HB4726 104TH GENERAL ASSEMBLY

LRB104 17648 LNS 31079 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4726

Introduced , by Rep. Gregg Johnson

SYNOPSIS AS INTRODUCED:

110 ILCS 167/12 new

Amends the Public Higher Education Act. Provides that a public institution of higher education shall permit a student who is subject to a disciplinary proceeding to be assisted by an advocate of the student's choosing or, upon request, by an advocate provided by the public institution of higher education. Requires any written notice initiating a disciplinary proceeding to include a clear and conspicuous statement informing the student of the student's right to be assisted by an advocate. Provides that if a student does not have an advocate, the public institution of higher education shall make a reasonable effort to provide the student with access to an advocate. Provides that an advocate participating in a disciplinary proceeding shall receive training on the public institution of higher education's disciplinary procedures. Allows an advocate, with the consent of the student, to receive communications regarding the status of the disciplinary proceeding concurrently with the student and participate in meetings or hearings related to the disciplinary proceeding in a supportive capacity. Sets forth limitations. Allows the Board of Higher Education to adopt any rules necessary to implement the provisions.

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Public Higher Education Act is amended by adding Section 12 as follows:

(110 ILCS 167/12 new)

Sec. 12. Student disciplinary advocate.

(a) As used in this Section:

"Advocate" means an individual who assists a student during a disciplinary proceeding.

"Disciplinary proceeding" means any institutional process initiated by a public institution of higher education to address alleged violations of the public institution of higher education's code of conduct or academic policies that may result in probation, suspension, dismissal, or other disciplinary sanctions.

(b) A public institution of higher education shall permit a student who is subject to a disciplinary proceeding to be assisted by an advocate of the student's choosing or, upon request, by an advocate provided by the public institution of higher education.

(c) Any written notice initiating a disciplinary proceeding shall include a clear and conspicuous statement informing the student of the student's right to be assisted by an advocate under this Section.

(d) If a student does not have an advocate, the public institution of higher education shall make a reasonable effort to provide the student with access to an advocate, which may include, but is not limited to:

(1) a trained student-support coordinator or case manager;

(2) an employee or volunteer affiliated with a campus support program; or

(3) an individual affiliated with an alumni, peer support, or wellness organization.

(e) An advocate participating in a disciplinary proceeding under this Section shall receive training on the public institution of higher education's disciplinary procedures, which may be provided in person or electronically and shall include an overview of relevant timelines, processes, and student rights.

(f) With the written consent of the student, an advocate may:

(1) receive communications regarding the status of the disciplinary proceeding concurrently with the student; and

(2) participate in meetings or hearings related to the disciplinary proceeding in a supportive capacity, consistent with institutional policies and applicable law.

(g) Nothing in this Section shall be construed to:

(1) require a public institution of higher education to permit an advocate to act as legal counsel, unless otherwise required by law;

(2) alter existing standards of evidence or adjudication; or

(3) create a private right of action against a public institution of higher education.

(h) The Board of Higher Education may adopt any rules necessary to implement this Section.