SB365

Senate Bill 365, the 'Arkansas Student Due Process and Protection Act,' establishes mandatory procedural protections for students facing disciplinary proceedings at public two-year and four-year higher education institutions in Arkansas. The act applies specifically to 'serious violations'—nonacademic rule infractions that could result in suspension or expulsion—and explicitly excludes academic dishonesty. Key protections include the right to be represented by an attorney or non-attorney advocate at the student's expense, the presumption of innocence until proven guilty, and the right to a live hearing with the opportunity to cross-examine adverse witnesses. Institutions are required to maintain an administrative file of all relevant evidence, including exculpatory materials, and grant the accused student access to this file. The bill also mandates that disciplinary proceedings be free from conflicts of interest by prohibiting the commingling of investigative and adjudicative roles. Furthermore, it provides for an appeals process to an independent institutional body and ensures that complainants in student-versus-student cases have similar representation rights. Institutions are not required to pay for the legal or advocacy expenses incurred by students.