AB553,,6161(d) “Organization” means a student organization, employee organization, or independent organization that is officially recognized by an institution. AB553,,6262(2) Due process guarantees. (a) A student who has enrolled in an institution has a property interest in maintaining the student’s status as a student that may be terminated against the student’s will only for due cause, including failure to meet academic standards, failure to pay academic fees, tuition, or other costs required for continued enrollment, failure to meet the institution’s attendance requirements, or a violation of the institution’s conduct rules. A student who is accused of a violation of disciplinary or conduct rules that carries a potential penalty of suspension of more than 9 days or expulsion shall have the right to be represented, at the student’s expense, by a licensed attorney or, if the student prefers, a non-attorney advocate, who shall be permitted to fully participate during the disciplinary proceeding. AB553,,6363(b) In addition to any substantive or procedural rights set forth in an employee’s employment contract, an employee who is accused of a violation of disciplinary or conduct rules shall have the right to be represented, at the employee’s expense, by a licensed attorney or, if the employee prefers, a non-attorney advocate, who shall be permitted to fully participate during the disciplinary proceeding. AB553,,6464(c) An organization that is accused of a violation of disciplinary or conduct rules shall have the right to be represented, at the organization’s expense, by a licensed attorney or, if the organization prefers, a non-attorney advocate, who shall be permitted to fully participate during the disciplinary proceeding. AB553,,6565(d) If a disciplinary proceeding arises from a complaint by a student against a student, employee, or organization, the complaining student shall also have the right to be represented, at that student’s expense, by a licensed attorney or, if the complaining student prefers, a non-attorney advocate. AB553,,6666(e) Prior to initiating a disciplinary proceeding or investigation, an institution shall notify the student, employee, or organization that a complaint has been made and inform the student, employee, or organization of his, her, or its due process rights. AB553,,6767(f) In a disciplinary proceeding, an institution is not obligated to follow the state’s rules of evidence but shall make a good faith effort to include only relevant, probative evidence and shall exclude evidence that is neither relevant nor probative. AB553,,6868(g) Before a disciplinary proceeding is scheduled, and at least 2 business days before a student, employee, or organization may be questioned by an institution or agent of the institution about allegations of violations of the institution’s disciplinary or conduct rules, the institution shall advise the student, employee, or organization in writing of the student’s, employee’s, or organization’s rights under this subsection. AB553,,6969(h) The right of a student, employee, or organization to be represented by an attorney or a non-attorney advocate applies until the conclusion of any appellate process. AB553,,7070(i) An institution shall ensure that all parties to a disciplinary proceeding, including the accused student, the accused employee, the accused organization, and, if applicable, the accusing student, have access to all material evidence, including both inculpatory and exculpatory evidence, not later than one week prior to the start of any formal hearing or similar adjudicatory proceeding. This evidence may include complainant statements, 3rd-party witness statements, electronically stored information, written communications, social media posts, and demonstrative evidence but may not include any materials that are privileged under applicable federal or state law. AB553,,7171(j) An institution shall ensure that a disciplinary proceeding is carried out free from conflicts of interest by prohibiting overlap of administrative or adjudicative roles. An individual may not serve in more than one of the following roles: AB553,,72721. Counselor or advocate of the accuser or victim. AB553,,73732. Investigator. AB553,,74743. Hearing panel member. AB553,,75754. Institutional prosecutor. AB553,,76765. Adjudicator. AB553,,77776. Appellate adjudicator. AB553,,7878(k) This subsection does not affect the obligation of an institution to provide equivalent rights to a student who is the accuser or victim in the disciplinary proceeding, including equivalent opportunities to have others present and fully participate during the disciplinary proceeding, to not limit the choice of attorney or non-attorney advocate in any meeting or in the disciplinary proceeding, and to provide simultaneous notification of the institution’s procedures for the accused and the accuser or victim to appeal the result of the disciplinary proceeding. AB553,,7979(L) Nothing in this subsection shall prevent the temporary suspension of a student, employee, or organization pending an investigation. AB553,,8080(3) Penalties. (a) An institution that violates this section more than once in a 10-year period is ineligible for allocation of grants under s. 39.435, except grants awarded under s. 39.435 (2) or (5), for a period of no less than one fiscal year. AB553,,8181(b) In addition to the period of ineligibility under par. (a), if an institution’s administrator causes the violation of this section, the institution is not eligible for allocation of grants under s. 39.435, except grants awarded under s. 39.435 (2) or (5), until the administrator is permanently removed from his or her administrative role. AB553,,8282(c) The penalties under this subsection apply if any of the following find, on the basis of a preponderance of the evidence, that the institution violated this section: AB553,,83831. A state or federal court in this state. AB553,,84842. The higher educational aids board. AB553,,85853. Any standing committee of the legislature having jurisdiction over matters relating to higher education. AB553,486Section 4. 38.04 (7m) of the statutes is amended to read: AB553,,878738.04 (7m) Financial aids. By February 10 of each year, the board shall develop and submit to the higher educational aids board for its review under s. 39.285 (1) a proposed formula for the awarding of grants under s. 39.435, except for grants awarded under s. 39.435 (2) or (5), for the next fiscal year to students enrolled in the technical colleges. The proposed formula shall take into consideration any technical college’s loss of funding allocation under s. 38.35 (3) (a) and (b). AB553,588Section 5. 38.34 of the statutes is created to read: AB553,,898938.34 Campus free speech and academic freedom. (1) Definitions. In this section: