South Carolina H 3486: Student and Administration Equality Act

Bill Text

2025-2026 Bill 3486 Text of Previous Version (Dec. 06, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3486

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE 
"STUDENT AND ADMINISTRATION EQUALITY ACT; BY ADDING ARTICLE 4 TO CHAPTER 101, 
TITLE 59 SO AS TO DEFINE NECESSARY TERMS, TO PROVIDE REQUIREMENTS AND PROCEDURES 
CONCERNING STUDENT AND STUDENT ORGANIZATION DISCIPLINARY MATTERS AT PUBLIC 
INSTITUTIONS OF HIGHER LEARNING, AND TO MAKE THESE PROVISIONS APPLICABLE TO 
DISCIPLINARY PROCEEDINGS BEGINNING ON OR AFTER THE EFFECTIVE DATE OF THIS ACT.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. This act may be cited as the "Student and Administration Equality Act."

SECTION 2. Chapter 101, Title 59 of the S.C. Code is amended by 
adding:

Article 4

Student and Administration Equality

 Section 
59-101-810. For purposes of this article:

 (1) 
"Disciplinary proceeding" means an investigatory interview or hearing, or 
another procedure conducted by the public institution of higher learning 
relating to the alleged violation that the student or student organization 
reasonably believes may result in disciplinary action against the student or 
student organization.

 (2) 
"Fully participate" means the opportunity to be present, make opening and 
closing statements, to examine and cross-examine witnesses, and to provide the 
accuser or accused student or student organization with support, guidance, and 
advice. This article does not require an institution of higher learning to use 
formal rules of evidence in disciplinary proceedings. The institution, however, 
shall make good faith efforts to include relevant evidence and exclude evidence 
that is neither relevant nor probative.

 (3) 
"Public institution of higher learning" or "institution" means those public 
institutions defined in Section 59-103-5.

 Section 
59-101-820. (A) The institution 
shall maintain an administrative file of all disciplinary proceedings. The file 
shall include all documents and evidence in the institution's possession or 
control relevant to the alleged violation and the institution's investigation including, 
but not limited to exculpatory evidence, statements by the accuser and accused 
student, third-party witness statements, electronically-stored information, 
written communications, social media posts, demonstrative evidence, documents 
submitted by any participant, and the institution's choice of a video 
recording, audio recording, or transcript of any disciplinary hearing 
ultimately held in the matter. The file may not include privileged documents or 
internal memorandums that the institution does not intend to introduce as 
evidence at a hearing on the matter.

 (B) 
The code of student conduct at each public institution of higher learning must 
include the following disciplinary rights and procedures for a student enrolled 
at an institution of higher learning who is accused of violating the 
nonacademic disciplinary or conduct rules that carry a potential penalty of a 
suspension of ten or more days or expulsion and a student organization 
officially recognized by a public institution of higher learning that is 
accused of a violation that is punishable by suspension or removal of the 
student organization from the institution:

 (1) 
The right to be represented at the student's or the student organization's 
expense by an attorney or, if the student or student organization prefers, by a 
nonattorney advocate, who in either case may fully anticipate during the 
disciplinary procedure or other procedure adopted and used by the public 
institution of higher learning except as provided under subsection (C). The 
right of the student or the student organization to be represented, at the 
student's or the student organization's expense, by the student's or the 
student organization's choice of either an attorney or a nonattorney advocate, 
also applies until the conclusion of any campus appellate process.

 (2) 
The express presumption of innocence and that the accused student or the 
student organization may not be considered guilty of the violation until the 
accused student or the student organization formally acknowledges 
responsibility or the conclusion of a hearing in which the institution has 
established every element of the alleged violation.

 (3) 
The right to a live hearing and the right to:

 (a) 
be present at a hearing;

 (b) 
make an opening and closing statement;

 (c) 
present relevant evidence; and

 (d) 
cross-examine adverse witnesses through counsel or, at the student or student 
organization's sole discretion, a nonattorney advocate. If the student or 
student organization does not have counsel or a nonattorney advocate to conduct 
the cross-examina