R765-801. Student Due Process, R765. Regents (Board of), Administration, Utah Administrative Code

Utah Administrative Code (Current through November 1, 2019)

R765. Regents (Board of), Administration

R765-801-1. Purpose

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(1) In accordance with Title 53B, Chapter 27, Part 3, Campus Civil Liberties Protection Act, this rule establishes general elements of due process that institutions must provide to a student prior to being expelled or suspended for 10 days or more for non-academic code of conduct violations.

R765-801-2. References

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(1) United States Constitution, Amendment 14, Due Process.

(2) Utah Constitution, Article 1, Section 7, Due Process of Law.

(3) Title 53B, Chapter 27, Part 3, Campus Civil Liberties Protection Act.

R765-801-3. General Rights of Due Process

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(1) In matters of non-academic conduct that may result in either expulsion or a minimum 10-day suspension, institutions will provide students the following minimum due process:

(a) Notice: Prior to being interviewed about allegations of misconduct, the institution shall provide students with notice of the allegations against them and of their right to have an advisor throughout the process who may, but need not be, an attorney.

(i) During an inquiry, investigation, or other informal process, an advisor may only advise the student and may not actively participate in the investigation or informal process.

(b) Explanation of the evidence: Prior to a formal hearing, unless prohibited by reasonable circumstances, each party shall provide to the hearing committee chair (or hearing officer) copies of the documents they intend to submit as evidence and a list of witnesses they intend to call during the formal hearing. This information will be shared with both parties. In all circumstances, including informal processes, institutions will provide students an explanation of the evidence against them.

(c) Opportunity to respond: Institutions will provide students an opportunity for a full hearing at which they can respond to the allegations and evidence against them. With the agreement of all parties, institutions may also provide an informal hearing or opportunity to respond or an agreed upon informal resolution.

(i) At formal adjudicatory hearings, students may have an advisor advocate for them. The student's advisor may be an attorney. The student's advisor may actively participate in the hearing in accordance with the institution's policies regarding active participation.

R765-801-4. Standard of Proof

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Students are presumed not to have engaged in a Code of Conduct violation until an institution has established a violation by a preponderance of the evidence.

R765-801-5. Incorporations of Institutions' Policies

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Institutions have adopted the following policies that are incorporated by reference within this rule:

(1) Utah State University.

(a) Policy 305, Discrimination Complaints (May 6, 2016).

(b) Student Code Article VIII (April 10, 2009).

(2) Weber State University.

(a) PPM 6-22, Student Code (September 13, 2018).

(3) University of Utah.

(a) Policy 6-400, Code of Student Rights and Responsibilities, Sections III(C), VI (C) (July 9, 2009).

(b) Rule 1-012A, Discrimination Complaint Process Rule (February 14, 2017).

(d) Procedure 1-012, Discrimination Hearing Procedure (February 14, 2017).

(4) Utah Valley University.

(a) 162 Sexual Misconduct (June 18, 2019).

(b) 165 Discrimination, Harassment, and Affirmative Action (June 18, 2019).

(d) 541 Student Code of Conduct (November 29, 2018).

(5) Snow College.

(a) Student Rights and Responsibilities (May 31, 2019).

(6) Southern Utah University.

(a) Policy 11.2, Student Code of Conduct (April 29, 2016).

(7) Dixie State University.

(a) 154, Title IX, Harassment and Nondiscrimination (September 1, 2016).

(b) 552, Student Rights and Responsibilities (April 28, 2017).