HSB 539 (LSB 5072YC (3) 91)

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, staff, and students at regents institutions and for related disciplinary matters, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  SHORT TITLE.  This Act shall be known and may be cited as the “Campus Due Process Act”.
    Sec. 2.  NEW SECTION.  262C.1  Definitions.
   As used in this chapter, unless the context otherwise requires:
   1.  “Board” means the state board of regents.
   2.  “Institution” means an institution of higher education governed by the board.
    Sec. 3.  NEW SECTION.  262C.2  Due process policy.
   The board shall develop and adopt a due process policy that provides, at minimum, all of the following:
   1.  Each institution must affirm and guarantee to all faculty, staff, and students subject to the institution’s disciplinary procedures all the constitutional rights of due process, with exceptions only accorded if necessary to achieve a significant institutional interest, and if such exceptions are clear, in writing, and justified by a written explanation.
   2.  Each institution must affirm and guarantee that the institution will establish adjudication procedures for faculty, staff, and students with strict adherence to due process protections including but not limited to all of the following:
   a.  The presumption of innocence.
   b.  The right to have relevant facts and charges proved by clear and convincing evidence.
   c.  The right to counsel.
   d.  The right to be told when a spoken conversation pertains to a disciplinary process.
   e.  The right to record all spoken conversations pertaining to a disciplinary process.
   f.  The right to know the charges of which one is accused.
   g.  The right to know of all existing allegations received by college administrators.
   h.  The right to access all evidence including exculpatory evidence.
   i.  The right to clearly and precisely worded definitions of misconduct that follow those used in statutes, administrative rules, or the Iowa court rules, as applicable.
   j.  The right to clearly defined statutes of limitations.
   k.  The right to live hearings where both accusers and witnesses can be questioned and cross-examined.
   l.  The right to speak publicly about any case.
   m.  Protection against double jeopardy for the same charge.
   3.  Each institution must refer all reported actions punishable as a felony immediately to a local law enforcement agency.
   4.  Each institution must require an employee deemed a Title IX responsible employee to have been employed for at least five years in a job where at least fifty percent of hours worked consisted of criminal defense and to have substantial courtroom experience.
    Sec. 4.  NEW SECTION.  262C.3  Discipline for interference with due process rights.
   Each institution shall implement a range of disciplinary sanctions for a person under its jurisdiction who substantially interferes with the due process rights of other persons, as described in this chapter.
    Sec. 5.  NEW SECTION.  262C.4  Public information on due process protections and violations.
   1.  Each institution shall inform all students and employees of the protections afforded to them under this chapter and of the policies the institution has developed and adopted to implement this chapter. The institution shall post this information prominently on its internet site, include this information in materials given to new employees, and provide this information to each student during new student orientation.
   2.  Each institution shall post prominently on its internet site, and submit to the board, an annual report of all violations of due process rights described in this chapter committed by a person under the institution’s jurisdiction and of all consequent disciplinary sanctions.
   3.  The information posted on an institution’s internet site required by this section must be accessible from the institution’s internet site home page by use of no more than three links; searchable by keywords and phrases; and accessible to the public without requiring registration or use of a user name, a password, or another user identification.
    Sec. 6.  EFFECTIVE DATE.  This Act takes effect December 31, 2026.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill requires the state board of regents to develop and adopt a due process policy applicable to faculty, staff, and students at regents institutions.
   The policy must require each institution to affirm and guarantee to all faculty, staff, and students subject to its disciplinary procedures all the constitutional rights of due process with limited exceptions as specified in the bill.
   In addition, the policy must require each institution to affirm and guarantee that it will establish adjudication procedures for faculty, staff, and students with strict adherence to due process protections. The bill specifies minimum required due process protections.
   The policy must also require each institution to refer all reported actions punishable as a felony immediately to a local law enforcement agency.
   The policy must further require each institution to require an employee deemed a Title IX responsible employee to have been employed for at least five years in a job where at least 50 percent of hours worked consisted of criminal defense and to have substantial courtroom experience.
   The bill requires each institution to implement a range of disciplinary sanctions for a person under its jurisdiction who substantially interferes with the due process rights of others.
   The bill requires each institution to inform all students and employees of the protections afforded to them under the bill and of the policies it has developed and adopted to implement the bill. The bill also requires each institution to post this information prominently on its internet site, include this information in materials given to new employees, and provide this information to each student during new student orientation.
   The bill requires each institution to post prominently on its internet site, and submit to the board, an annual report of all violations of due process rights described in the bill committed by a person under the institution’s jurisdiction and of all consequent disciplinary sanctions.
   The bill takes effect December 31, 2026.