SENATE DOCKET, NO. 1594        FILED ON: 1/18/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 747

The Commonwealth of Massachusetts

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PRESENTED BY:

Adam G. Hinds

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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 disciplinary notations on college transcripts.

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PETITION OF:

SENATE DOCKET, NO. 1594        FILED ON: 1/18/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 747

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act relative to disciplinary notations on college transcripts.

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. Chapter 6 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by adding the following section:-

Section 168D. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:

“Clery Act”, the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime 93 Statistics Act, 20 U.S.C. § 1092(f).

“Crimes of violence”, as defined by the Clery Act, 20 U.S.C. § 1092(f)(1)(F)(i)(I)-(VIII)

“Institution of higher education” or “institution”, any public or private, profit or nonprofit, degree-granting educational institution, which is authorized by law to provide a program of education beyond the secondary school level in the Commonwealth.

“Title IX Coordinator”, or a designee, who is responsible for administering and maintaining an institution’s compliance with Title IX, relative to complaints of sex discrimination, sexual harassment or sexual violence.

“Transcript”, official and unofficial student academic transcripts.

(b) Each institution of higher education shall adopt policies on academic transcript notations and appeals relating to crimes of violence, including, but not limited to, sexual violence, that shall be made publicly available by publishing the policy on an institution’s website and by annually providing a copy of said policies to students, faculty and staff. Said policies shall be developed in coordination with the Title IX Coordinator of the institution and annually updated by the institution.

(c) Upon commencement of any disciplinary proceedings conducted by the institution against a student alleged to have committed a crime of violence, and until a resolution is reached at the close of disciplinary proceedings, the office responsible for maintaining student academic records of the institution shall include a prominent and temporary notation on the academic transcript of the student.

(1)The notation shall state the specific violation in the institution’s code, rules or set of standards governing crimes of violence that the student was alleged to have committed and

(2) that final resolution of the specified violation is pending subject to disciplinary proceedings of the institution.

(d) Upon final resolution of any disciplinary proceedings conducted by the institution against a student alleged to have committed a crime of violence, the office responsible for maintaining student academic records of the institution shall include a prominent and permanent notation on the student’s academic transcript.

(1) The notation shall state the specific violation in the institution’s code, rules or set of standards governing crimes of violence or, if the student withdrew from the institution while under investigation, was alleged to have committed, and

(2) whether such student was suspended, expelled or permanently dismissed for such violation or whether such student withdrew from the institution while under investigation for such violation.

(3) Should a student be subsequently found not to have violated the institution’s code, rules, or set of standards governing crimes of violence, notations relating to the allegations shall be removed from the student’s transcript.

(f) Each institution shall:

(1) reasonably notify each student that any such suspension, expulsion, dismissal or withdrawal relating to a crime of violence will be documented on the student’s academic transcript and

(2) adopt a procedure for removing such notation from the academic transcript of any student who is subsequently found not to have violated the institution’s code, rules, or set of standards governing crimes of violence.

(g) The provisions of this section shall apply to crimes of violence allegedly committed on campus, off campus, or while studying abroad.