RÉSUMÉ DIGEST
ACT 464 (HB 364) 2022 Regular Session McKnight
New law requires public postsecondary education management boards and institutions to
establish policies relative to the procedure for students or student organizations being
charged with non-academic offenses to use an attorney or non-attorney advocate in their
defense at disciplinary proceedings and appeal hearings. Requires policies to be incorporated
into student handbooks or codes of conduct.
Such a policy shall apply to a student or student organization being accused of violating a
non-academic rule or policy and shall include:
(1) Requirements for notice of a charge being brought against a student or student
organization.
(2) The opportunity for a student or student organization to appeal a decision that it was
in violation of a non-academic policy or rule within 10 days of the decision.
(3) The alleged victim having an opportunity to be represented by an attorney or non-
attorney advocate.
Relative to student violations punishable by suspension of 10 or more days, deferred
suspension, or expulsion and to organization violations punishable by suspension or removal
of the organization from the institution, disciplinary procedures contained in the code of
student conduct shall:
(1) Afford the accused a presumption of innocence.
(2) Require the institution to maintain a file of disciplinary proceedings.
(3) Provide for access to the file by the accused and the victim.
(4) Ensure that proceedings are free from conflicts of interest by preventing commingling
of administrative or adjudicative roles.
Authorizes institutions to take reasonable interim measures to maintain the safety of
members of the campus community during the investigation and adjudication if the student
poses a risk.
Provides that a court shall award mental or emotional distress, loss of wages or earning
capacity, and costs if it finds an institution has violated new law or the due process rights of
a student or an organization.
Effective August 1, 2022.
(Adds R.S. 17:3394)