Summary of Original Version

Amend KRS 164.370 to require each governing board of a public postsecondary education institution to adopt a student code of conduct that includes disciplinary procedures; set minimum requirements for the disciplinary procedures; require the institution to provide additional rights to students eligible to receive certain punishments; require a governing board to permit a student whose residence is in campus housing to appeal to the governing board; require a governing board to permit a student organization whose affiliation with the institution has been terminated to appeal to the governing board; permit a student to appeal a final decision of a governing board in accordance with KRS Chapter 13B, except that the student shall have 1 year to appeal; define "student"; title the Act "the Kentucky Student Administrative Rights Protection Act."

Summary of Amendment: House Committee Substitute 1

Summary Retain all original provisions; add definitions for "complainant," "participant," and "Title IX"; clarify the role of Title IX complainants in student disciplinary proceedings; clarify the presumption of innocence; require that participants be granted reasonable and continuous access to the record of evidence; permit audio recordings of proceedings; clarify the right to be represented by counsel; require hearing evidence to be relevant; incorporate a rape sheild provision, reduce the period of time to appeal a final order of the governing board from 2 years to 30 days; give a Title IX complainant equal rights to and upon appeal; give any student participant the right to appeal a decision; create a new section of KRS 164 to require that each public postsecondary education institution publish an annual student discipline report and submit the report to the Interim Joint Committee on Education; and establish short title of "The Kentucky Campus Due Process Protection Act".

Summary of Amendment: House Floor Amendment 1 -- K. Banta

Summary Retain all original provisions except amend the definition of "complainant"; require the record to contain pleadings and evidence; require the presence of a support person at any phrase in the disciplinary process; reflect federal limitations on the cross-examination of all students; permit the governing board to designate an authority to issue a final order in a student disciplinary proceeding; specify that nothing in the bill is intended to impede an institution's ability to take reasonable interim measures during a timely investigation and adjudication of a student disciplinary matter, including adjustments to student housing arrangements; remove approximate household income as a required student demographic in the student discipline report filed by public postsecondary education institutions; require institutions to report the general source of allegations in the student discipline report.

Summary of Amendment: House Floor Amendment 2 -- K. Banta

Summary Amend definition of "complainant" to include all crime victims; require that cross-examination conducted personally by a participant be conducted by written questions submitted to be reviewed and read by a neutral hearing officer; permit an institution to require one or more representatives of a class of student victims to serve as the complainant in a disciplinary proceeding when the class-action requirements are met.

Statutes affected:
Introduced: 164.370
House Committee Substitute 1: 164.370
Current: 164.370