IN
Indiana House Bill HB1479

Indiana 2023 Regular Session

Indiana House Bill HB1479 Compare Versions

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22 Introduced Version
33 HOUSE BILL No. 1479
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 21-39-9.
77 Synopsis: Student disciplinary proceedings. Requires a state
88 educational institution to: (1) maintain administrative files on
99 disciplinary proceedings that include certain information; (2) record a
1010 disciplinary hearing by video recording, audio recording, or written
1111 transcript; (3) include certain disciplinary rights and procedures in the
1212 state educational institution's code of conduct; and (4) make a good
1313 faith effort in disciplinary proceedings to include relevant evidence and
1414 exclude evidence that is not relevant or probative. Provides that a
1515 student or student organization injured by a violation of these
1616 provisions may bring a civil action against the state educational
1717 institution.
1818 Effective: July 1, 2023.
1919 Teshka, Jeter
2020 January 17, 2023, read first time and referred to Committee on Education.
2121 2023 IN 1479—LS 6867/DI 110 Introduced
2222 First Regular Session of the 123rd General Assembly (2023)
2323 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
2424 Constitution) is being amended, the text of the existing provision will appear in this style type,
2525 additions will appear in this style type, and deletions will appear in this style type.
2626 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
2727 provision adopted), the text of the new provision will appear in this style type. Also, the
2828 word NEW will appear in that style type in the introductory clause of each SECTION that adds
2929 a new provision to the Indiana Code or the Indiana Constitution.
3030 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
3131 between statutes enacted by the 2022 Regular Session of the General Assembly.
3232 HOUSE BILL No. 1479
3333 A BILL FOR AN ACT to amend the Indiana Code concerning
3434 higher education.
3535 Be it enacted by the General Assembly of the State of Indiana:
3636 1 SECTION 1. IC 21-39-9 IS ADDED TO THE INDIANA CODE AS
3737 2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
3838 3 1, 2023]:
3939 4 Chapter 9. Student and Administration Equality
4040 5 Sec. 1. As used in this chapter, “disciplinary proceeding" means:
4141 6 (1) an investigatory interview or hearing; or
4242 7 (2) any other procedure;
4343 8 conducted by a state educational institution relating to the alleged
4444 9 violation that a student or student organization reasonably believes
4545 10 may result in disciplinary action against the student or student
4646 11 organization.
4747 12 Sec. 2. As used in this chapter, "fully participate" means the
4848 13 opportunity to:
4949 14 (1) be present;
5050 15 (2) make opening and closing statements;
5151 16 (3) examine and cross-examine witnesses; and
5252 17 (4) provide the alleged victim or accused student or student
5353 2023 IN 1479—LS 6867/DI 110 2
5454 1 organization with support, guidance, and advice.
5555 2 Sec. 3. (a) A state educational institution shall maintain an
5656 3 administrative file of all disciplinary proceedings. The file shall
5757 4 include all documents and evidence in the state educational
5858 5 institution's possession or control that are relevant to the
5959 6 disciplinary proceeding and the state educational institution's
6060 7 investigation, including:
6161 8 (1) exculpatory evidence;
6262 9 (2) statements by the alleged victim and accused student or
6363 10 student organization;
6464 11 (3) third party witness statements;
6565 12 (4) electronically stored information;
6666 13 (5) written communications;
6767 14 (6) social media posts;
6868 15 (7) demonstrative evidence;
6969 16 (8) documents submitted by any participant; and
7070 17 (9) a video recording, audio recording, or transcript of any
7171 18 disciplinary hearing held concerning the alleged violation.
7272 19 (b) The file under subsection (a) may not include privileged
7373 20 documents or internal memoranda that the state educational
7474 21 institution does not intend to introduce as evidence at any hearing
7575 22 regarding the disciplinary proceeding.
7676 23 (c) The state educational institution shall record a disciplinary
7777 24 proceeding by video recording, audio recording, or written
7878 25 transcript.
7979 26 Sec. 4. (a) Each state educational institution shall include in the
8080 27 state educational institution's code of conduct the disciplinary
8181 28 rights and procedures described in subsection (b) and section 5 of
8282 29 this chapter that involve:
8383 30 (1) a student enrolled in the state educational institution who
8484 31 is accused of violating the nonacademic disciplinary or
8585 32 conduct rules of the state educational institution that carry a
8686 33 potential penalty of:
8787 34 (A) a suspension of at least ten (10) days; or
8888 35 (B) an expulsion;
8989 36 (2) a student organization officially recognized by a state
9090 37 educational institution that is accused of a violation that is
9191 38 punishable by suspension or removal of the student
9292 39 organization from the state educational institution; and
9393 40 (3) an alleged victim of a violation described in subdivision (1)
9494 41 or (2).
9595 42 (b) The disciplinary rights and procedures under subsection (a)
9696 2023 IN 1479—LS 6867/DI 110 3
9797 1 must include the following:
9898 2 (1) That the student or student organization described in
9999 3 subsection (a) has the right to be represented, at the student's
100100 4 or student organization's expense, by the student's or student
101101 5 organization's choice of either an attorney or a nonattorney
102102 6 advocate, who may fully participate during any disciplinary
103103 7 proceeding or any other procedure adopted and used by the
104104 8 state educational institution, including any state educational
105105 9 institution appellate process, until the conclusion of the
106106 10 disciplinary proceeding.
107107 11 (2) That the student or student organization is presumed
108108 12 innocent.
109109 13 (3) That the state educational institution bears the burden of
110110 14 proving every element of an alleged violation, and that an
111111 15 accused student or student organization is not guilty of a
112112 16 violation unless:
113113 17 (A) the student or student organization admits to the
114114 18 violation; or
115115 19 (B) a hearing officer finds that the state educational
116116 20 institution has proven every element of the violation.
117117 21 (4) That the student or student organization has the right to:
118118 22 (A) a live hearing;
119119 23 (B) be present at the hearing;
120120 24 (C) make an opening and closing statement at the hearing;
121121 25 (D) present relevant evidence at the hearing; and
122122 26 (E) cross-examine adverse witnesses through an attorney
123123 27 or, at the student's or student organization's sole
124124 28 discretion, a nonattorney advocate.
125125 29 (5) If the student or student organization does not have an
126126 30 attorney or a nonattorney advocate to conduct the
127127 31 cross-examination as described in subdivision (4), the state
128128 32 educational institution shall, at no expense to the student or
129129 33 student organization, do one (1) of the following:
130130 34 (A) Appoint an attorney or nonattorney advocate to
131131 35 cross-examine an adverse witness.
132132 36 (B) Provide an alternative method for conducting a
133133 37 meaningful cross-examination.
134134 38 (6) That the state educational institution shall provide
135135 39 information in writing to the student or student organization
136136 40 regarding the student's or student organization's rights under
137137 41 this chapter:
138138 42 (A) before an initial disciplinary hearing is scheduled; and
139139 2023 IN 1479—LS 6867/DI 110 4
140140 1 (B) at least two (2) business days before a state educational
141141 2 institution questions the student or a student organization
142142 3 about an alleged violation described in subsection (a).
143143 4 (7) That any student or student organization has a right to
144144 5 appeal to an appellate hearing officer or body of the state
145145 6 educational institution a finding of a violation of the state
146146 7 educational institution's code of conduct.
147147 8 (8) That an appeal must be filed not later than ninety (90)
148148 9 days after the date that the student or student organization
149149 10 receives a final notice of the state educational institution's
150150 11 decision.
151151 12 (9) That the accused student or student organization, or the
152152 13 attorney or nonattorney advocate for the student or student
153153 14 organization, has reasonable continuing access to the
154154 15 administrative file and the ability to make copies of all
155155 16 evidence or documents in the file beginning at least seven (7)
156156 17 business days before the date of any disciplinary hearing, or
157157 18 earlier if otherwise required by federal law, except that
158158 19 individual portions of the administrative file will be redacted
159159 20 if disclosure of the evidence is prohibited by law.
160160 21 (10) That the disciplinary proceedings will be carried out in
161161 22 a manner that is free from conflicts of interest by ensuring
162162 23 that administrative and adjudicative roles are not
163163 24 commingled.
164164 25 (11) That a state educational institution is considered to be
165165 26 commingling roles in violation of subdivision (10) if any
166166 27 individual carries out more than one (1) of the following roles
167167 28 with respect to the disciplinary proceeding regarding a
168168 29 student or student organization:
169169 30 (A) Attorney or nonattorney advocate for the alleged
170170 31 victim.
171171 32 (B) Attorney or nonattorney advocate for the accused
172172 33 student or student organization.
173173 34 (C) Investigator.
174174 35 (D) State educational institution prosecutor.
175175 36 (E) Hearing officer.
176176 37 (F) Appellate hearing officer or body.
177177 38 (c) A state educational institution may designate an appellate
178178 39 hearing officer or body as the final state educational institution
179179 40 authority for a disciplinary proceeding.
180180 41 Sec. 5. Each state educational institution's disciplinary rights
181181 42 and procedures must include the following for violations described
182182 2023 IN 1479—LS 6867/DI 110 5
183183 1 in section 4(a) of this chapter in which a student submits a
184184 2 complaint against a student or student organization:
185185 3 (1) That the alleged victim of a violation described in section
186186 4 4(a) of this chapter has the right to be represented, at the
187187 5 alleged victim's expense, by the alleged victim's choice of
188188 6 either an attorney or a nonattorney advocate, who may fully
189189 7 participate during any disciplinary proceeding or any other
190190 8 procedure adopted and used by the state educational
191191 9 institution, including any appellate process of the state
192192 10 educational institution until the conclusion of the proceeding.
193193 11 (2) That the alleged victim and the alleged victim's attorney
194194 12 or nonattorney advocate has reasonable continuing access to
195195 13 the administrative file and the ability to make copies of all
196196 14 evidence or documents in the file beginning at least seven (7)
197197 15 business days before the date of any disciplinary hearing, or
198198 16 earlier if otherwise required by federal law, except that
199199 17 individual portions of the administrative file shall be redacted
200200 18 if disclosure of the evidence is prohibited by law.
201201 19 Sec. 6. If required by federal law, the right to appeal shall be
202202 20 extended to an alleged victim. If an alleged victim appeals, the
203203 21 alleged victim and the accused student or student organization of
204204 22 the alleged violation described in section 4(a) of this chapter must
205205 23 be provided simultaneous notification of the state educational
206206 24 institution's procedures to appeal the result of the disciplinary
207207 25 proceeding.
208208 26 Sec. 7. The state educational institution shall make a good faith
209209 27 effort in disciplinary proceedings to include relevant evidence and
210210 28 exclude evidence that is not relevant or probative.
211211 29 Sec. 8. (a) Nothing in this chapter may be considered to impair
212212 30 a state educational institution's ability to take reasonable interim
213213 31 measures necessary to ensure the physical safety of members of the
214214 32 campus community during a timely investigation and adjudication
215215 33 of a student or student organization disciplinary proceeding,
216216 34 including the ability to:
217217 35 (1) make adjustments in student housing arrangements;
218218 36 (2) impose conditions of no contact between the student or
219219 37 student organization and the alleged victim;
220220 38 (3) temporarily suspend a student; or
221221 39 (4) ban a student from campus.
222222 40 (b) If a state educational institution takes reasonable interim
223223 41 measures as described in subsection (a), the state educational
224224 42 institution shall do the following:
225225 2023 IN 1479—LS 6867/DI 110 6
226226 1 (1) Provide, not later than twenty-four (24) hours after
227227 2 deciding to take the measures, written notice to the student or
228228 3 student organization of the interim measures that explains the
229229 4 state educational institution's reasons for enacting the interim
230230 5 measures.
231231 6 (2) Unless otherwise waived by the student or student
232232 7 organization, hold an interim measures hearing not later than
233233 8 three (3) business days after the date the state educational
234234 9 institution decides to take the interim measures to determine
235235 10 whether:
236236 11 (A) there is substantial evidence that the student or student
237237 12 organization poses a risk to the physical safety of a
238238 13 member of the campus community; and
239239 14 (B) the interim measures are appropriate to mitigate the
240240 15 risk.
241241 16 (c) At the interim measures hearing under subsection (b)(2), the
242242 17 student or student organization and the alleged victim have the
243243 18 right to be represented by an attorney or nonattorney advocate
244244 19 who may fully participate in the interim measures hearing.
245245 20 (d) A student's or student organization's waiver of the right to
246246 21 an interim measures hearing does not constitute an admission of
247247 22 guilt or a waiver of any additional rights provided under this
248248 23 chapter.
249249 24 Sec. 9. (a) A student or student organization injured by a
250250 25 violation of a right or requirement established under this chapter
251251 26 may bring a civil action against the state educational institution.
252252 27 (b) The court may award the following to a student or student
253253 28 organization that prevails in a civil action under this section:
254254 29 (1) Compensatory damages.
255255 30 (2) Court costs and reasonable costs of litigation, including
256256 31 attorney's fees.
257257 32 (3) Equitable relief.
258258 33 (c) Compensatory damages under subsection (b)(1) must include
259259 34 damages for:
260260 35 (1) costs of tuition paid by a student or on the student's behalf
261261 36 for the semester during which the violation described in
262262 37 subsection (a) occurred; and
263263 38 (2) the amount of any scholarship funding lost as a result of
264264 39 any discipline by the state educational institution.
265265 40 (d) Any other relief, including a de novo rehearing by the state
266266 41 educational institution.
267267 42 Sec. 10. An action under section 9 of this chapter must be
268268 2023 IN 1479—LS 6867/DI 110 7
269269 1 brought not later than one (1) year after the date that the student
270270 2 or student organization received a final notice of a disciplinary
271271 3 decision by the state educational institution.
272272 4 Sec. 11. Nothing in this chapter:
273273 5 (1) precludes a court from granting a prevailing plaintiff
274274 6 equitable relief;
275275 7 (2) requires a state educational institution to use formal rules
276276 8 of evidence in disciplinary proceedings; or
277277 9 (3) creates a right for a student or student organization to be
278278 10 represented:
279279 11 (A) by a licensed attorney or nonattorney advocate for any
280280 12 allegation of academic dishonesty, as defined by the state
281281 13 educational institution; or
282282 14 (B) except for section 4(b)(5) of this chapter, at public or a
283283 15 state educational institution's expense.
284284 2023 IN 1479—LS 6867/DI 110