SB129: AN ACT relating to student discipline at public postsecondary education institutions.

Legislative Summary

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.