Campus Due Process Statutes

Enacted Campus Due Process Statutes – Arizona

March 24, 2020

In 2018, Arizona enacted HB 2563, now Ariz. Rev. Stat. § 15-1866.

HB 2563 Bill Summary

HB 2563 is primarily a bill governing campus free speech, but does include a provision outlining due process rights for students in campus disciplinary proceedings. In proceedings where the potential penalty is either a suspension of more than 30 days or expulsion, the accused student is entitled to active assistance of counsel.

Key Provisions

  • Public institutions of higher education must publish the rules and rights that govern disciplinary proceedings.
  • Students subject to campus disciplinary hearings shall be entitled to:
    • advanced written notice of the allegations;
    • to review the evidence in support of the allegations;
    • the right to call witnesses;
    • the right to confront adverse witnesses;
    • the right to put on a defense;
  • a decision by an impartial person or panel;
  • to appeal the decision. In cases where the potential penalty is either a suspension of more than 30 days or expulsion, the student shall be entitled to active assistance of counsel.

FIRE Commentary

Right to counsel, right to confrontation among due process rights afforded to Arizona students under 2018 legislation (February 26, 2020)