Relative to establishing certain due process rights for students, student organizations, and faculty members facing disciplinary actions by state institutions of higher learning.
The legislation aims to enhance the legal protections for individuals in disciplinary proceedings, ensuring that state universities and colleges afford due process similar to that found in legal court settings. This includes rights such as being presumed innocent until proven otherwise and the right to call witnesses in their defense. Institutions are required to suspend disciplinary proceedings when criminal charges are pending against a student, ensuring that neither process interferes with the other, although this provision has raised concerns about the potential conflict with federal regulations regarding timely responses to alleged violations.
House Bill 1288-FN seeks to establish certain due process rights for students, student organizations, and faculty members facing disciplinary actions from public institutions of higher education in New Hampshire. The bill outlines specific rights that individuals must be afforded during disciplinary proceedings, including the right to receive written notice of allegations, the right to a hearing, and the right to present a defense. Additionally, the bill stipulates that findings from institutional disciplinary proceedings should not be admissible in court if there are concurrent criminal allegations against the student involved.
Supporters of the bill argue that providing these rights is essential to uphold fairness within college disciplinary systems, while opponents highlight concerns that delaying institutional proceedings could lead to unsafe environments on campuses and potentially conflicts with federal law obligations under Title IX. Additionally, there are financial implications connected to the implementation of such rights, with estimated costs to the University System of New Hampshire exceeding $500,000 per year in increased operational expenses associated with these changes. This includes costs for additional staffing and administrative processes required to manage the new due process requirements.