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Utah Administrative Code (Current through November 1, 2019) |
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R947. System of Technical Colleges (Utah), Bridgerland Technical College |
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R947-1. Student Grievance and Due Process |
| R947-1-1. Purpose |
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(1) In the course of technical training at Bridgerland Technical College (BTECH), the student will have the opportunity for contesting any evaluation made by Administration, faculty, or staff of the College in an appeal/grievance hearing, if so desired. In accordance with Title 53B, Chapter 27, Section 302, Campus Civil Liberties Protection Act, this rule establishes general elements of due process that must be provided to a student prior to being expelled or suspended for 10 days or more for non-academic code of conduct violations. |
| R947-1-2. 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, Section 302, Campus Civil Liberties Protection Act. (4) BTECH Policy 608 Student Grievance, approval date July 29, 2019. |
| R947-1-3. Definitions |
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(1) An appeal/grievance is a claim or charge of injustice or discrimination based upon an event or condition that affects the welfare or conditions of an individual student or group of students. (2) The grievance must be filed in writing within 90 days of the occurrence of the circumstance upon which it is based. (3) It must specifically identify the policy, procedure, or statute violated, misinterpreted, or inequitably applied. (4) It must furnish sufficient background concerning the alleged violation, misinterpretations, or inequitable applications to identify persons, actions, and/or omissions that led to the allegation. |
| R947-1-4. Standard of Proof |
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Students are presumed not to have engaged in a Code of Conduct violation until the college has established a violation by a preponderance of the evidence. |
| R947-1-5. 1. 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, the college will provide students the following minimum due process: (a) Notice: Prior to being interviewed about allegations of misconduct, the college 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, the college will provide students an explanation of the evidence against them. (c) Opportunity to respond: The college 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, the college 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 college's policies regarding active participation. |