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28	28	STATE OF OKLAHOMA
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30	30	2nd Session of the 58th Legislature (2022)
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32	32	HOUSE BILL 3542 By: Caldwell (Chad)
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38	38	AS INTRODUCED
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40	40	An Act relating to higher education; enacting the
41	41	Student and Administration Equ ality Act; defining
42	42	terms; mandating procedural protections for students
43	43	and student organizations in university disciplinary
44	44	proceedings; creating a cause of action for violation
45	45	of rights of students and student organizations under
46	46	this act; limiting the time in which suits under this
47	47	act may be brought; providing for codification; and
48	48	providing an effective date .
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56	56	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
57	57	SECTION 1. NEW LAW A new sect ion of law to be codif ied
58	58	in the Oklahoma Statutes as Section 3150.1 of Title 70, unless there
59	59	is created a duplication in numbering, reads as follows:
60	60	This act shall be known and may be cited as the "Student and
61	61	Administration Equality Act ".
62	62	SECTION 2. NEW LAW A new section of law to be codified
63	63	in the Oklahoma Statutes as Section 3150.2 of Title 70, unless there
64	64	is created a duplication in numbering, reads as follows:
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91	91	As used in this act, unless the context otherwise requires, the
92	92	term "institutions of higher education" or "institution" means those
93	93	institutions defined in Section 3102 of Title 70 of the Oklahoma
94	94	Statutes.
95	95	SECTION 3. NEW LAW A new section of law to be codified
96	96	in the Oklahoma Statutes as Section 3150.3 of Title 70, unless there
97	97	is created a duplication in number ing, reads as follows:
98	98	A. A student enrolled at an institution of higher education who
99	99	is accused of a violation of the disciplinary or conduct rules that
100	100	carries a potential penalty of a suspension of fifteen (15) or more
101	101	days or expulsion shall have th e right to be represented at the
102	102	student's expense by a licensed attorney or, if the student prefers,
103	103	a nonattorney advocate, who in either case may fully participate
104	104	during the disciplinar y procedure or other procedure adopted and
105	105	used by the state-supported institution of higher education except
106	106	as provided under this act. When disciplinary proceedings subject
107	107	to this section arise from a complaint by a student against another
108	108	student, the complainant shall also have the right to be represented
109	109	at his or her own expense by a licensed attorney or, if the
110	110	complaining student prefers, a nonattorney advocate.
111	111	B. For purposes of this section, "fully participate" includes
112	112	the opportunity to make opening and closing statements, to examine
113	113	and cross-examine witnesses, and to provide the accuser or accused
114	114	with support, guidance, and advice. This section does not require
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141	141	an institution of higher education to use formal rules of evidence
142	142	in disciplinary proceedings . The institution, however, shall make
143	143	good-faith efforts to include relevant evidence and exclude evidence
144	144	that is neither relevant nor probative.
145	145	C. Before the disciplinary proceeding is scheduled and at least
146	146	two (2) business days before a student may be questioned by an
147	147	institution of higher educatio n or by an agent of the institution of
148	148	higher education about allegations of violations of the
149	149	institution's disciplinary or conduct rules, where the charges are
150	150	punishable by a suspension of fifteen (15) or more days or
151	151	expulsion, the university must advi se the student in writing of his
152	152	or her rights under this act.
153	153	D. A student shall not have the right under this section to be
154	154	represented by a licensed attorney or nonattorney adv ocate for any
155	155	allegation of academic dishonesty as defined by the state-supported
156	156	institution of higher education.
157	157	E. A student organization that is officially recognized by an
158	158	institution of higher education and is accused of a violation of
159	159	disciplinary or conduct rules sha ll have the right to be
160	160	represented, at the student orga nization's expense, by a licensed
161	161	attorney or, if the student organization prefers, a nonattorney
162	162	advocate, who in either case may fully participate during the
163	163	disciplinary procedure or other procedur e adopted and used by the
164	164	institution of higher educatio n.
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191	191	F. For purposes of this section, "disciplinary proceeding "
192	192	includes an investigatory interview or hearing, or any other
193	193	procedure conducted by the institution of higher education relating
194	194	to the alleged violation that the student or student organizatio n
195	195	reasonably believes may result in disciplinary action against the
196	196	student or organization.
197	197	G. The right of the student or the student organization under
198	198	subsection A or E of this section to be represented, at the
199	199	student's or the student organization 's expense, by the student 's or
200	200	the student organization's choice of either an attorney or a
201	201	nonattorney advocate also applies until the conclusion of any campus
202	202	appellate process.
203	203	H. This act does not create a right for the student or student
204	204	organization to be represented at public expense.
205	205	I. The institution shall ensure that all parties to the
206	206	proceeding, including the accused student, the accused student
207	207	organization, and, if applicable, the accusing student, have access
208	208	to all material evidence, includ ing both inculpatory and exculpatory
209	209	evidence, not later than one (1) week prior to the start of any
210	210	formal hearing or similar adjudicatory proceeding. Such evidence
211	211	may include but is not limi ted to complainant statements, third-
212	212	party witness statements, electronically stored information, written
213	213	communications, social media posts, and demonstrative evidence.
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240	240	J. The institution shall ensure that the proceeding is carried
241	241	out free from conflict s of interest by ensuring that there are no
242	242	commingling of administrative or adjudicative roles. For purposes
243	243	of this subsection, an institution shall be considered to commingle
244	244	such roles if any individual carries out more than one of the
245	245	following roles with respect to the proceeding:
246	246	1. Victim counselor and vict im advocate;
247	247	2. Investigator;
248	248	3. Institutional prosecutor ;
249	249	4. Adjudicator; or
250	250	5. Appellate adjudicator.
251	251	K. This section does not affect the obligation of an
252	252	institution to provide equivalent rights to a student who is the
253	253	accuser or victim in the disciplinary proceeding under this section,
254	254	including equivalent opportunities to have others present and fully
255	255	participating during any institutional disciplinary proceeding, to
256	256	not limit the choice of attorney or nonattorney advocate in any
257	257	meeting or institutional disciplinary proceeding, and to provide
258	258	simultaneous notification of the institution 's procedures for the
259	259	accused and the accuser or victim to appeal the result of the
260	260	institutional disciplinary proceeding.
261	261	L. Nothing in this act shall be deemed to prevent the temporary
262	262	suspension of a student pending an investigation.
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289	289	SECTION 4. NEW LAW A new section of law to be codified
290	290	in the Oklahoma Statutes as Section 3150.4 of Title 70, unless there
291	291	is created a duplication in numbering, reads as follows:
292	292	A. Any student or student organization whose rights under this
293	293	act have been violated may bring an action in any state court of
294	294	competent jurisdiction.
295	295	B. In an action brought under this act, if the state court
296	296	finds a violation of this act, the court shall award the aggrieved
297	297	person or student organization compensatory damages, reasonable
298	298	court costs, and attorney fees, including expert fees, monetary
299	299	damages of not less than the cost of tuition paid by the student or
300	300	on the student's behalf to the institution of higher education for
301	301	the semester during which the violation of the act occurred, plus
302	302	monetary damages of not less than the amount of any scholarship
303	303	funding lost as a result of the campus discipline, and any other
304	304	relief in equity or law as deemed appropriate including, but not
305	305	limited to, a de novo rehearing at the institution of higher
306	306	education, in accordance with this section.
307	307	SECTION 5. NEW LAW A new section of law to be codified
308	308	in the Oklahoma Statutes as Section 3150.5 of Title 70, unless there
309	309	is created a duplication in numbering, reads as follows:
310	310	A person or student organization must bring suit for violation
311	311	of this act not later than two (2) years after the day the cause of
312	312	action accrues. For purposes of calculating the two -year limitation
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339	339	period, the cause of action shall be deemed accrued on the date the
340	340	student or student organization receives final notice of discipline
341	341	from the institution of higher education.
342	342	SECTION 6. This act shall become effective November 1, 2022.
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344	344	58-2-9809 MJ 12/30/21

Oklahoma 2022 Regular Session

Oklahoma House Bill HB3542 Compare Versions