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Senate committee advances bill to guarantee students due process in campus disciplinary cases
Summary
A Senate Education Committee voted SB 365 out of committee after testimony from free-speech advocates and the bill sponsor, who said it guarantees accused students and complainants rights including counsel, notice of charges and access to evidence in campus Title IX and disciplinary hearings.
Sen. Irving introduced SB 365 to create an Arkansas Student Due Process and Protection Act for public higher-education institutions, saying the measure would ensure students involved in campus disciplinary proceedings ‘‘have the ability to have attorneys present with you and advise you through the process.’’
The bill would codify a presumption of innocence, advance notice of charges, continuous access to the administrative file, impartial adjudication, and the opportunity for cross-examination by a student’s attorney or adviser, according to sponsor remarks and testimony.
Greg Gonzales, legislative counsel for the Foundation for Individual Rights and Expression (FIRE), urged the committee’s support. ‘‘I urge the committee’s support of SB 365,’’ Gonzales said, summarizing protections the bill would guarantee — including the right to counsel or adviser, cross-examination by that adviser, and a cause of action for students to vindicate their rights.
Committee members discussed whether similar protections should apply to teachers; Sen. Chesterfield asked why the bill focuses on students rather than staff. The sponsor said the bill addresses a higher-education environment shaped by Title IX regulations and the specific vulnerability of students in campus proceedings.
After testimony and brief discussion, the committee approved a do-pass recommendation and reported the bill out of committee for further consideration.
The bill now moves to the next step in the legislative process; the committee record shows no formal opposition testimony during the hearing.
