Protect Campus Survivors Act.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 195

Short Title: Protect Campus Survivors Act. (Public)
Sponsors: Senators Lee, Galey, and Overcash (Primary Sponsors).
Referred to: Rules and Operations of the Senate
March 3, 2025
*S195-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO EXEMPT PER SONALLY IDENTIFIABLE STUDENT DISCIPLINAR Y 2
RECORDS AT PUBLIC IN STITUTIONS OF HIGHER EDUCATION FROM THE 3
PUBLIC RECORDS ACT. 4
The General Assembly of North Carolina enacts: 5
SECTION 1.(a) G.S. 116-43.17 reads as rewritten: 6
"§ 116-43.17. Confidentiality of research data, records, and information of a proprietary 7
nature.certain records. 8
(a) Definitions. – The following definitions shall apply in this section: 9
(1) Personally identifiable information. – Any of the following information: 10
a. The name of a student. 11
b. The name of the parent or other family member of a student. 12
c. The address of a student or the student's family. 13
d. Any personal identifier for a student, including social security number, 14
student number, or biometric record. 15
e. Any indirect identifier for a student, including date of birth , place of 16
birth, or mother's maiden name. 17
f. Any other information , alone or in combination, that is linked or 18
linkable to a specific student and that would allow a reasonable person 19
in the community of the public institution of higher education where 20
the student attends , who does not have personal knowledge of the 21
relevant circumstances , to identify the student with reasonable 22
certainty. 23
g. Any information requested by a person who the public institution of 24
higher education reasonably believes knows the identity of the student 25
to whom the information relates. 26
(2) Personally identifiable student disciplinary records. – Any records, including 27
materials that are described in G.S. 132-1(a), that meet all of the following 28
criteria: 29
a. Are made, received, or maintained by a public institution of higher 30
education. 31
b. Contain personally identifiable information of or about a student. 32
c. Are related to a complaint, investigation, or resolution of an alleged 33
violation of or noncompliance with the disciplinary or conduct rules 34
or other policy of a public institution of higher education. 35
(3) Public institution of higher education. – Any of the following: 36
General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 195-First Edition
a. The University of North Carolina. 1
b. A constituent institution of The University of North Carolina, as 2
defined in G.S. 116-2(4), that is an institution of higher education. 3
c. The Community Colleges System Office, as defined in G.S. 115D-3. 4
d. A community college, as defined in G.S. 115D-2(2). 5
(4) Student. – Any individual (i) who attends or has attended a public institution 6
of higher education and (ii) about whom the public institution of higher 7
education maintains records. 8
(b) Confidentiality of Certain Records. – The following are not public records under 9
Chapter 132 of the General Statutes: 10
(1) Research data, records, or information of a proprietary nature, produced or 11
collected by or for state institutions of higher learning in the conduct of 12
commercial, scientific, or technical research where the data, records, or 13
information has not been patented, published, or copyrighted are not public 14
records as defined by G.S. 132-1.copyrighted. 15
(2) Personally identifiable s tudent disciplinary records, even if release of the 16
records would be permitted by the Family Educational Rights and Privacy 17
Act, 20 U.S.C. § 1232g (34 C.F.R. Part 99) . Nothing in this subdivision is 18
intended to limit the disclosure of public records that do not contain personally 19
identifiable information." 20
SECTION 1.(b) G.S. 115D-78 reads as rewritten: 21
"§ 115D -78. Access to information and public records; small business counseling 22
information. 23
(a) In accordance with Chapter 132 of the General Statutes, all rules, regulations and 24
public recor ds of the State Board of Community Colleges, the Community Colleges System 25
Office, and local boards of trustees shall be available for examination and reproduction on 26
payment of fees by any person. 27
(a1) As provided in G.S. 116-43.17, personally identifiable student disciplinary records 28
are not public records under Chapter 132 of the General Statutes. 29
…." 30
SECTION 1.(c) G.S. 132-1.2 reads as rewritten: 31
"§ 132-1.2. Confidential information. 32
Nothing in this Chapter shall be construed to require or authorize a public agency or its 33
subdivision to disclose any information that: 34
… 35
(11) Reveals personally identifiable student disciplinary records in violation of 36
G.S. 116-43.17." 37
SECTION 2. This act is effective when it becomes law and applies to requests for 38
personally identifiable student disciplinary records submitted on or after that date. 39