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NC H777
Bill
Status
4/11/2017
Primary Sponsor
Mitchell Setzer
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AI Summary
H777 - University Discipline Due Process Bill
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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.
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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.
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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.
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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.
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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