Report to Faculty Senate 11.11.15
Report Items:


The Arkansas State Legislature passed state law HB 1892 in May, 2015. This law states:
o “A student enrolled at a state-supported institution of higher education who has
received a suspension of ten (10) or more days or an expulsion may request a
disciplinary appeal proceeding and choose to be represented at the student’s expense
by a licensed attorney or, if the student prefers, a non-attorney advocate who, in either
case, may fully participate during the disciplinary appeal proceeding”
o Based on this appropriated changes were made to the Code of Student Life to reflect
this institutional obligation.
The Violence Against Women Reauthorization Act (“VAWA”), which President Obama signed
into law on March 7, 2015 imposed new obligations on colleges and universities under its
Campus Sexual Violence Act (“SaVE Act”) provision, Section 304. Those refined and clarified, and
to some extent changed, existing legal requirements and required revision of institutional policy
and practice. Under VAWA, colleges and universities are required to:
o Report domestic violence, dating violence, and stalking, beyond crime categories the
Clery Act already mandates
o Adopt certain student discipline procedures, such as for notifying purported victims of
their rights
o Adopt certain institutional policies to address and prevent campus sexual violence, such
as to train in particular respects pertinent institutional personnel.
o Based on this appropriate changes were made to the Code of Student life to be in
compliance with this provision of the federal law.
Voting Items:
1. Redline Comment #2: New Policy regarding Prostitution and Solicitation due to 4 cases of this
nature occurring during the 2014-2015 school year.
2. Redline Comment #3: Clarifying Language regarding investigation of non-Title IX vs Title IX
matters.
3. Redline Comment #5: Clarification regarding the investigation and adjudication procedures for
student offenders of Sexual Assault, Sexual Harassment, Domestic/Dating Violence, and Stalking
when the victim is a NON-Student (i.e. is not Title IX).
4. Redline Comment #9: Revision to the appeal procedures for length of time a student has to
prepare and submit and appeal (3 business days, changed from 5 business days) per the
Chancellor and VPSA’s request.
5. Redline Comment #10: New Policy language to reflect current practice and best practice
regarding amnesty from charges for victims reporting Title IX matters.
6. Redline Comment #11: Footnote providing clarifying language regarding the protection of and
release of educational records consistent with FERPA in Title IX cases.
7. Redline Comment #12: Revision to appeal procedures changing Conduct Probation cases to a
Level 1 instead of Level 2. This was proposed and approved by the Committee for the Code of
Conduct and Academic Integrity, but the revision was accidentally left of the redline document
and therefore not voted on by the full senate.