Utah Admin. Code R765-256-3 - Definitions

(1) "Academic dishonesty" means an act of dishonesty relating to a student's academic work or performance.

(2) "Accused student" means any student who is enrolled at any institution who has allegedly violated a policy or rule, or a relevant section of a policy or rule, that if violated may result in the student's suspension of ten calendar days or more or expulsion from the institution.

(3) "Accused student organization" means any student organization, recognized by an institution, that has allegedly violated a policy or rule, or a relevant section of a policy or rule, that if violated may result in the student organization's suspension or removal of institutional recognition of the student organization.

(4) "Evidence" means information that is inculpatory or exculpatory as the information relates to an accusation against an accused student or accused student organization, including a complaint statement, a third-party witness statement, electronically stored information, a written communication, a post to social media, or demonstrative evidence.

(5) "Full participation" means the opportunity in a student or student organization disciplinary proceeding to make opening and closing statements, examine and cross-examine a witness, introduce relevant evidence, and provide support, guidance, or advice to an accused student, accused student organization, or victim.

(6) "Institution" means an institution of higher education listed in Section 53B-1-102.

(7) "Proceeding" means an adjudicatory hearing, including an appeal, in which evidence is presented to a hearing officer or a hearing panel to determine whether a policy or rule has been violated or is required by a policy or rule, or a relevant section of a policy or rule, that if violated may result in either:

(a) a student's suspension of ten calendar days or more or expulsion from the institution; or

(b) a student organization's suspension or removal of institutional recognition of the student organization.

(8) "Student disciplinary proceeding" means a proceeding initiated by an institution to determine whether an accused student has violated a policy or rule, or a relevant section of a policy or rule, that if violated may result in a student's suspension of ten calendar days or more or expulsion from the institution, except that this does not include a proceeding that solely involves a student's academic dishonesty.

(9) "Student organization" means a club or other organization that meets during noninstructional time, is recognized by the institution at which the organization meets and has a majority of its members who are current students at the institution.

(10) "Student organization disciplinary proceeding" means a proceeding initiated by an institution to determine whether an accused student organization has violated a rule or policy, or a relevant section of a policy or rule, that if violated may result in a student organization's suspension or removal or institutional recognition of the student organization, except that this does not include a proceeding that solely involves a student's academic dishonesty.

(11) "USHE" means Utah System of Higher Education.

(12) "Victim" means an individual whose rights are allegedly infringed or who is otherwise allegedly harmed by an accused student's or an accused student organization's violation of a policy or rule, or a relevant section of a policy or rule, that if violated may result in either:

(a) the student's suspension of ten calendar days or more or expulsion from the Institution; or

(b) the student organization's suspension or removal or institutional recognition of the student organization.

Notes

Utah Admin. Code R765-256-3

Adopted by Utah State Bulletin Number 2025-12, effective 6/9/2025