Campus Due Process Statutes

Enacted Campus Due Process Statutes – North Dakota

March 24, 2020

In 2015, North Dakota enacted SB 2150, now N.D.C.C. 15-10-56.

SB 2150 Bill Summary

SB 2150 provides students and student organizations at public institutions with the right to active representation by an attorney or non-attorney advocate, at their own expense, during most disciplinary procedures. The requirements of the statute do not apply to cases involving charges of academic misconduct, but the right to be represented continues through any appeal process.

Key Provisions

  • Students enrolled in public institutions of higher education who have been accused of conduct code violations, and student organizations accused of conduct that could result in the suspension or the removal of the student organization from the institution, have the right to be represented, at the student or student organization’s expense, by an attorney or non-attorney advocate who may fully participate during any disciplinary procedure.
  • For purposes of the statute, an attorney or advocate’s full participation in the disciplinary process includes the opportunity to make opening and closing statements, to examine and cross-examine witnesses, and to provide the accuser or accused with support, guidance, and advice. The statute does not require an institution to use formal rules of evidence in institutional disciplinary proceedings. The institution, however, shall make good faith efforts to include relevant evidence and exclude evidence that is neither relevant or probative.
  • The right to representation by an attorney or non-attorney advocate does not apply to disciplinary cases involving allegations of academic misconduct.
  • In cases where a student is accused of a violation by another student, the complaining student is also entitled to be represented by an attorney or non-attorney advocate who may fully participate during any disciplinary procedure.
  • The right to representation by an attorney or non-attorney advocate continues through any appeal process.
  • The statute does not require the state to pay for the attorney or non-attorney advocate. Students or student organizations may hire an advocate of their choice at their own expense.

FIRE Commentary

With new law, North Dakota guarantees college students’ right to attorney (April 22, 2015)