Table of Contents

Enacted Campus Due Process Statutes – Arkansas

Due Process Statutes

In 2015, Arkansas enacted HB 1892, which became A.C.A. § 6-60-109. In 2023, Arkansas enacted SB 365, which repealed A.C.A. § 6-60-109 and added A.C.A. § 6-60-1401 through §1407, which contains robust due process protections for students and student organizations at public institutions of higher education. 

HB 1892 (REPEALED) Summary

HB 1892 provides students at public institutions of higher education who have been expelled or given a suspension of 10 days or more the right to be represented by counsel during an appeal of the decision.

Key Provisions

  • Public institutions of higher education must allow students who have been expelled or suspended for 10 or more days the right to be represented by an attorney or a non-attorney advocate during the appellate process. This right does not apply during the original campus proceeding.
  • Attorney or non-attorney advocates must be allowed to fully participate in the appellate process. If the disciplinary appeal proceeding used by the institution of higher education arises from a complaint by a student against another student, the student who filed the complaint also has the right to be represented by an attorney or non-attorney advocate.
  • The statute does not require the state to pay for the attorney or non-attorney advocate. Students may hire an advocate of their choice at their own expense.

FIRE Commentary

NEW ARKANSAS LAW GIVES STUDENTS RIGHT TO COUNSEL IN DISCIPLINARY APPEALS (APRIL 10, 2015)

SB 365 Summary

SB 365 repealed A.C.A. § 6-60-109 and added A.C.A. § 6-60-1401 through §1407. It provides students and student organizations at public institutions of higher education with many crucial due process protections, including the right to active representation by an attorney or non-attorney advocate, at their own expense, during certain disciplinary procedures. Except in cases involving charges of academic misconduct, the requirements of the statute apply to any campus disciplinary case that carries a potential penalty of suspension or expulsion or any case against a student organization that could result in suspension or removal of the organization from the institution.

Key Provisions 

  • Students or student organizations subject to campus disciplinary hearings shall be entitled to:
    • The express presumption of innocence.
    • The right to the active assistance of an attorney or advisor throughout the process.
    • The right of an attorney or advisor to cross-examine adverse witnesses.
    • Reasonable, continuous access to the administrative file and all of the evidence in the institution’s possession, including evidence that might demonstrate the accused’s innocence.
    • Impartiality from the hearing panel, including a prohibition against one person filling multiple roles during the adjudication process.
  • Students are provided a cause of action to challenge a violation of these due process rights before the Arkansas State Claims Commission.

FIRE Commentary

ARKANSAS SB 365 MEANS MEANS YEAR-ROUND DUE PROCESS RIGHTS FOR COLLEGE STUDENTS (APRIL 13, 2023)

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