Bill Text: AZ HB2242 | 2019 | Fifty-fourth Legislature 1st Regular | Introduced
Bill Title: Postsecondary students; disciplinary proceedings
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-01-29 - House read second time [HB2242 Detail]
Download: Arizona-2019-HB2242-Introduced.html
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REFERENCE TITLE: postsecondary students; disciplinary proceedings |
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State of Arizona House of Representatives Fifty-fourth Legislature First Regular Session 2019
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HB 2242 |
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Introduced by Representative Kern
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AN ACT
amending Title 15, chapter 14, article 6, Arizona Revised Statutes, by adding section 15-1870; relating to postsecondary students.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 15, chapter 14, article 6, Arizona Revised Statutes, is amended by adding section 15-1870, to read:
15-1870. Accused students; accused student organizations; alleged victims; disciplinary proceedings; legal representation; notice; exchange of evidence; conflict of interest; withholding of funding; definitions
A. A community college district or university may not prohibit any of the following:
1. An accused student or an accused student organization from having a legal representative, at the accused student's or accused student organization's expense, at a disciplinary proceeding.
2. an accused student's or an accused student organization's legal representative from full participation in a disciplinary proceeding.
3. an alleged victim from having a legal representative, at the alleged victim's expense, at a disciplinary proceeding that pertains to the alleged victim.
4. An alleged victim's legal representative from full participation in a disciplinary proceeding that pertains to the alleged victim.
B. A community college district or university shall provide an accused student or an accused student organization described in Subsection A of this section or an alleged victim described in Subsection A of this section with written notice of the accused student's, accused student organization's or alleged victim's rights under this section.
C. Unless exigent circumstances exist that reasonably justify proceeding without providing notice under this section, a community college district or university shall establish policies and procedures to ensure that the community college district or university provides written notice of the accused student's, accused student organization's or alleged victim's rights as soon as practicable but at least seven days before a disciplinary proceeding.
D. The parties to a disciplinary proceeding shall make a good faith effort to exchange any evidence the parties intend to use in the disciplinary proceeding. This subsection does not do either of the following:
1. provide for formal or informal discovery beyond the exchange of evidence described in this subsection.
2. incorporate or bind a community college district or university to either state or federal rules of civil procedure or evidence.
E. A community college district or university shall prohibit an individual who is employed by or who otherwise represents the community college district or university from acting as an adjudicator, hearing officer or appellate hearing officer if the individual has served in any of the following roles for the purposes of a disciplinary proceeding:
1. an advocate or counselor for an alleged victim, accused student or accused student organization.
2. an investigator.
3. An administrator presenting arguments and evidence on behalf of the community college district or university.
4. an advisor to a person described in paragraph 1, 2 or 3 of this subsection.
F. If an individual who is employed by a community college district or university or who otherwise represents a community college district or university serves as an investigator or an administrator presenting arguments and evidence on behalf of the community college district or university for the alleged violation of a policy or rule, the community college district or university shall advise an accused student, accused student organization or alleged victim of this fact before any investigation.
G. An individual may not serve as an investigator or an administrator presenting arguments and evidence on behalf of the community college district or university and as an advocate for an accused student, accused student organization or an alleged victim.
H. If an accusation in a disciplinary proceeding is not supported by the evidence, is dismissed or is otherwise determined to be unfounded, the community college district or university shall expunge the accusation from the accused student's or the accused student organization's record.
I. If the attorney general determines and notifies the state treasurer in writing that a community college district or university has violated this section, the state treasurer shall withhold up to ten percent of the state funding that would otherwise be distributed to that community college district or university until the attorney general notifies the state treasurer in writing that the violation has been resolved.
J. This section does not prohibit a community college district or university from temporarily suspending an accused student or accused student organization pending the completion of a disciplinary proceeding.
K. A community college district or university shall enact policies to govern proceedings in which a student has a right to a legal representative in accordance with this section.
L. A community college district or university may adopt a policy requiring an accused student's, accused student organization's or alleged victim's legal representative to first submit questions for an opposing party to a hearing officer.
M. This section does not do either of the following:
1. Govern campus law enforcement or other law enforcement.
2. Otherwise replace or amend criminal procedures that govern law enforcement activities.
N. For the purposes of this section:
1. "Academic dishonesty" means an act of dishonesty relating to a student's academic work or performance.
2. "Accused student" means an individual who is enrolled in a community college district or university and who has allegedly violated a policy or rule.
3. "Accused student organization" means a student organization that has allegedly violated a policy or rule.
4. "Alleged victim" means an individual whose rights are allegedly infringed or who is otherwise allegedly harmed by an accused student's or an accused student organization's violation of a policy or rule.
5. "Disciplinary proceeding":
(a) Means a formal or informal proceeding, including an appeal, that is initiated by a community college district or university and that is either:
(i) Required by a policy or rule.
(ii) Held to determine whether an accused student or an accused student organization has violated a policy or rule.
(b) Does not include a proceeding that solely involves a student's academic dishonesty.
6. "Evidence" means information that is inculpatory or exculpatory as it relates to an accusation against an accused student or accused student organization, including any of the following:
(a) a complainant statement.
(b) a third-party witness statement.
(c) electronically stored information.
(d) a written communication.
(e) a post to social media.
(f) demonstrative evidence.
7. "Full participation":
(a) means the opportunity:
(i) To participate in a DISCIPLINARY proceeding to the full extent that the student or student organization would otherwise be allowed to participate under a community college district's or university's policy or rule.
(ii) To provide an accused student, accused student organization or alleged victim with support, guidance or advice.
(iii) To make opening and closing statements.
(iv) To present and question witnesses.
(b) does not include any procedural right other than a right described in Subdivision (a) of this paragraph.
8. "Legal representative" means an attorney or a nonattorney advocate.
9. "Policy or rule" means a policy or rule of a community college district or university that, if violated, may result in either:
(a) for a student, suspension of ten or more calendar days or expulsion from the community college district or university.
(b) for a student organization, the suspension or removal of institutional recognition of the student organization.
10. "Student organization" means a club or other organization that meets all of the following criteria:
(a) meets during noninstructional time.
(b) is recognized by the community college district or university at which the student organization meets.
(c) the majority of the student organization's members are current students at the community college district or university.
Sec. 2. Short title
This act may be cited as the "Campus Individual Rights Act".
