Utah Admin. Code R765-256-5 - Student Disciplinary Proceedings

(1) Each institution shall establish a policy that provides the following minimum standards of due process for each matter where a proceeding is 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 the student's suspension of ten calendar days or more or expulsion from the institution, except that this does not include a proceeding that involves a student's academic dishonesty:

(a) The institution shall provide the accused student and victim written notice of the accused student's and victim's rights under this rule that includes:

(i) the accused student is entitled to a student disciplinary proceeding to contest the charges against the accused student; and

(ii) notice that the accused student is entitled to a presumption of innocence that will remain until either:

(A) the accused student acknowledges responsibility for the alleged violation; or

(B) the institution has established every element of the alleged violation at a student disciplinary proceeding.

(b) The institution shall communicate the notice by any written means that the institution routinely uses for official communications with individual students.

(c) The institution shall establish a policy and procedure to ensure that the institution provides written notice of the accused student's or victim's rights as soon as practicable but no later than seven days before the student disciplinary proceeding that pertains to the accused student or victim, unless exigent circumstances reasonably justify proceeding without providing such notice.

(d) The institution shall ensure that the accused student and victim have access to any material evidence that is in the institution's possession, including both inculpatory and exculpatory evidence, unless the material is subject to a legal privilege, no later than one week before the day the proceeding begins.

(e) The institution may not rely upon evidence that is the accused student's or victim's personal medical record, mental health record, therapy note, or journal in a proceeding unless the accused student or victim consents to the use of the evidence in the proceeding.

(f) Any evidence presented in a proceeding under this rule is confidential and may not be used as evidence in a subsequent proceeding nor use or disclose it to a third-party for any other purpose other than for the proceeding.

(g) The institution may not prohibit an accused student or victim from having an advisor and being represented, at the student's expense, by legal representation or a non-attorney advocate at a student disciplinary proceeding that pertains to the accused student or victim.

(h) The institution shall allow the accused student's or victim's advisor to have full participation in the student disciplinary proceeding.

(i) The institution shall allow for the following minimum standards for an accused student's or victim's advisors in a student disciplinary proceeding:

(A) the giving of opening and closing statements;

(B) the examination and cross-examination of witnesses;

(C) the introducing of relevant evidence; and

(D) the providing of support, guidance, or advice to an accused student or victim.

(2) The institution may adopt a policy that requires an advisor to submit questions for an opposing party to the hearing officer.

(3) Each institution may require the accused student and victim to provide advance notice that they will have an advisor attend the student disciplinary proceeding.

(4) The Rules of Civil Procedure and the Rules of Evidence may not apply to student disciplinary proceedings.

(5) Nothing in this rule shall be construed to provide for formal or informal discovery beyond the exchange of evidence described in this rule.

(6) Each accused student and victim may waive any rights described in this rule.

Notes

Utah Admin. Code R765-256-5

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