RÉSUMÉ DIGEST
ACT 416 (HB 174) 2024 Regular Session McMakin
Existing law requires each postsecondary education management board to adopt a policy
relative to disciplinary proceedings, right to counsel for students and student organizations,
and appeals. Requires that disciplinary procedures:
(1) Afford the student or organization the express presumption of innocence.
(2) Provide that neither a student nor an organization may be deemed guilty of a
violation until either one of two conditions is met:
(a) The student or organization formally acknowledges responsibility.
(b) The conclusion of a hearing. Prior law required that the institution establish
every element of the alleged violation at such hearing. New law requires that
the institution prove every element of the violation necessary to constitute
guilt by clear and convincing evidence at such hearing. Further provides that
this standard does not alter the burden of proof for hearings held pursuant to
Title IX or existing law relative to power-based violence on college
campuses.
Effective August 1, 2024.
(Amends R.S. 17:3394(E)(1))


Statutes affected:
HB174 Original: 17:3394(B)
HB174 Engrossed: 17:3994(E)(1)
HB174 Reengrossed: 17:3994(E)(1)
HB174 Enrolled: 17:3394(E)(1)
HB174 Act : 17:3394(E)(1)