HOUSE OF REPRESENTATIVES

H.B. NO.

2212

TWENTY-EIGHTH LEGISLATURE, 2016

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to the University of Hawaii.

 

 

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

 


     SECTION 1.  Chapter 304A, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:

     "§304A-     Student due process.  (a)  Any student enrolled in the university may be represented, at the student's expense, by an attorney or non-attorney advocate in a non-academic disciplinary hearing or appeal that could result in suspension or expulsion from the university.

     (b)  This section shall apply to all students involved in a disciplinary hearing or appeal used to address an alleged violation of the university's rules or policies, whether the student is accused, an accuser, or a victim.  This section shall not apply to matters involving academic misconduct.

     (c)  During a non-academic disciplinary hearing or appeal, a student's attorney or non-attorney advocate shall be permitted to:

     (1)  Be present;

     (2)  Speak on behalf of the student; and

     (3)  Provide advice, guidance, or support to the student.

     (d)  The university shall inform students in writing of their rights under this section."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

University of Hawaii; Students; Due Process

 

Description:

Provides that an attorney or a non-attorney advocate may represent a student during non-academic disciplinary hearings or appeals that could result in suspension or expulsion.

 

 

 

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