GENERAL ASSEMBLY OF NORTH CAROLINA
Mar 17, 2021
SESSION 2021 HOUSE PRINCIPAL CLERK
HOUSE BILL DRH40220-MK-26A
Short Title: UNC/Disciplinary Measures/Damage Campus Prop. (Public)
Sponsors: Representative Torbett.
1 A BILL TO BE ENTITLED
2 AN ACT TO REQUIRE MANDATORY DISCIPLINE POLICIES FOR PROPERTY
3 DAMAGE DURING PROTESTS OR DEMONSTRATIONS ON UNIVERSITY OF
4 NORTH CAROLINA CAMPUSES AND TO REQUIRE ADDITIONAL INFORMATION
5 REPORTED ON SAFETY CONCERNS.
6 The General Assembly of North Carolina enacts:
7 SECTION 1. G.S. 116-300 reads as rewritten:
8 "§ 116-300. Policies required.
9 The Board of Governors of The University of North Carolina shall develop and adopt a policy
10 on free expression that states, at least, the following:
12 (7) The Except as otherwise provided in this subdivision, the constituent
13 institution shall implement a range of disciplinary sanctions for anyone under
14 the jurisdiction of a constituent institution who substantially disrupts the
15 functioning of the constituent institution or substantially interferes with the
16 protected free expression rights of others, including protests and
17 demonstrations that infringe upon the rights of others to engage in and listen
18 to expressive activity when the expressive activity has been scheduled
19 pursuant to this policy or is located in a nonpublic forum. A constituent
20 institution shall implement the following mandatory disciplinary sanctions for
21 any student enrolled at the constituent institution who, while present on the
22 property of the constituent institution during a protest or demonstration, is
23 found to have engaged in activity in violation of (i) G.S. 14-127 or (ii)
24 G.S. 14-132(a)(2):
25 a. Expulsion or suspension from the institution for at least one
26 academic period.
27 b. Revocation of State-funded student financial assistance for that
28 academic period pursuant to G.S. 116-174.2.
29 c. Eligibility for readmission and enrollment in the institution
30 shall be contingent upon an amount of restitution agreed upon
31 between the institution and the student for the property damage
32 committed by the student. The amount of restitution agreed to
33 be paid by the student shall not be required to represent the full
34 cost of restoring the property to the original condition prior to
35 damage and may also include work study as an option for
36 meeting restitution conditions.
General Assembly Of North Carolina Session 2021
1 (8) In all student disciplinary cases involving expressive speech or conduct,
2 students are entitled to a disciplinary hearing under published procedures,
3 including, at a minimum, (i) the right to receive advance written notice of the
4 charges, (ii) the right to review the evidence in support of the charges, (iii) the
5 right to confront witnesses against them, (iv) the right to present a defense, (v)
6 the right to call witnesses, (vi) a decision by an impartial arbiter or panel, (vii)
7 the right of appeal, and (viii) the right to active assistance of counsel,
8 consistent with G.S. 116-40.11. In a disciplinary case of a student suspected
9 of having engaged in activity in violation of G.S. 14-127 or G.S. 14-132(a)(2)
10 while present on the property of the constituent institution during a protest or
11 demonstration, the standard of proof of responsibility shall be no less than
12 clear and convincing evidence."
13 SECTION 2. G.S. 116-301(c) reads as rewritten:
14 "(c) The Committee on Free Expression shall report to the public, the Board of Governors,
15 the Governor, and the General Assembly by September 1 of every year. The report shall include
16 all of the following:
18 (2) A description of the administrative handling and discipline relating to these
19 disruptions or barriers.barriers, including the enforcement of mandatory
20 discipline policies under G.S. 116-300(7) and the readmittance of any students
21 into a constituent institution who were subject to expulsion or suspension for
22 at least one academic period as a result of the policy.
24 (3a) Increase in security costs and recommendations regarding security issues at
25 constituent institutions related to disruptions at constituent institutions.
27 SECTION 3. G.S. 116-174.2 reads as rewritten:
28 "§ 116-174.2. Grounds for revocation of scholarships.
29 (a) Any student regularly registered and enrolled as an undergraduate, graduate, or
30 professional student in a state-supported college, university or community college who shall be
31 convicted, enter a plea of guilty or nolo contendere upon an indictment or charge for engaging in
32 a riot, inciting a riot, unlawful demonstration or assembly, seizing or occupying a building or
33 facility, sitting down in buildings they have seized, or lying down in entrances to buildings or
34 any facilities, or on the campus of any college, university, or community college, or any student,
35 whether an undergraduate, graduate or professional student who shall forfeit an appearance bond
36 on an indictment or charge of any of the above-named offenses, shall have revoked and
37 withdrawn from his or her benefit all state-supported State-supported scholarships or any State
38 funds granted to him or her for educational assistance.
39 (b) Any student enrolled at the constituent institution who, while present on the property
40 of the constituent institution during a protest or demonstration, is found to have engaged in
41 activity in violation of G.S. 14-127 or G.S. 14-132(a)(2) shall have revoked and withdrawn from
42 his or her benefit all State-supported scholarships or any State funds granted to him or her for
43 educational assistance as required by G.S. 116-300(7).
44 (c) It shall be the duty of all persons or officials having charge of and authority over the
45 granting of state-supported State-supported scholarships or any other form of financial assistance
46 to immediately revoke and withdraw same in the event and upon the happening of any of the
47 conditions or matters above enumerated; set out in subsection (a) or (b) of this section; provided,
48 however, that in subsequent academic terms any such student shall be eligible to be considered
49 for and to be granted financial assistance from State funds."
50 SECTION 4. This act is effective when it becomes law and applies beginning with
51 the 2021-2022 academic year.
Page 2 DRH40220-MK-26AStatutes affected:
Filed: 116-300, 116-301, 116-174.2