Revision: Jan. 13, 2025, 3:49 p.m.
HB 510-FN - AS INTRODUCED
2025 SESSION
25-0592
09/02
HOUSE BILL 510-FN
SPONSORS: Rep. Lynn, Rock. 17; Rep. Cordelli, Carr. 7; Rep. Popovici-Muller, Rock. 17; Rep. Thibault, Merr. 25; Sen. Lang, Dist 2; Sen. Murphy, Dist 16
COMMITTEE: Education Funding
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ANALYSIS
This bill establishes 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, and addresses the provisions' applicability to collective bargaining agreements.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
25-0592
09/02
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
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 Members of New Hampshire Public Post-Secondary Education Institutions. Amend RSA by inserting after chapter 188-J the following new chapter:
CHAPTER 188-K
DUE PROCESS PROTECTIONS FOR STUDENTS, STUDENT ORGANIZATIONS, AND FACULTY MEMBERS OF NEW HAMPSHIRE PUBLIC POST-SECONDARY EDUCATION INSTITUTIONS
188-K: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-K:2 Definitions. As used in this chapter:
I. “Disciplinary proceeding” means an action or proceeding instituted against a student, student organization, or faculty member of a New Hampshire 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. “Faculty member” means a full or part-time member of the faculty of a New Hampshire 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 New Hampshire community college system.
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-K: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 the 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, provided, however, 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 provide evidence 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's, student organization's, 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, hearings 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 the 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-K: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.
188-K:5 Applicability of Chapter to Existing Collective Bargaining Agreements. If the rights afforded to faculty members under this chapter conflict with grievance or disciplinary procedures established under a valid collective bargaining agreement between a public institution of higher education and a union representing faculty members of such institution that is in effect when this chapter becomes effective, the grievance or disciplinary procedures provided for in the collective bargaining agreement rather than those provided by this chapter shall apply to any disciplinary proceedings brought against faculty members covered by the collective bargaining agreement while the agreement remains in effect. After the expiration of said collective bargaining agreement, the provisions of this chapter shall apply to any new disciplinary proceedings commenced against faculty members represented by the union. From and after the effective date of this chapter, no public institution of higher education and no union representing faculty members of such institution shall enter into any new collective bargaining agreement, nor extend the expiration date of an existing collective bargaining agreement, which contains grievance or disciplinary procedures less protective of faculty members’ due process rights than those established by this chapter.
2 Effective Date. This act shall take effect July 1, 2026.
25-0592
1/7/25
HB 510-FN- FISCAL NOTE
AS INTRODUCED
FISCAL IMPACT:
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Estimated State Impact | ||||||
| FY 2025 | FY 2026 | FY 2027 | FY 2028 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund(s) | None | |||||
Expenditures* | $0 | Indeterminable | CCSNH $100K to $500K Per Year
USNH $500K or More Per Year | |||
Funding Source(s) | CCSNH and USNH Operating Costs | |||||
Appropriations* | $0 | $0 | $0 | $0 | ||
Funding Source(s) | None | |||||
*Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill | ||||||
METHODOLOGY:
This bill, effective July 1, 2026 (FY 2027), establishes for students, student organizations, and faculty members of the Community College System of New Hampshire (CCSNH) and the University System of New Hampshire (USNH), the right to certain due process protections when disciplinary proceedings are brought against them by such institutions and addresses the provisions' applicability to collective bargaining agreements.
Community College System of New Hampshire (CCSNH)
The Community College System of New Hampshire (CCSNH) states that while many due process protections are like those presently in place within CCSNH, certain elements of the bill, including the structure of the formal hearings it describes, differ in part from current practices. The bill replaces the current grievance and arbitration process with the bill’s own requirements for the hearing process, which will impose additional costs on the institutions. CCSNH adds that the bill invalidates provisions in faculty collective bargaining agreements (CBA) upon their expiration and replaces them with the bill’s provisions. CBA provisions for staff would remain in force and the colleges would be following two separate sets of practices for the different employee groups. Also, CCSNH states that provisions of this bill conflict with Title IX of the Education Amendments of 1972, creating costs to obtain legal advice and/or defend the institution in instances where legal and regulatory requirements conflict. The following are areas to which CCSNH expects an increase to its operational costs:
While the costs are indeterminable, CCSNH estimates in total they could range from $0 to $100,000 in FY 2026, and from $100,000 to $500,000, in FY 2027 and each year thereafter.
University System of New Hampshire (USNH)
The University System of New Hampshire (USNH) states this bill’s fiscal impact is indeterminable, however expected to be significant ($500,000 or more per year). This range is based on a component office (Community Standards) of the University of New Hampshire (UNH) that produced an estimate of $215,000 per year to support the salaries and benefits of three (3) additional staff to manage increased workload in that office to support statutory compliance. The estimate is based on disciplinary actions that currently may be adjudicated without a formal panel hearing. USNH states that adding expenses for other UNH disciplinary areas and other USNH campuses for additional staff to manage increased training and investigation activities and expanded volunteer management for the additional panel hearings, a conservative estimate is $500,000 in increased USNH expense annually. Depending on the timing of bill’s passage, USNH states that in conjunction with preparation for the 2026-2027 academic year, some expense could be incurred in FY 2026.
AGENCIES CONTACTED:
Community College System of New Hampshire and University System of New Hampshire