The Arkansas Student Due Process and Protection Act aims to enhance procedural protections for students involved in disciplinary proceedings at public higher education institutions. The bill repeals the existing Arkansas Code 6-60-109, which previously allowed students the right to counsel during disciplinary appeals, and introduces a new framework that guarantees specific rights for students accused of serious nonacademic violations. Key provisions include the right to representation by an attorney or non-attorney advocate, the presumption of innocence, and the opportunity for a live hearing where students can present evidence and cross-examine witnesses. Additionally, institutions are required to maintain an administrative file of all disciplinary proceedings, ensuring transparency and fairness throughout the process.

The bill also establishes several rights and procedures for students during disciplinary hearings, such as access to their administrative file and the ability to review evidence prior to the hearing. It mandates notification of appeal procedures to both the complainant and the accused, while also ensuring the confidentiality of certain evidence. The act allows for interim measures to support both parties, including emergency removal of students when necessary, and provides a cause of action for students whose rights have been violated, enabling them to seek compensatory damages and attorney's fees. A one-year statute of limitations for filing claims related to violations is also established, starting from the date the student receives final notice of discipline.

Statutes affected:
Old version SB365 Original - 3-6-2023 01:22 PM: 6-60-109
Old version SB365 V2 - 3-9-2023 01:16 PM: 6-60-109, 03-09-2023
SB 365: 6-60-109, 03-09-2023
Act 470: 6-60-109, 03-09-2023