Sec. 2. (a) As used in this chapter, “petitioner” means any of the following:

(1) A student of an institution.

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Terms Used In Indiana Code 21-39.5-6-2

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • petitioner: means any of the following:

    Indiana Code 21-39.5-6-2

(2) An employee of an institution.

     (b) After completing any applicable complaint process established by the institution regarding a violation of this article, a petitioner may request that the commission for higher education review the institution’s final decision under the following circumstances:

(1) A procedural defect materially affected the institution’s final decision.

(2) New evidence that materially affects the institution’s final decision and was not reasonably available at the time the final decision was rendered becomes available.

(3) The institution’s investigator had a conflict of interest or bias concerning the petitioner that materially affected the institution’s final decision.

(4) The petitioner believes the institution disregarded law in rendering a final decision.

     (c) The commission for higher education shall review the request submitted under subsection (b) and issue a final opinion regarding the request not later than sixty (60) days after the date that the commission for higher education receives the request.

     (d) The commission for higher education may enter into an agreement with the office of administrative law proceedings established by IC 4-15-10.5 to carry out this section.

As added by P.L.113-2024, SEC.11.