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Utah Administrative Code (Current through November 1, 2019) |
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R953. System of Technical Colleges (Utah), Mountainland Technical College |
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R953-1. Student Due Process |
| R953-1-1. Purpose |
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(1) 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 dismissed for any reason. |
| R953-1-2. 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; and (4) Mountainland Technical College Policy (effective 12.21.2005) -- Student Grievance 600.608. |
| R953-1-3. General Rights of Due Process |
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(1) The College encourages students to address concerns on an informal basis whenever possible. In the event that the decision made does not result in an outcome satisfactory to the student, the student may choose to submit a formal appeal. (2) When a student or potential student believes there is cause for grievance, he/she may discuss the grievance with the person(s) involved (including an instructor, student, Student Services staff, etc.) in an effort to resolve the grievance mutually and informally. (3) Only the student may discuss the grievance with person(s) involved unless a signed FERPA release form has been filed with Student Services. (4) Students wishing to file a grievance must do so in writing within sixty days of the alleged incident, to allow for a timely review of the complaint. Specific details regarding the reported incident should be provided, as well as the names of all parties involved. (5) The grievance must be: (a) Written, dated and signed. (b) Filed within sixty days of the occurrence with the Vice President of Administrative Services at the Main Campus in Lehi. (6) Only the student may file the grievance, unless signed FERPA release from has been filed by Student Services. (7) All grievances will be reviewed with sensitivity for privacy of the student. (8) Appeals are heard by the appeals committee in regularly scheduled meetings. (9) Voting members of the Appeals Committee are the College Vice-Presidents and the Director of Student Services. (10) Non-voting members of the appeals committee include the Academic and Career Counselors, the Program Directors, the Student Services Manager, and the Testing Manager. (11) Any member with a conflict of interest will abstain from commenting or voting on the appeal. (12) The Appeals Committee will determine if the information provided by the student is sufficient and may request additional information. Students are encouraged to provide any additional information in a prompt manner, so that the matter can be promptly resolved. If a student fails to come forward with additional requested information within a reasonable amount of time (typically 10 working days), the grievance will be cancelled and no further consideration will be given. (13) The College will endeavor to provide a final decision to the complainant within sixty days. (14) Students retain the right to contact the Commission of the Council on Occupational Education (COE), in cases where the student grievance is not satisfactorily settled at the institutional level. COE can be reached at: The Council on Occupational Education, 7840 Roswell Road, Building 300, Suite 325, Atlanta, GA 30350. By phone: Toll-free (800) 917-2081, ext. 21, Website: www.council.org. |
| R953-1-4. Standard of Proof |
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(1) Students are presumed not to have engaged in a violation until the college has established a violation by a preponderance of the evidence. |
| R953-1-5. Incorporations of Colleges' Policies |
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(1) The college has adopted the following policies that are incorporated by reference within this rule: (a) Policy -- Student Grievance 600.608, effective 12.21.2005. |