HOUSE DOCKET, NO. 3982        FILED ON: 12/9/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3942

 

The Commonwealth of Massachusetts

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PRESENTED BY:

Cleon H. Turner

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to student’s rights in higher education.

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PETITION OF:

 

Name:

District/Address:

Date Added:

Cleon H. Turner

1st Barnstable

12/9/2013

Susan Williams Gifford

2nd Plymouth

12/9/2013

Patricia D. Jehlen

Second Middlesex

12/9/2013

Jason M. Lewis

Fifth Middlesex

12/10/2013

Kay Khan

11th Middlesex

12/12/2013

James R. Miceli

19th Middlesex

12/16/2013


HOUSE DOCKET, NO. 3982        FILED ON: 12/9/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3942

By Mr. Turner of Dennis, a petition (subject to Joint Rule 12) of Cleon H. Turner and others for legislation to require post secondary institutions to inform students of their right to call their parents and their right to an attorney in the event of a disciplinary hearing that may result in expulsion.  Higher Education.

 

The Commonwealth of Massachusetts

 

_______________

In the Year Two Thousand Thirteen

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An Act relative to student’s rights in higher education.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Prior to any disciplinary hearing to be held by a post secondary public or private educational institution in the commonwealth concerning a student which could result in the student being suspended or expelled, the administrator or disciplinarian of the educational institution shall inform the student that he or she has the right to call his or her parents while in the custody of campus police or a law enforcement component of any post secondary educational institution in the commonwealth, and to have an attorney present during any subsequent institutional disciplinary hearing.

SECTION 2. Notwithstanding any federal or state law or regulation or school policy or regulation to the contrary, the school administration or law enforcement component of any post secondary state or private educational institution in the commonwealth, conducting a criminal investigation or disciplinary hearing of any student or having referred any alleged criminal activity of a student to a federal, state or local law enforcement agency, a federal, prosecutor, district attorney or the state attorney general shall, upon discovering any exculpatory evidence related to such student suspect under investigation for or charged with a crime, immediately notify, in writing, such law enforcement agency, federal, prosecutor, district attorney or the state attorney general of the exculpatory evidence. Such notice shall be sent to the agency that has primary responsibility for the criminal matter at the time of the discovery of exculpatory evidence.

SECTION 3. Nothing in this section shall be deemed to prevent the temporary suspension of a student pending an investigation.