Utah Admin. Code R765-256-6 - Student Organization 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 the institution to determine whether the accused student organization has violated a policy or rule, or a relevant section of a policy or rule, that if violated results in the accused student organization's suspension or removal of institutional recognition of the student organization, except that this does not include a proceeding that solely involves a student organization's academic dishonesty:

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

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

(ii) notice that the accused student organization is entitled to a presumption of innocence that remains until either;

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

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

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

(c) The institution shall ensure than an accused student organization and victim have access to all 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.

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

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

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

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

(i) the giving of opening and closing statements;

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

(iii) the introducing of relevant evidence; and

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

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

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

(4) The Rules of Civil Procedure and the Rules of Evidence may not apply to the 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 organization and victim may waive any rights described in this rule.

Notes

Utah Admin. Code R765-256-6

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