Kentucky Law Seeks to Provide Students with Due Process Protections and Right to Appeal

The Kentucky Campus Due Process Protection Act (House Bill 290), signed into law on April 8, 2022, aims to provide procedural protections for students at public colleges and universities who are accused of violating an institution's code of conduct and face disciplinary proceedings. In addition to mandating due process requirements for Kentucky's public institutions of higher learning, the Act includes a cause of action to challenge a final campus decision in state court.

Since disciplinary procedures at postsecondary educational institutions have moved beyond pranks and cheating to also cover offenses like rape and drug dealing, Kentucky legislators hope HB 290 will establish fair, consistent, and predictable procedures across the state's public colleges. The goal is to create a common playbook for schools to handle student disciplinary actions, including the investigation of alleged offenses. The new state law, which applies to public postsecondary schools and their students, brings state-wide due process safeguards to school policies and procedures that are otherwise highly individualized.

New Kentucky Law Guarantees Broad Procedural Protections for Students

The Kentucky Campus Due Process Protection Act guarantees public school students procedural protections in school disciplinary proceedings, including the rights to:

  • Be presumed innocent until proven otherwise
  • Timely, written notice of the allegations
  • Hire legal representation by an attorney or advisor
  • Be present and participate meaningfully
  • Present evidence
  • Cross-examine adverse parties and witnesses
  • Access all of the evidence in the institution's possession
  • Appeal the results in state court

Students Accused of Code of Conduct Violations Face Serious Risks

The Kentucky Campus Due Process Protection Act seeks to protect students accused of school code of conduct violations because students work too hard to earn their college degrees to put them in jeopardy when campus proceedings heavily favor the school. Students accused of violations face potentially life-altering sanctions like suspension (usually the minimum punishment for code of conduct violations), expulsion, and termination of college housing. These consequences can jeopardize employment and career opportunities and cost students' families thousands of dollars in college tuition and housing.

Attorney-Advisor Joseph Lento Provides Experienced Representation for Students in School Disciplinary Actions and Appeals

If you're a student facing an alleged disciplinary violation, you're entitled to the meaningful opportunity to defend yourself. Joseph D. Lento is an experienced advisor with many years specializing in student defense in school disciplinary actions and appeals. The Lento Law Firm represents students nationwide so you don't have to navigate the shifting rules and complex school bureaucracy alone. If you're a student or parent of a student facing school disciplinary proceedings or seeking to appeal a school decision, contact the Lento Law Firm online or call 888-535-3686.

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If you, or your student, are facing any kind of disciplinary action, or other negative academic sanction, and are having feelings of uncertainty and anxiety for what the future may hold, contact the Lento Law Firm today, and let us help secure your academic career.

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