§ 16-81-1 - Right to a safe school. - Rhode Island Statutes

SECTION 16-81-1

   § 16-81-1  Right to a safe school. –(a) Each student, staff member, teacher, and administrator has a right toattend and/or work in an institution of higher education which is safe andsecure and which is conducive to learning, and which is free from the threat,actual or implied, of physical harm by a disruptive student. A disruptivestudent is a person who exhibits persistent conduct, which substantiallyimpedes the ability of other students to learn or otherwise substantiallyinterferes with the rights stated above, and who has failed to respond tocorrective and rehabilitative measures presented by staff, teachers, oradministrators.

   (b) The governing body as designated by each institution ofhigher education may suspend or expel all students found guilty of this conductor where a student represents a threat to those rights of students, teachers,or administrators, as described in subsection (a). Nothing in this sectionshall relieve the institution of higher education from following all proceduresrequired by state and federal law regarding discipline of students withdisabilities.

   (c) Any decision of the designated governing body shall besubject to appeal by the student as provided by the rules and regulations ofeach institution of higher education. These procedures shall assure due processwhich shall include at a minimum time-lines for a prompt hearing; adequatenotice to the student stating the rule allegedly violated and giving a specificdescription of the incident and evidence that will be used against the student;an opportunity prior to the hearings to review any evidence supporting theallegation; an impartial decision maker or team of decision makers; a right toconfront and cross-examine witnesses; the opportunity to be represented bycounsel; and a written decision setting forth clearly the grounds for theaction of the school.