House Bill No. 738, introduced by Representative McMakin, amends and reenacts several provisions of R.S. 17:3394 concerning disciplinary proceedings at public postsecondary education institutions in Louisiana. The bill establishes that any student accused of a serious violation, which could lead to suspension or expulsion, has the right to legal representation during disciplinary proceedings. It mandates that institutions provide written notice of charges within 14 business days of receiving credible information, detailing the specific violations and evidence against the student or organization. Additionally, the bill changes the terminology from "guilt" to "responsibility" and sets a higher standard of proof for cases involving serious bodily injury or death, requiring a preponderance of evidence.

Furthermore, the bill stipulates that sanctions cannot take effect until the appeal process is completed or the deadline for filing an appeal has passed without action. It also requires decision-makers to provide a written determination that includes the factual basis for violations, a summary of evidence, a description of any sanctions imposed, and the procedures for appeal. These changes aim to enhance the fairness and transparency of disciplinary proceedings in public colleges and universities, ensuring that both accused students and alleged victims are adequately informed and have access to necessary documentation throughout the process.

Statutes affected:
HB738 Original: 17:3394(B)