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NC H777

Bill

Status

Introduced

4/11/2017

Primary Sponsor

Mitchell Setzer

Click for details

Origin

House of Representatives

2017-2018 Session

AI Summary

H777 - University Discipline Due Process Bill

  • Requires the Board of Governors to adopt mandatory systemwide policies guaranteeing due process rights for students in university disciplinary proceedings, particularly for sexual misconduct allegations.

  • Mandates accused students receive adequate notice of allegations and evidence, the right to consult and be accompanied by legal counsel at all stages, and the right to appeal findings.

  • Establishes that cross-examination of witnesses is permitted, investigations and hearings must be conducted impartially by separate individuals, and the standard of proof for sexual misconduct must be clear and convincing evidence.

  • Allows universities to suspend (but not expel) students for off-campus conduct that violates the Code of Conduct and directly impacts campus safety or operations, but prohibits long-term suspension or expulsion without a hearing providing full due process.

  • Permits students and recognized student organizations to be represented at disciplinary hearings by licensed attorneys or nonattorney advocates at their own expense, except for cases involving academic dishonesty or student-staffed honor courts.

Legislative Description

Amend Law Regarding University Discipline

Last Action

Ref to the Com on Education - Universities, if favorable, Judiciary I

4/13/2017

Committee Referrals

Education - Universities4/13/2017

Full Bill Text

No bill text available