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Enacted Campus Due Process Statutes – Arkansas

Due Process Statutes

In 2015, Arkansas enacted HB 1892, now A.C.A. § 6-60-109.

HB 1892 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)