Campus Due Process Statutes

Enacted Campus Due Process Statutes – Florida

August 9, 2021

In 2021, Florida enacted HB 233.

HB 233 Bill Summary

HB 233 provides students with new due process protections, along with establishing provisions that address aspects of campus expression. FIRE was critical of the other sections of the legislation that will likely stifle classroom instruction. This page, however, focuses exclusively on the section of the bill related to procedural protections in campus disciplinary proceedings. The legislation instructs institutions to “protect the rights of all students” and requires that colleges provide certain core procedural protections at a minimum, such as sufficient notice, a right to counsel, and all evidence in the institution’s possession.

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:
    • advance written notice of the allegations;
    • review all evidence in advance of a hearing;
    • “an impartial hearing officer”;
    • “a presumption that no violation occurred”;
    • “the right to remain silent”;
    • active assistance of an advisor or counsel; and
    • the right to appeal.

FIRE Commentary

Florida governor signs bill that advances student due process rights but risks chilling campus speech
Florida legislation on recording classes invites ‘gotcha’ politics into the classroom