Revision: Dec. 6, 2023, 12:42 p.m.
HB 1288-FN - AS INTRODUCED
2024 SESSION
24-2086
05/10
HOUSE BILL 1288-FN
SPONSORS: Rep. Lynn, Rock. 17; Rep. Cordelli, Carr. 7; Rep. Ammon, Hills. 42
COMMITTEE: Education
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ANALYSIS
This bill establishes certain due process rights for students, student organizations, and faculty members facing disciplinary actions by state institutions of higher learning.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2086
05/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; Due Process Protections for Students, Student Organizations,
and Faculty of Public Colleges and Universities. Amend RSA by inserting after chapter 188-I the following new chapter:
CHAPTER 188-J
DUE PROCESS PROTECTIONS FOR STUDENTS, STUDENT ORGANIZATIONS,
AND FACULTY OF PUBLIC COLLEGES AND UNIVERSITIES
188-J:1 Declaration of Purpose. The purpose of this chapter is to establish for students, student organizations, and faculty members of publicly funded New Hampshire colleges and universities the right to certain due process protections when disciplinary proceedings are brought against them by such institutions.
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 reprimanded, 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. “Faculty member” means a full- or part-time member of the faculty of a public institution of higher education, but does not include a faculty member who is in probationary status.
III. “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.
IV. “Student” means a person who is enrolled either full- or part-time in a course of study at a public institution of higher education.
V. “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.
188-J:3 Due Process Rights Established.
I. In all disciplinary proceedings against a student, student organization, or faculty member, the student, student organization, or faculty member shall be entitled to a hearing under published procedures that include, at a minimum, all of the following:
(a) The right to receive written notice at least 7 days prior to the hearing of the allegations upon which proceeding is based, and the specific provisions of law, rule, regulation, or code of conduct that allegedly were violated.
(b) The right to receive at least 5 days before the hearing a listing of all known witnesses who have provided or will provide evidence or information against the student, student organization, or faculty member, as well as copies of all written documents, statements of witnesses, photographs, electronic data, tangible evidence, and all other relevant inculpatory or exculpatory information.
(c) The right to the presumption that no violation occurred. This presumption may be overcome only if the public institution of higher education establishes by a preponderance of the evidence that the violation alleged was committed by the student, student organization, or faculty member charged.
(d) The right against self-incrimination, except that invocation of this right may afford a basis for the decision-maker to draw an adverse inference against the person who does so.
(e) The right to confront and cross examine witnesses who testify against the student, student organization, or faculty member.
(f) The right to present a defense and call witnesses in support of the defense.
(g) The right to an impartial hearing officer or panel.
(h) The right to have the assistance of an advisor, advocate, or legal representative, at the student, student organization, or faculty member’s own expense, who shall be allowed to be present at and directly participate in all aspects of the proceeding. Such advisor, advocate, or legal representative shall not serve in any other role in connection with the proceeding, including as investigator, witness, decider of fact, hearing officer, panel member, decider of an appeal, or advisor to any of the foregoing.
(i) The right to have a verbatim record of the hearing made and preserved for use in the event there is an appeal.
(j) The right to appeal a final adverse decision to the vice president of student affairs or equivalent official or body specifically designated by the institution to hear such appeals. The person or persons comprising the appeal tribunal shall not have directly participated in any other aspect of the proceeding in question.
II. The procedural rights, including the hearing, specified in paragraph I shall be afforded to a student, student organization, or faculty member prior to the imposition of any discipline; provided, however, that in cases where the public institution of higher education can show a substantial likelihood of an imminent threat of physical injury to any person or significant damage to property before a hearing can be held, the institution may immediately take such actions as are necessary to prevent or ameliorate the threat and shall thereupon hold a hearing as soon as reasonably practicable after it has taken such actions.
III. A student, student organization, or faculty member may waive any or all of the rights specified in paragraph I, provided that such waiver is made knowingly, intelligently, and voluntarily.
188-J:4 Rules and Regulations of Public Institutions of Higher Education.
Any New Hampshire public institution of higher education may adopt rules, regulations, policies or procedures that afford students, student organizations, or faculty members more due process protections than those provided in this chapter, but no such institution shall adopt or utilize any rules, regulations, policies, or procedures that afford students, student organizations, or faculty members facing a disciplinary proceeding less protections than those afforded them herein.
2 Effective Date. This act shall take effect on July 1, 2025.
24-2086
11/29/23
HB 1288-FN- FISCAL NOTE
AS INTRODUCED
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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Estimated State Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund(s) | None | |||||
Expenditures | $0 | CCSNH - $371K in FY 2025 and $365K in FY 2026 and beyond USNH - $1M-$2M Per Year | ||||
Funding Source(s) | CCSNH and USNH Operating Expenses | |||||
Appropriations | $0 | $0 | $0 | $0 | ||
Funding Source(s) | None | |||||
• Does this bill provide sufficient funding to cover estimated expenditures? [X] See Below • Does this bill authorize new positions to implement this bill? [X] N/A | ||||||
METHODOLOGY:
This bill establishes certain due process rights for students, student organizations, and faculty members facing disciplinary actions by state institutions of higher learning.
Community College System of New Hampshire
The Community College System of New Hampshire (CCSNH) has identified the following areas to which they may incur a cost relative to this bill, along with estimated impacts:
University System of New Hampshire
The University System of New Hampshire (USNH) states this bill’s impact on its expenditures is indeterminable, but expected to be significant. The following information, and estimated fiscal impact, has been provided by USNH:
As written, the statute would pertain to all proceedings that “could result in a reprimand” or other punitive action. Actions of students and student organizations across USNH institutions result in thousands of reprimands every year that do not rise to the level of suspension or expulsion, such as violations of academic, athletic, and housing codes, student employment, vehicle violations, alcohol possession. In those cases, reprimands are typically addressed through remediation in a one-on-one setting with the accused party and an authorized staff, faculty member, supervisor or in the case of a student organization, an affiliated council. Due process protections are afforded to the student commensurate with the severity of the violation and potential sanction. Adjudicating every infraction that could result in a reprimand with a panel hearing and all attendant due process rights would result in thousands of hearings and would require significant expense to support additional full-time staff, investigators, training, and volunteer panel recruitment and management, and it would result in lost productivity for students, faculty, advisors, law enforcement officers, and other staff. Because minor violations of campus life are diverse and distributed, they are addressed “locally” throughout the campus, and calculating fiscal impact is not feasible without extensive effort and time. Further contributing to the complexity of impact assessment is the fact that disciplinary proceedings for many faculty are established through collective bargaining at each institution.
The range of $1-2 million in increased USNH operational expense is based on one component analysis of one campus (Office of Community Standards, UNH Durham) which produced a conservative estimate of $575,000 per year to support eight (8) additional staff members (salaries/benefits). Adding expenses for other disciplinary areas beyond community standards, other University System campuses, and other costs for increased training and investigation and expanded volunteer management, a reasonable, conservative estimate is within the stated range.
AGENCIES CONTACTED:
Community College System of New Hampshire and University System of New Hampshire