Vasut Bill Requires Sworn Complaints Before Colleges Discipline Students

The text as introduced · 665 words

90R3405 KJE-D

By: Vasut
H.B. No. 704

A BILL TO BE ENTITLED

AN ACT

relating to student disciplinary process requirements at a public

institution of higher education.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 51, Education Code, is amended by adding

Subchapter J to read as follows:

SUBCHAPTER J. STUDENT DISCIPLINARY PROCESS

Sec. 51.501. DEFINITION. In this subchapter, "institution

of higher education" has the meaning assigned by Section 61.003.

Sec. 51.502. SWORN COMPLAINT REQUIRED. (a) An institution

of higher education may not initiate an investigation or

disciplinary process against a student currently or formerly

enrolled at the institution unless the allegation of misconduct is

supported by a written, sworn complaint signed by a person with

personal knowledge of the alleged misconduct.

(b) The complaint must:

(1) describe with reasonable specificity the facts

constituting the alleged misconduct; and

(2) be maintained by the institution of higher

education as an institutional record.

Sec. 51.503. NOTICE TO THIRD PARTY. An institution of

higher education shall:

(1) allow a student enrolled at the institution to

designate a third party to receive notice, in addition to the notice

provided to the student, regarding the institution's initiation of

an investigation or disciplinary process against the student that

could result in the student's suspension or expulsion or another

penalty designated by institutional policy as a major disciplinary

action; and

(2) provide the notice described by Subdivision (1) to

the third party designated by a student under that subdivision on

the date on which the institution provides notice to the student

that the institution has initiated an investigation or disciplinary

process against the student described by that subdivision.

Sec. 51.504. STUDENT ADVISOR. (a) An institution of higher

education that initiates disciplinary charges against a student

enrolled at the institution shall allow the student to be assisted

by an advisor during the disciplinary process. The student may:

(1) select an outside advisor; or

(2) request the institution to provide an independent

advisor.

(b) An institution of higher education shall provide to a

student notice regarding the right to be assisted by an advisor

under this section together with notice of the initiation of

disciplinary charges.

(c) An institution of higher education may provide an

independent advisor to a student under Subsection (a)(2) through:

(1) a confidential respondent services coordinator;

(2) an agreement with a student-based peer support

program; or

(3) an agreement with an alumni-based support program.

(d) An institution of higher education shall provide to an

advisor selected or requested by a student under Subsection (a):

(1) training on the disciplinary process relating to

the disciplinary charges; and

(2) with the student's written consent, updates on the

disciplinary process.

(e) An advisor selected or requested by a student under

Subsection (a) shall participate in the disciplinary process as an

advocate for the student or, if applicable, as an advisor for the

student under Title IX of the Education Amendments of 1972 (20

U.S.C. Section 1681 et seq.).

Sec. 51.505. COMPLIANCE REQUIRED. An institution of higher

education may not take disciplinary action against a student

currently or formerly enrolled at the institution unless the

institution's disciplinary process complied with this subchapter.

Sec. 51.506. CIVIL ACTION. (a) A person adversely affected

by an institution of higher education's failure to comply with this

subchapter may bring an action for declaratory or injunctive relief

and any other relief authorized by law against the institution.

(b) An institution of higher education's sovereign immunity

to suit and from liability is waived and abolished to the extent of

liability created under this section.

SECTION 2. Subchapter J, Chapter 51, Education Code, as

added by this Act, applies beginning with the 2027 fall semester.

SECTION 3. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2027.