House Study Bill 539 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON HIGHER EDUCATION BILL BY CHAIRPERSON COLLINS) A BILL FOR An Act providing for a due process policy for faculty, 1 staff, and students at regents institutions and for 2 related disciplinary matters, and including effective date 3 provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5072YC (3) 91 je/ns

H.F. _____ Section 1. SHORT TITLE. This Act shall be known and may be 1 cited as the “Campus Due Process Act”. 2 Sec. 2. NEW SECTION . 262C.1 Definitions. 3 As used in this chapter, unless the context otherwise 4 requires: 5 1. “Board” means the state board of regents. 6 2. “Institution” means an institution of higher education 7 governed by the board. 8 Sec. 3. NEW SECTION . 262C.2 Due process policy. 9 The board shall develop and adopt a due process policy that 10 provides, at minimum, all of the following: 11 1. Each institution must affirm and guarantee to all 12 faculty, staff, and students subject to the institution’s 13 disciplinary procedures all the constitutional rights of due 14 process, with exceptions only accorded if necessary to achieve 15 a significant institutional interest, and if such exceptions 16 are clear, in writing, and justified by a written explanation. 17 2. Each institution must affirm and guarantee that the 18 institution will establish adjudication procedures for faculty, 19 staff, and students with strict adherence to due process 20 protections including but not limited to all of the following: 21 a. The presumption of innocence. 22 b. The right to have relevant facts and charges proved by 23 clear and convincing evidence. 24 c. The right to counsel. 25 d. The right to be told when a spoken conversation pertains 26 to a disciplinary process. 27 e. The right to record all spoken conversations pertaining 28 to a disciplinary process. 29 f. The right to know the charges of which one is accused. 30 g. The right to know of all existing allegations received by 31 college administrators. 32 h. The right to access all evidence including exculpatory 33 evidence. 34 i. The right to clearly and precisely worded definitions of 35 -1- LSB 5072YC (3) 91 je/ns 1/ 4

H.F. _____ misconduct that follow those used in statutes, administrative 1 rules, or the Iowa court rules, as applicable. 2 j. The right to clearly defined statutes of limitations. 3 k. The right to live hearings where both accusers and 4 witnesses can be questioned and cross-examined. 5 l. The right to speak publicly about any case. 6 m. Protection against double jeopardy for the same charge. 7 3. Each institution must refer all reported actions 8 punishable as a felony immediately to a local law enforcement 9 agency. 10 4. Each institution must require an employee deemed a Title 11 IX responsible employee to have been employed for at least five 12 years in a job where at least fifty percent of hours worked 13 consisted of criminal defense and to have substantial courtroom 14 experience. 15 Sec. 4. NEW SECTION . 262C.3 Discipline for interference 16 with due process rights. 17 Each institution shall implement a range of disciplinary 18 sanctions for a person under its jurisdiction who substantially 19 interferes with the due process rights of other persons, as 20 described in this chapter. 21 Sec. 5. NEW SECTION . 262C.4 Public information on due 22 process protections and violations. 23 1. Each institution shall inform all students and employees 24 of the protections afforded to them under this chapter and 25 of the policies the institution has developed and adopted 26 to implement this chapter. The institution shall post 27 this information prominently on its internet site, include 28 this information in materials given to new employees, and 29 provide this information to each student during new student 30 orientation. 31 2. Each institution shall post prominently on its internet 32 site, and submit to the board, an annual report of all 33 violations of due process rights described in this chapter 34 committed by a person under the institution’s jurisdiction and 35 -2- LSB 5072YC (3) 91 je/ns 2/ 4

H.F. _____ of all consequent disciplinary sanctions. 1 3. The information posted on an institution’s internet 2 site required by this section must be accessible from the 3 institution’s internet site home page by use of no more than 4 three links; searchable by keywords and phrases; and accessible 5 to the public without requiring registration or use of a user 6 name, a password, or another user identification. 7 Sec. 6. EFFECTIVE DATE. This Act takes effect December 31, 8 2026. 9 EXPLANATION 10 The inclusion of this explanation does not constitute agreement with 11 the explanation’s substance by the members of the general assembly. 12 This bill requires the state board of regents to develop and 13 adopt a due process policy applicable to faculty, staff, and 14 students at regents institutions. 15 The policy must require each institution to affirm and 16 guarantee to all faculty, staff, and students subject to its 17 disciplinary procedures all the constitutional rights of due 18 process with limited exceptions as specified in the bill. 19 In addition, the policy must require each institution to 20 affirm and guarantee that it will establish adjudication 21 procedures for faculty, staff, and students with strict 22 adherence to due process protections. The bill specifies 23 minimum required due process protections. 24 The policy must also require each institution to refer all 25 reported actions punishable as a felony immediately to a local 26 law enforcement agency. 27 The policy must further require each institution to require 28 an employee deemed a Title IX responsible employee to have been 29 employed for at least five years in a job where at least 50 30 percent of hours worked consisted of criminal defense and to 31 have substantial courtroom experience. 32 The bill requires each institution to implement a range of 33 disciplinary sanctions for a person under its jurisdiction who 34 substantially interferes with the due process rights of others. 35 -3- LSB 5072YC (3) 91 je/ns 3/ 4

H.F. _____ The bill requires each institution to inform all students 1 and employees of the protections afforded to them under the 2 bill and of the policies it has developed and adopted to 3 implement the bill. The bill also requires each institution 4 to post this information prominently on its internet site, 5 include this information in materials given to new employees, 6 and provide this information to each student during new student 7 orientation. 8 The bill requires each institution to post prominently on 9 its internet site, and submit to the board, an annual report 10 of all violations of due process rights described in the bill 11 committed by a person under the institution’s jurisdiction and 12 of all consequent disciplinary sanctions. 13 The bill takes effect December 31, 2026. 14 -4- LSB 5072YC (3) 91 je/ns 4/ 4