Introduced Version
HOUSE BILL No. 1479
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 21-39-9.
Synopsis: Student disciplinary proceedings. Requires a state
educational institution to: (1) maintain administrative files on
disciplinary proceedings that include certain information; (2) record a
disciplinary hearing by video recording, audio recording, or written
transcript; (3) include certain disciplinary rights and procedures in the
state educational institution's code of conduct; and (4) make a good
faith effort in disciplinary proceedings to include relevant evidence and
exclude evidence that is not relevant or probative. Provides that a
student or student organization injured by a violation of these
provisions may bring a civil action against the state educational
institution.
Effective: July 1, 2023.
Teshka, Jeter
January 17, 2023, read first time and referred to Committee on Education.
2023 IN 1479—LS 6867/DI 110 Introduced
First Regular Session of the 123rd General Assembly (2023)
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HOUSE BILL No. 1479
A BILL FOR AN ACT to amend the Indiana Code concerning
higher education.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 21-39-9 IS ADDED TO THE INDIANA CODE AS
2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2023]:
4 Chapter 9. Student and Administration Equality
5 Sec. 1. As used in this chapter, “disciplinary proceeding" means:
6 (1) an investigatory interview or hearing; or
7 (2) any other procedure;
8 conducted by a state educational institution relating to the alleged
9 violation that a student or student organization reasonably believes
10 may result in disciplinary action against the student or student
11 organization.
12 Sec. 2. As used in this chapter, "fully participate" means the
13 opportunity to:
14 (1) be present;
15 (2) make opening and closing statements;
16 (3) examine and cross-examine witnesses; and
17 (4) provide the alleged victim or accused student or student
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1 organization with support, guidance, and advice.
2 Sec. 3. (a) A state educational institution shall maintain an
3 administrative file of all disciplinary proceedings. The file shall
4 include all documents and evidence in the state educational
5 institution's possession or control that are relevant to the
6 disciplinary proceeding and the state educational institution's
7 investigation, including:
8 (1) exculpatory evidence;
9 (2) statements by the alleged victim and accused student or
10 student organization;
11 (3) third party witness statements;
12 (4) electronically stored information;
13 (5) written communications;
14 (6) social media posts;
15 (7) demonstrative evidence;
16 (8) documents submitted by any participant; and
17 (9) a video recording, audio recording, or transcript of any
18 disciplinary hearing held concerning the alleged violation.
19 (b) The file under subsection (a) may not include privileged
20 documents or internal memoranda that the state educational
21 institution does not intend to introduce as evidence at any hearing
22 regarding the disciplinary proceeding.
23 (c) The state educational institution shall record a disciplinary
24 proceeding by video recording, audio recording, or written
25 transcript.
26 Sec. 4. (a) Each state educational institution shall include in the
27 state educational institution's code of conduct the disciplinary
28 rights and procedures described in subsection (b) and section 5 of
29 this chapter that involve:
30 (1) a student enrolled in the state educational institution who
31 is accused of violating the nonacademic disciplinary or
32 conduct rules of the state educational institution that carry a
33 potential penalty of:
34 (A) a suspension of at least ten (10) days; or
35 (B) an expulsion;
36 (2) a student organization officially recognized by a state
37 educational institution that is accused of a violation that is
38 punishable by suspension or removal of the student
39 organization from the state educational institution; and
40 (3) an alleged victim of a violation described in subdivision (1)
41 or (2).
42 (b) The disciplinary rights and procedures under subsection (a)
2023 IN 1479—LS 6867/DI 110 3
1 must include the following:
2 (1) That the student or student organization described in
3 subsection (a) has the right to be represented, at the student's
4 or student organization's expense, by the student's or student
5 organization's choice of either an attorney or a nonattorney
6 advocate, who may fully participate during any disciplinary
7 proceeding or any other procedure adopted and used by the
8 state educational institution, including any state educational
9 institution appellate process, until the conclusion of the
10 disciplinary proceeding.
11 (2) That the student or student organization is presumed
12 innocent.
13 (3) That the state educational institution bears the burden of
14 proving every element of an alleged violation, and that an
15 accused student or student organization is not guilty of a
16 violation unless:
17 (A) the student or student organization admits to the
18 violation; or
19 (B) a hearing officer finds that the state educational
20 institution has proven every element of the violation.
21 (4) That the student or student organization has the right to:
22 (A) a live hearing;
23 (B) be present at the hearing;
24 (C) make an opening and closing statement at the hearing;
25 (D) present relevant evidence at the hearing; and
26 (E) cross-examine adverse witnesses through an attorney
27 or, at the student's or student organization's sole
28 discretion, a nonattorney advocate.
29 (5) If the student or student organization does not have an
30 attorney or a nonattorney advocate to conduct the
31 cross-examination as described in subdivision (4), the state
32 educational institution shall, at no expense to the student or
33 student organization, do one (1) of the following:
34 (A) Appoint an attorney or nonattorney advocate to
35 cross-examine an adverse witness.
36 (B) Provide an alternative method for conducting a
37 meaningful cross-examination.
38 (6) That the state educational institution shall provide
39 information in writing to the student or student organization
40 regarding the student's or student organization's rights under
41 this chapter:
42 (A) before an initial disciplinary hearing is scheduled; and
2023 IN 1479—LS 6867/DI 110 4
1 (B) at least two (2) business days before a state educational
2 institution questions the student or a student organization
3 about an alleged violation described in subsection (a).
4 (7) That any student or student organization has a right to
5 appeal to an appellate hearing officer or body of the state
6 educational institution a finding of a violation of the state
7 educational institution's code of conduct.
8 (8) That an appeal must be filed not later than ninety (90)
9 days after the date that the student or student organization
10 receives a final notice of the state educational institution's
11 decision.
12 (9) That the accused student or student organization, or the
13 attorney or nonattorney advocate for the student or student
14 organization, has reasonable continuing access to the
15 administrative file and the ability to make copies of all
16 evidence or documents in the file beginning at least seven (7)
17 business days before the date of any disciplinary hearing, or
18 earlier if otherwise required by federal law, except that
19 individual portions of the administrative file will be redacted
20 if disclosure of the evidence is prohibited by law.
21 (10) That the disciplinary proceedings will be carried out in
22 a manner that is free from conflicts of interest by ensuring
23 that administrative and adjudicative roles are not
24 commingled.
25 (11) That a state educational institution is considered to be
26 commingling roles in violation of subdivision (10) if any
27 individual carries out more than one (1) of the following roles
28 with respect to the disciplinary proceeding regarding a
29 student or student organization:
30 (A) Attorney or nonattorney advocate for the alleged
31 victim.
32 (B) Attorney or nonattorney advocate for the accused
33 student or student organization.
34 (C) Investigator.
35 (D) State educational institution prosecutor.
36 (E) Hearing officer.
37 (F) Appellate hearing officer or body.
38 (c) A state educational institution may designate an appellate
39 hearing officer or body as the final state educational institution
40 authority for a disciplinary proceeding.
41 Sec. 5. Each state educational institution's disciplinary rights
42 and procedures must include the following for violations described
2023 IN 1479—LS 6867/DI 110 5
1 in section 4(a) of this chapter in which a student submits a
2 complaint against a student or student organization:
3 (1) That the alleged victim of a violation described in section
4 4(a) of this chapter has the right to be represented, at the
5 alleged victim's expense, by the alleged victim's choice of
6 either an attorney or a nonattorney advocate, who may fully
7 participate during any disciplinary proceeding or any other
8 procedure adopted and used by the state educational
9 institution, including any appellate process of the state
10 educational institution until the conclusion of the proceeding.
11 (2) That the alleged victim and the alleged victim's attorney
12 or nonattorney advocate has reasonable continuing access to
13 the administrative file and the ability to make copies of all
14 evidence or documents in the file beginning at least seven (7)
15 business days before the date of any disciplinary hearing, or
16 earlier if otherwise required by federal law, except that
17 individual portions of the administrative file shall be redacted
18 if disclosure of the evidence is prohibited by law.
19 Sec. 6. If required by federal law, the right to appeal shall be
20 extended to an alleged victim. If an alleged victim appeals, the
21 alleged victim and the accused student or student organization of
22 the alleged violation described in section 4(a) of this chapter must
23 be provided simultaneous notification of the state educational
24 institution's procedures to appeal the result of the disciplinary
25 proceeding.
26 Sec. 7. The state educational institution shall make a good faith
27 effort in disciplinary proceedings to include relevant evidence and
28 exclude evidence that is not relevant or probative.
29 Sec. 8. (a) Nothing in this chapter may be considered to impair
30 a state educational institution's ability to take reasonable interim
31 measures necessary to ensure the physical safety of members of the
32 campus community during a timely investigation and adjudication
33 of a student or student organization disciplinary proceeding,
34 including the ability to:
35 (1) make adjustments in student housing arrangements;
36 (2) impose conditions of no contact between the student or
37 student organization and the alleged victim;
38 (3) temporarily suspend a student; or
39 (4) ban a student from campus.
40 (b) If a state educational institution takes reasonable interim
41 measures as described in subsection (a), the state educational
42 institution shall do the following:
2023 IN 1479—LS 6867/DI 110 6
1 (1) Provide, not later than twenty-four (24) hours after
2 deciding to take the measures, written notice to the student or
3 student organization of the interim measures that explains the
4 state educational institution's reasons for enacting the interim
5 measures.
6 (2) Unless otherwise waived by the student or student
7 organization, hold an interim measures hearing not later than
8 three (3) business days after the date the state educational
9 institution decides to take the interim measures to determine
10 whether:
11 (A) there is substantial evidence that the student or student
12 organization poses a risk to the physical safety of a
13 member of the campus community; and
14 (B) the interim measures are appropriate to mitigate the
15 risk.
16 (c) At the interim measures hearing under subsection (b)(2), the
17 student or student organization and the alleged victim have the
18 right to be represented by an attorney or nonattorney advocate
19 who may fully participate in the interim measures hearing.
20 (d) A student's or student organization's waiver of the right to
21 an interim measures hearing does not constitute an admission of
22 guilt or a waiver of any additional rights provided under this
23 chapter.
24 Sec. 9. (a) A student or student organization injured by a
25 violation of a right or requirement established under this chapter
26 may bring a civil action against the state educational institution.
27 (b) The court may award the following to a student or student
28 organization that prevails in a civil action under this section:
29 (1) Compensatory damages.
30 (2) Court costs and reasonable costs of litigation, including
31 attorney's fees.
32 (3) Equitable relief.
33 (c) Compensatory damages under subsection (b)(1) must include
34 damages for:
35 (1) costs of tuition paid by a student or on the student's behalf
36 for the semester during which the violation described in
37 subsection (a) occurred; and
38 (2) the amount of any scholarship funding lost as a result of
39 any discipline by the state educational institution.
40 (d) Any other relief, including a de novo rehearing by the state
41 educational institution.
42 Sec. 10. An action under section 9 of this chapter must be
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1 brought not later than one (1) year after the date that the student
2 or student organization received a final notice of a disciplinary
3 decision by the state educational institution.
4 Sec. 11. Nothing in this chapter:
5 (1) precludes a court from granting a prevailing plaintiff
6 equitable relief;
7 (2) requires a state educational institution to use formal rules
8 of evidence in disciplinary proceedings; or
9 (3) creates a right for a student or student organization to be
10 represented:
11 (A) by a licensed attorney or nonattorney advocate for any
12 allegation of academic dishonesty, as defined by the state
13 educational institution; or
14 (B) except for section 4(b)(5) of this chapter, at public or a
15 state educational institution's expense.
2023 IN 1479—LS 6867/DI 110