This bill amends R.S. 17:3394(E)(1) to revise the disciplinary proceedings at public postsecondary education institutions regarding how students or student organizations are deemed guilty of violations. The key change is the introduction of a clear and convincing evidence standard for establishing guilt, replacing the previous requirement that the institution merely "established" the elements of the violation. The bill emphasizes that a student or organization is presumed innocent until they formally acknowledge responsibility or until a hearing concludes with the institution proving every necessary element of the violation.

Additionally, the bill clarifies that the new standard of establishing guilt through clear and convincing evidence will not affect the burden of proof in hearings conducted under Title IX of the Education Amendments of 1972 or related state laws. This amendment aims to ensure fairness in disciplinary proceedings while maintaining the integrity of the process for addressing violations at educational institutions.

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)