§ 16-81-1. Right to a safe school.
(a) Each student, staff member, teacher, and administrator has a right to attend and/or
work in an institution of higher education which is safe and secure and which is conducive
to learning, and which is free from the threat, actual or implied, of physical harm
by a disruptive student. A disruptive student is a person who exhibits persistent
conduct, which substantially impedes the ability of other students to learn or otherwise
substantially interferes with the rights stated above, and who has failed to respond
to corrective and rehabilitative measures presented by staff, teachers, or administrators.
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§ 16-81-1. Right to a safe school.
(a) Each student, staff member, teacher, and administrator has a right to attend and/or
work in an institution of higher education which is safe and secure and which is conducive
to learning, and which is free from the threat, actual or implied, of physical harm
by a disruptive student. A disruptive student is a person who exhibits persistent
conduct, which substantially impedes the ability of other students to learn or otherwise
substantially interferes with the rights stated above, and who has failed to respond
to corrective and rehabilitative measures presented by staff, teachers, or administrators.
(b) The governing body as designated by each institution of higher education may suspend
or expel all students found guilty of this conduct or where a student represents a
threat to those rights of students, teachers, or administrators, as described in subsection
(a). Nothing in this section shall relieve the institution of higher education from
following all procedures required by state and federal law regarding discipline of
students with disabilities.
(c) Any decision of the designated governing body shall be subject to appeal by the student
as provided by the rules and regulations of each institution of higher education.
These procedures shall assure due process which shall include at a minimum time-lines
for a prompt hearing; adequate notice to the student stating the rule allegedly violated
and giving a specific description of the incident and evidence that will be used against
the student; an opportunity prior to the hearings to review any evidence supporting
the allegation; an impartial decision maker or team of decision makers; a right to
confront and cross-examine witnesses; the opportunity to be represented by counsel;
and a written decision setting forth clearly the grounds for the action of the school.