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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2073 By: Caldwell (Chad)
AS INTRODUCED
An Act relating to higher education; enacting the
Student and Administration Equality Act ; defining
terms; directing institutions to maintain
administrative file; requiring inclusion of certain
content in the code of student conduct; requiring
written notice of righ ts; granting opportunity to
appeal decisions in cert ain situations; requiring
reasonable access to administrative file; prohibiting
commingling of administrative or adjudicative roles;
stipulating no right to an attorney for academic
dishonesty; stipulating no right to be represented at
public expense; directing that the code of student
conduct shall include certain rights to accusers in
disciplinary proceedings; providing appeals
proceedings; clarifying reasonable interim measures
that the university may reasonably carry out ;
creating a right of actio n; creating a statute of
limitations; 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 section of law to be codified
in the Oklahoma Statutes as Section 3260 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".
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SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statute s as Section 3261 of Title 70, unless there
is created a duplication in numbering, reads as follows:
As used in this act:
1. "Disciplinary proceeding" means an investigatory interview
or hearing or any other proceeding conducted by the public
institution of higher education relating to the alleged violation
that the student or student organization reasonably believes may
result in disciplinary action against the student or student
organization;
2. "Fully participate" means the opportunity to be present,
make opening and closing statements, examine and cross-examine
witnesses, and provide the accuser or accused student or student
organization with support, guidance, and advice. This act does not
require a public institution of higher education to use formal rules
of evidence in disciplinary proceedings. The institution, however,
shall make good-faith efforts to include re levant evidence and
exclude evidence that is neither relevant nor probative ; and
3. "Public institutions of higher education" or "institutions"
means any institution supported wholly or in part by direct
legislative appropriations and offering courses of education of any
kind beyond or in addition to the twelfth grade, or its equivalent,
as such grade is generally understood and accepted i n the public
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school system of Oklahoma, whethe r called a university, college,
junior college, school , or academy.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3262 of Title 70, unless there
is created a duplication in numbering, read s as follows:
A. The public institution of higher education shall maintain an
administrative file of all disciplinary proceedings. The file shall
include all documents and evidence in the institution 's possession
or control relevant to the alleged violation an d the institution's
investigation, including but not limited to exculpatory evidence,
statements by the accuser and accused student, third -party witness
statements, electronically stored information, wri tten
communications, social media posts, demonstrativ e evidence,
documents submitted by any participant, and the institution 's choice
of a video recording, audio recording, or transcript of any
disciplinary hearing ultimately held in the matter. The file shall
not include privileged documents or internal me morandums that the
institution does not intend to introduce as evidence at any hearing
on the matter.
B. The code of student conduct at each public institution of
higher education shall include the foll owing disciplinary righ ts and
proceedings for a student enrolled at a public institution of higher
education who is accused of violating the nonacademic disciplinary
or conduct rules that carry a potential penalty of a suspension of
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ten (10) or more days or expulsion and a stude nt organization
officially recognized by a public institution of hi gher education
that is accused of a violation that is punishable by suspension or
removal of the student organization from the institution :
1. The right to be repres ented at the student 's or the student
organization's expense by an attorney or, if the stud ent or student
organization prefers, by a nonattorney advocate, who in either case
may fully participate during the disciplinary proceeding or other
proceeding adopted and used by the public institution of higher
education except as provided under subsection C of this section.
The right of the student or the student organization to be
represented, at the student 's or the student organization's expense,
by the student's or the student organ ization's choice of either an
attorney or a nonattorney advocate, also applies until the
conclusion of any campus appellate process ;
2. The express presumption of innocence and that the accused
student or the student organization ma y not be deemed guilty of the
violation until the accused student or the student organization
formally acknowledges responsibility or the conclusion of a hearing
in which the institution has established every element of the
alleged violation;
3. The right to a live hearing and the right to:
a. be present at a hearing,
b. make an opening and closing statement,
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c. present relevant evidence, and
d. cross-examine adverse witnesses through counsel or, at
the student or student organization 's sole discretion,
a nonattorney advocate. If the student or student
organization does not have counsel or a nonattorney
advocate to conduct the cross-examination, the
institution shall either appoint one to perform this
function or provide an alternative method for
conducting meaningful cross-examination;
4. Before the disciplinary proceeding is sch eduled, and at
least two (2) business days before a student or a studen t
organization may be questioned by a public institution of higher
education or by an agent of the instituti on of higher education
about allegations of violations, the university must advise the
student or student organization of their rights under this act in
writing;
5. Any student or student organization that is found to be in
violation of the institution's nonacademic or conduct rules shall be
afforded an opportunity to appeal the institution's initial decision
to an appellate entity that is an institutional employee or body
that did not make the initial decision. Such an appeal shall be
filed within ninety (90) days after receiving final notice of the
institution's decision. The institution may designate the appellate
entity as the final institutional authority on the matter. Nothing
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in this act shall preclude a court from granting a prevailing
plaintiff equitable relief;
6. Reasonable continuing access to the admin istrative file and
the ability to make copies of all e vidence or documents in the file
beginning at least seven (7) business days prior to any disciplinary
hearing, or sooner if otherwise specified under federal law, except
that individual portions of the administrative file shall be
redacted if disclosure of the evidence is required by law; and
7. The disciplinary proceedings are carr ied out free from
conflicts of interest by ensuring that the re is no commingling of
administrative or adjudicative roles. For the purposes of this
paragraph, an institution shall be considered to be commingling such
roles if any individual carries out more than one of the following
roles with respect to the procee ding:
a. advocate or counselor for a complaining or accused
student,
b. investigator,
c. institutional prosecutor,
d. adjudicator, or
e. appellate adjudicator.
C. A student shall not have the right under this act to be
represented by a licensed attorney or nonattorney advocate for any
allegation of academic dishonesty as defined by the public
institution of higher education.
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D. This act does not create a right of a stu dent or student
organization to be represented at public expense.
E. The code of student conduct at each publi c institution of
higher education shall in clude the right of the accuser in
disciplinary proceedings subject to subsection B of this section,
that arise from a complaint by a student against another student:
1. To be represented at his or her own expense by a licensed
attorney or, if the complaining student prefers, a nonattorney
advocate, who may ful ly participate during the disciplinary
proceeding or other proceeding adopted by the institution. The
right of the accuser to be repre sented, at the accuser's expense, by
the student's or the student org anization's choice of either an
attorney or a nonattorney advocate, also applies until the
conclusion of any campus appellate process ; and
2. To have reasonable continuing access to the administrative
file and the ability to make copies of all evidence or documents in
the file beginning at least seven (7) business days prior to any
disciplinary hearing, or sooner if otherwise specified under federal
law, except that individual portions of the administrative fil e
shall be redacted if disclosure of the evide nce is required by law.
F. Where required by federal law , the right to appeal shall be
extended to a student accuser. In these cases, the student accuser
and the accused student shall b e provided simultaneous notification
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of the institution's proceedings to appeal the result of the
disciplinary proceeding.
G. Nothing in this act shall be interpreted to impair an
institution's ability to take reasonable interim measures necessary
to ensure the physical safety of members of the campus community
during a timely investigation and adjudic ation of a student
disciplinary issue, including but not limited to the ability to make
adjustments in student housing arrangements, impose conditions of no
contact between the acc used student and the accuser, temporarily
suspend a student, or ban a studen t from campus. Such reasonable
interim measures shall require:
1. Within twenty-four (24) hours, written notice to the accused
student of the interim measures that explains the i nstitution's
reasons for enacting the interim measures;
2. Within three (3) business days of the written notice, unless
otherwise waived by the accused student, an interim measure hearing
to determine whether there is substantial evidence that the accused
student poses a risk to the physical safety of a member of the
campus community and that the interim meas ure is appropriate to
mitigate that risk; and
3. At the interim measure hearing, the accuser and the accused
student shall have the right to be repre sented by an attorney or
nonattorney advocate, who may fully participate in t he interim
measure hearing. An accused student's waiver of the right to an
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interim measure hearing shall not constitute an admission of guilt
or a waiver of any additional rights afforded under this act.
SECTION 4. NEW LAW A new se ction of law to be codified
in the Oklahoma Statutes as Section 3263 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 acti on in any state court of
competent jurisdiction or may bring an action under this act in
federal court.
B. In an action brought under this act, if the state court
finds a violation of this act, the court shall award the aggri eved
person or student organiz ation 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 public institution of higher
education for the semester dur ing 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 campu s discipline, and
any other relief in equity or law as deemed appropriate i ncluding,
but not limited to, a de novo rehearing at the public institution of
higher education, in accordance with this act.
SECTION 5. NEW LAW A new sectio n of law to be codified
in the Oklahoma Statutes as Section 3264 of Title 70, unless there
is created a duplicat ion in numbering, reads as fol lows:
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A person or student organization must bring suit for violation
of this act not later than one (1) year after the day the cause of
action accrues. For purposes of calculating the one-year limitation
period, the cause of acti on shall be deemed accrued on t he date that
the student or student organization receives final notice of
discipline from the public institution of higher education .
SECTION 6. This act shall become effective November 1, 2023.
59-1-7055 MJ 01/04/23