UPDATE! DUE PROCESS Rights Afforded To Arizona Students Under 2018 Legislation
In 2018, Arizona enacted HB 2563 (now Ariz. Rev. Stat. § 15-1866), a bill on campus free speech that FIRE criticized for missing the mark in some key respects. FIRE’s analysis of the bill focused exclusively on the aspects of the legislation that affected students’ free speech rights. We recently revisited the bill’s language and found that the final version, while still flawed on free speech grounds, greatly expanded the procedural safeguards guaranteed to students enrolled at public institutions of higher education who are accused of misconduct. We are pleased to belatedly report on the robust procedural protections provided by the statute.
In all disciplinary proceedings involving students, a student is entitled to a disciplinary hearing under published procedures that include, at a minimum, all of the following:
(a) The right to receive advanced written notice of the allegations.
(b) The right to review the evidence in support of the allegations.
(c) The right to confront witnesses who testify against that student.
(d) The right to present a defense.
(e) The right to call witnesses.
(f) A decision by an impartial person or panel.
(g) The right to appeal.
(h) If either a suspension of more than thirty days or expulsion is a potential consequence of a disciplinary proceeding under this section, the right to active assistance of counsel.
This is an incredibly important development that Arizona students need to be aware of, so they can fully exercise their rights.
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