Bill > A452

Introduced Session

This bill directs the Secretary of Higher Education to appoint an Ombudsman of Student Discipline to serve within the Office of the Secretary. The purpose of the ombudsman is to ensure that a student who is subject to the disciplinary process established by the institution of higher education in which the student is enrolled receives fair and impartial treatment throughout the course of that process. Under the bill, the ombudsman will accept and review requests from students enrolled in institutions of higher education in the State who are seeking information and assistance during the disciplinary process, including any disciplinary hearing, or a request for a review of a recently completed disciplinary hearing. The ombudsman will give priority to requests on matters which may be time-sensitive, or which may result in a financial or academic loss to the student including, but not limited to, the student's suspension or dismissal from an academic program or institution or the student's disqualification from a prospective academic program or institution. The ombudsman will conduct further investigation, as warranted, into select student requests to examine the nature of the student's alleged violation that is the subject of the disciplinary process, the manner in which the disciplinary process is conducted, and, if the process has been completed, the determination of the disciplinary board and the sanctions imposed on the student. The ombudsman will then submit a report of findings to the student, the institution's disciplinary board, and the governing board of the institution of higher education. The institution must notify the ombudsman as to whether or not it will modify the disciplinary process or the penalties imposed on the student in the event that the report of the ombudsman finds that: (1) the institution's student code of conduct lacked adequate clarity and guidance for students, or that the institution did not provide adequate tools for students to protect themselves against potential violations of the student code of conduct; (2) the institution did not provide adequate due process protections for the student; or (3) the penalties imposed on the student were unduly harsh. Finally, the ombudsman is required to publish a list of those institutions that agree to accept and respond to the findings of the ombudsman and those that do not agree.

Committee Categories

Joe Danielsen (D)*, 

Introduced, Referred to Assembly Higher Education Committee (on 01/09/2024)

Official Document