehensive procedural protections for student disciplinary proceedings at Arkansas public two-year and four-year institutions of higher education.

Applies protections only to "serious violations" (nonacademic code of conduct violations that could result in suspension or expulsion), excluding academic dishonesty cases, and requires institutions to maintain administrative files containing all relevant evidence, witness statements, recordings or transcripts, and exculpatory evidence.

Grants accused students and student complainants the right to be represented by an attorney or non-attorney advocate at their own expense who may fully participate in disciplinary proceedings, with representation extending through any institutional appeals; establishes presumption of innocence requiring institution to prove every element of alleged violation.

Requires institutions to provide accused students with a copy of the statute, written notice of rights at least 24 hours before questioning, right to live hearings with opportunity to present evidence and cross-examine witnesses, access to administrative files at least 7 business days before hearings, and appeal rights within 25 days.

Creates private cause of action through Arkansas State Claims Commission allowing students to recover compensatory damages, attorney's fees, expert witness fees, and financial losses for substantial violations of the statute, with one-year statute of limitations beginning from date of final notice of discipline.