Revision: Feb. 15, 2024, 9:33 a.m.
Rep. Belcher, Carr. 4
Rep. Lynn, Rock. 17
January 30, 2024
2024-0332h
05/02
Amendment to HB 1288-FN
Amend RSA 188-J:2 as inserted by section 1 of the bill by replacing it with the following:
188-J:2 Definitions. In this chapter:
I. “Disciplinary proceeding” means an action or proceeding instituted against a student, student organization, or faculty member of a public institution of higher education that could result in the student or faculty member being suspended, expelled, or terminated, or result in a student organization being deprived, either temporarily or permanently, of any of the rights or privileges accorded to other student organizations duly recognized or approved by the institution.
II. “Criminal allegation” means any allegation of wrongdoing of a nature that would constitute a criminal offense under New Hampshire law, regardless of whether such an offense also constitutes a breach of rules promulgated by the institution of higher education.
III. “Faculty member” means a full- or part-time member of the faculty of a public institution of higher education.
IV. “Public institution of higher education” means a post-secondary institution of higher education publicly funded by the state of New Hampshire, including all component colleges and universities of the university system of New Hampshire and all component colleges of the community college system of New Hampshire.
V. “Student” means a person who is enrolled either full- or part-time in a course of study at a public institution of higher education.
VI. “Student organization” means an organization or group of students who share similar interests or activities and which is recognized or approved by, or has sought recognition or approval from, a public institution of higher education which remains in the process of adjudication or appeal.
Amend RSA 188-J:3, I(d) as inserted by section 1 of the bill by replacing it with the following:
(d) The right against self-incrimination, and that invocation of this right may not afford a basis for the decision-maker to draw an adverse inference against the person who does so.
Amend RSA 188-J:3 as inserted by section 1 of the bill by inserting after paragraph III the following new paragraph:
IV. In matters concerning a criminal allegation brought before any New Hampshire court, the findings of any postsecondary institution disciplinary proceeding shall not be admissible as evidence. Where criminal charges have been brought against any student, or where a protective order exists, a postsecondary institution may not proceed with its own disciplinary proceedings based on the same allegations until such a time that the criminal charges have been adjudicated by the courts. During such a period while criminal charges are in adjudication by the courts, or a protective order is in place, temporary disciplinary actions may be taken by the college pending final resolution of the criminal proceedings.