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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 3542 By: Caldwell (Chad)
AS INTRODUCED
An Act relating to higher education; enacting the
Student and Administration Equ ality Act; defining
terms; mandating procedural protections for students
and student organizations in university disciplinary
proceedings; creating a cause of action for violation
of rights of students and student organizations under
this act; limiting the time in which suits under this
act may be brought; providing for codification; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new sect ion of law to be codif ied
in the Oklahoma Statutes as Section 3150.1 of Title 70, unless there
is created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the "Student and
Administration Equality Act ".
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3150.2 of Title 70, unless there
is created a duplication in numbering, reads as follows:
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As used in this act, unless the context otherwise requires, the
term "institutions of higher education" or "institution" means those
institutions defined in Section 3102 of Title 70 of the Oklahoma
Statutes.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3150.3 of Title 70, unless there
is created a duplication in number ing, reads as follows:
A. A student enrolled at an institution of higher education who
is accused of a violation of the disciplinary or conduct rules that
carries a potential penalty of a suspension of fifteen (15) or more
days or expulsion shall have th e right to be represented at the
student's expense by a licensed attorney or, if the student prefers,
a nonattorney advocate, who in either case may fully participate
during the disciplinar y procedure or other procedure adopted and
used by the state-supported institution of higher education except
as provided under this act. When disciplinary proceedings subject
to this section arise from a complaint by a student against another
student, the complainant shall also have the right to be represented
at his or her own expense by a licensed attorney or, if the
complaining student prefers, a nonattorney advocate.
B. For purposes of this section, "fully participate" includes
the opportunity to make opening and closing statements, to examine
and cross-examine witnesses, and to provide the accuser or accused
with support, guidance, and advice. This section does not require
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an institution of higher education to use formal rules of evidence
in disciplinary proceedings . The institution, however, shall make
good-faith efforts to include relevant evidence and exclude evidence
that is neither relevant nor probative.
C. Before the disciplinary proceeding is scheduled and at least
two (2) business days before a student may be questioned by an
institution of higher educatio n or by an agent of the institution of
higher education about allegations of violations of the
institution's disciplinary or conduct rules, where the charges are
punishable by a suspension of fifteen (15) or more days or
expulsion, the university must advi se the student in writing of his
or her rights under this act.
D. A student shall not have the right under this section to be
represented by a licensed attorney or nonattorney adv ocate for any
allegation of academic dishonesty as defined by the state-supported
institution of higher education.
E. A student organization that is officially recognized by an
institution of higher education and is accused of a violation of
disciplinary or conduct rules sha ll have the right to be
represented, at the student orga nization's expense, by a licensed
attorney or, if the student organization prefers, a nonattorney
advocate, who in either case may fully participate during the
disciplinary procedure or other procedur e adopted and used by the
institution of higher educatio n.
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F. For purposes of this section, "disciplinary proceeding "
includes an investigatory interview or hearing, or any other
procedure conducted by the institution of higher education relating
to the alleged violation that the student or student organizatio n
reasonably believes may result in disciplinary action against the
student or organization.
G. The right of the student or the student organization under
subsection A or E of this section to be represented, at the
student's or the student organization 's expense, by the student 's or
the student organization's choice of either an attorney or a
nonattorney advocate also applies until the conclusion of any campus
appellate process.
H. This act does not create a right for the student or student
organization to be represented at public expense.
I. The institution shall ensure that all parties to the
proceeding, including the accused student, the accused student
organization, and, if applicable, the accusing student, have access
to all material evidence, includ ing both inculpatory and exculpatory
evidence, not later than one (1) week prior to the start of any
formal hearing or similar adjudicatory proceeding. Such evidence
may include but is not limi ted to complainant statements, third-
party witness statements, electronically stored information, written
communications, social media posts, and demonstrative evidence.
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J. The institution shall ensure that the proceeding is carried
out free from conflict s of interest by ensuring that there are no
commingling of administrative or adjudicative roles. For purposes
of this subsection, an institution shall be considered to commingle
such roles if any individual carries out more than one of the
following roles with respect to the proceeding:
1. Victim counselor and vict im advocate;
2. Investigator;
3. Institutional prosecutor ;
4. Adjudicator; or
5. Appellate adjudicator.
K. This section does not affect the obligation of an
institution to provide equivalent rights to a student who is the
accuser or victim in the disciplinary proceeding under this section,
including equivalent opportunities to have others present and fully
participating during any institutional disciplinary proceeding, to
not limit the choice of attorney or nonattorney advocate in any
meeting or institutional disciplinary proceeding, and to provide
simultaneous notification of the institution 's procedures for the
accused and the accuser or victim to appeal the result of the
institutional disciplinary proceeding.
L. Nothing in this act shall be deemed to prevent the temporary
suspension of a student pending an investigation.
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SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3150.4 of Title 70, unless there
is created a duplication in numbering, reads as follows:
A. Any student or student organization whose rights under this
act have been violated may bring an action in any state court of
competent jurisdiction.
B. In an action brought under this act, if the state court
finds a violation of this act, the court shall award the aggrieved
person or student organization compensatory damages, reasonable
court costs, and attorney fees, including expert fees, monetary
damages of not less than the cost of tuition paid by the student or
on the student's behalf to the institution of higher education for
the semester during which the violation of the act occurred, plus
monetary damages of not less than the amount of any scholarship
funding lost as a result of the campus discipline, and any other
relief in equity or law as deemed appropriate including, but not
limited to, a de novo rehearing at the institution of higher
education, in accordance with this section.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3150.5 of Title 70, unless there
is created a duplication in numbering, reads as follows:
A person or student organization must bring suit for violation
of this act not later than two (2) years after the day the cause of
action accrues. For purposes of calculating the two -year limitation
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period, the cause of action shall be deemed accrued on the date the
student or student organization receives final notice of discipline
from the institution of higher education.
SECTION 6. This act shall become effective November 1, 2022.
58-2-9809 MJ 12/30/21