AN ACT Relating to student discipline at institutions of higher education; adding a new chapter to Title 28B RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds that it is a violation of basic principles of fairness for an institution of higher education to penalize a student for nonacademic conduct unless the student is afforded certain minimal procedural rights. Further, the legislature finds that it is unfair for an institution to penalize a student for conduct for which the student has already, or may be, penalized through the criminal justice system. The legislature therefore declares that student freedom from unjust disciplinary action as prohibited by this chapter is a civil right enforceable in the courts of this state.

NEW SECTION. Sec. 2. The definitions contained in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Capital charge" means a disciplinary charge which may result in expulsion, suspension, revocation of a scholarship or other form of financial assistance, or any other sanction which will prevent or seriously delay the student from completing the student's planned education program.

(2) "Disciplinary charge" means an allegation by an institution of higher learning that the student has violated a nonacademic rule or policy which may subject the student to penalty.

(3) "Governing board" means the board of trustees or regents, or other controlling entity of an institution of higher learning.

(4) "Hearing facilitator" means a faculty member or student chosen on a random basis from a pool of willing applicants, who coordinates and presides over the disciplinary proceedings described in this chapter.

(5) "Institution of higher learning" means an institution of higher education as defined in RCW 28B.10.016(4) or an institution determined to be accredited under RCW 28B.85.040(2)(b).

(6) "Jury" means a body of peers, of not less than seven members, chosen through a random selection process to decide whether a disciplinary charge has been proved.

(7) "Peer" means a student enrolled at the same institution as the institution of higher learning bringing the disciplinary charge.

(8) "Student" means any person who is registered or enrolled, including persons on leave, at an institution of higher learning.

NEW SECTION. Sec. 3. (1) An institution of higher learning shall not penalize a student based on a disciplinary charge unless the student has been afforded an opportunity for:

(a) Representation by an attorney or representative of choice at all stages of the disciplinary proceeding. The student shall bear the cost of the representation except that an indigent student subject to a capital charge shall be represented by the attorney general's office;

(b) A public, formal hearing before a jury, in which the Washington rules of evidence shall apply;

(c) A speedy hearing commencing within ten calendar days from the student's receipt of notification of the disciplinary charges, subject to a continuance granted by the hearing facilitator for good cause;

(d) The right to cross-examine witnesses;

(e) The right to confront accusers;

(f) The right against self-incrimination;

(g) The right to discovery of all charges, evidence, and witnesses, within a reasonable time before the hearing;

(h) The right to question the jurors and exercise preemptory challenges and challenges for cause;

(i) The right to be advised of the provisions of this chapter and the nature of the charges within a reasonable time before the hearing; and

(j) The right to appeal a final decision resulting from the hearing process to the governing board.

(2) The burden of proof shall be on the institution of higher learning. The institution shall prove the disciplinary charge beyond a reasonable doubt.

(3) If the jury determines the disciplinary charge has been proved, the jury shall determine the penalty to be imposed.

(4) A hearing facilitator shall preside over the hearing, except that if a student objects to the naming of the hearing facilitator, the jury shall decide whether good cause for such objection is shown.

(5) Nothing in this chapter shall be construed to limit the right of an institution of higher learning from establishing a procedure for determination of discipline charges, as long as the process complies with this chapter and is the sole means for determining discipline charges covered by this chapter.

(6) Nothing in this chapter shall be construed as limiting the participation of faculty, staff, and administrators from acting in a nonvoting capacity in the hearing process, and this chapter shall be construed to encourage such participation.

NEW SECTION. Sec. 4. Each institution of higher learning shall publish the complete text of this chapter and any other procedures adopted regarding determination of disciplinary charges in the institution's catalog, student handbook, or similar publication made available to all students at the beginning of each academic year.

NEW SECTION. Sec. 5. (1) Except as provided in subsection (2) of this section, an institution of higher learning shall not penalize a student in any manner for nonacademic conduct which is, has been, or may become the basis for criminal charges.

(2) Nothing in this chapter shall be construed to prohibit an institution of higher learning from denying admission to, expelling, or suspending a student who has been convicted of a crime of violence which occurred on the property of the institution.

NEW SECTION. Sec. 6. Before issuing a notice to a person other than a student to leave the premises of a state institution of higher education, the institution shall afford the person the rights specified in section 3 of this act to determine whether the person has a right to be on the premises.

NEW SECTION. Sec. 7. If an institution of higher learning fails to comply with this chapter, a student injured by such failure to comply may, or upon the request of the student the attorney general shall, commence a civil action to mandate compliance or enjoin noncompliance. A student shall not be required to post security as a condition for obtaining a preliminary injunction or a temporary restraining order. If the student prevails, the court shall award costs, actual attorneys fees, and damages to the student. The court may award punitive damages if the institution's conduct is found to be wilful.

NEW SECTION. Sec. 8. An institution of higher learning that wilfully violates any provision of this chapter shall be subject to a civil penalty of not less than five thousand dollars but not more than one hundred thousand dollars for each violation. The fine may be imposed by any court of competent jurisdiction.

NEW SECTION. Sec. 9. This chapter may be known and cited as the "student bill of rights act."

NEW SECTION. Sec. 10. Sections 1 through 9 of this act shall constitute a new chapter in Title 28B RCW.

NEW SECTION. Sec. 11. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.