This bill introduces Chapter 188-K into New Hampshire law, establishing specific due process protections for students, student organizations, and faculty members at publicly funded colleges and universities during disciplinary proceedings. Key provisions include the right to a hearing with prior notice of allegations, access to evidence and witnesses, the presumption of innocence, protection against self-incrimination, and the right to appeal decisions. Institutions are permitted to implement more protective measures but are prohibited from offering less protection than what is outlined in this new chapter. The bill also clarifies that if there is a conflict between these new rights and existing collective bargaining agreements, the latter will take precedence until they expire, after which the new protections will apply.
The fiscal implications of the bill are significant, with the University System of New Hampshire (USNH) estimating an annual increase in operating expenses between $500,000 and $1,000,000 due to the need for additional staffing, training, and legal compliance. The Community College System of New Hampshire (CCSNH) anticipates costs ranging from $50,000 to $250,000 per year for similar reasons. Notably, the bill does not provide appropriations for these expenses, which may require institutions to reallocate resources or raise fees. Additionally, the bill allows institutions to take immediate action in cases posing substantial threats to health or safety before a hearing, ensuring a balance between due process rights and safety concerns. The bill is set to take effect on July 1, 2026.