HB 122

This bill would require each board of trustees of a four-year college and the Board of Trustees of the Alabama Community College System to develop a comprehensive policy requiring students be notified that they have the right to remain silent in response to any questions about potential criminal conduct under investigation

Relating to public institutions of higher education; to require each board of trustees of a four-year college or university and the Board of Trustees of the Alabama Community College System to develop a comprehensive policy requiring students be notified that they have the right to remain silent in response to any questions about potential criminal conduct under investigation.

Section 1

(a) On or before January 1, 2019, the boards of trustees of each public four-year college or university and the Board of Trustees of the Alabama Community College System shall adopt a comprehensive policy requiring students be notified that they have the right to remain silent in response to any questions about potential criminal conduct under investigation and that silence will not tend to be self-incriminating. (b) The comprehensive policy shall be implemented beginning with the 2020-2021 school year; and at a minimum, shall contain the following components: (1) Application to school officials questioning students about potential criminal conduct subject to disciplinary proceedings. (2) Guidelines that instruct the disciplinary adjudicators to not draw any inference from a refusal to answer questions. (3) Guidelines that allow a student to have an attorney actively participate in disciplinary hearings.

Section 2

It is the intent of the Legislature that constitutionally created boards of trustees comply with the requirements of this act.

Section 3

This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.