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Enacted Campus Due Process Statutes – Louisiana

Due Process Statutes

In 2022, Louisiana enacted HB 364.

HB 364 Bill Summary

House Bill 364 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 for ten or more days, deferred 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

  • 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;
    • notice of charges;
    • the right to the active assistance of an attorney or advisor during all stages of the campus disciplinary process;
    • the right of an attorney or advisor to cross-examine adverse witnesses;
    • reasonable, continuous access to the administrative file and evidence in the institution’s possession;
    • proceedings free from conflicts of interest, 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 violation of these due process rights in court.

FIRE Commentary

Callin’ Baton Rouge: New Louisiana laws protect student free speech and due process rights