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Enacted Campus Due Process Statutes – Kentucky

Due Process Statutes

In 2022, Kentucky enacted HB 290.

HB 290 Bill Summary

HB 290 is a bill that provides procedural protections to students at public colleges and universities who are accused of violating an institution’s student code of conduct and face suspension, expulsion, or termination of campus housing. The bill also requires institutions to post reports of student discipline on their respective websites.

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:
    • the express presumption of innocence;
    • timely written notice of charges, and specific details about the facts giving rise to them;
    • the right to be present and participate meaningfully in any disciplinary hearing;
    • the right to the active assistance of an attorney or advisor during all stages of the campus disciplinary process;
    • the right to cross-examination of adverse parties and witnesses;
    • reasonable, continuous access to the administrative file and evidence in the institution’s possession;
    • impartiality from the hearing panel, including a prohibition against an investigator also serving on the hearing panel; and
    • the right to appeal.
  • Students are provided a cause of action to challenge a final decision in state court.

FIRE Commentary

Kentucky legislature passes historic campus due process bill; heads to governor’s desk for signature

Kentucky governor signs historic, bipartisan campus due process bill into law