Montana House Bill HB950

Montana 2023 Regular Session

• Introduced: 3/27/23
• Refer: 3/28/23
• Engrossed: 4/4/23
• Refer: 4/5/23
• Failed: 5/8/23

Caption

Establish the Student and Administration Equality Act

Impact

The enactment of HB 950 would have a significant impact on state laws concerning the rights of students in disciplinary actions. Institutions would now be required to adhere to specific procedural standards, ensuring that disciplinary processes are fair and transparent. The inclusion of provisions for students to appeal disciplinary decisions and access to their administrative files aims to empower students and facilitate a more equitable system. Additionally, the legislation appropriates funds to assist in the implementation and notification of these requirements to relevant institutions, indicating a commitment to upholding student rights across the state.

Summary

House Bill 950, titled the 'Student and Administration Equality Act,' aims to enhance procedural protections and rights for students in disciplinary proceedings at public postsecondary institutions in Montana. The bill emphasizes the importance of safeguarding students' rights during such proceedings, mandating the establishment of an administrative file that includes all relevant evidence and allowing students the right to representation. Notably, it establishes a presumption of innocence for accused students until proven guilty, thus reinforcing due process principles within the student disciplinary framework.

Contention

Despite its intentions, HB 950 has been met with some contention. Supporters argue that the bill is a necessary step toward ensuring fairness and accountability in disciplinary actions, particularly in light of concerns over unjust or inadequately conducted investigations. Critics, however, may raise concerns about the potential burden on institutions to comply with the new requirements and the implications for maintaining campus safety and order. The debate around this bill underscores the balance between protecting individual student rights and the responsibilities of educational institutions to manage discipline effectively.