Utah Admin. Code R765-801-3 - General Rights of Due Process
(1) In matters
of non-academic conduct that may result in either expulsion or a minimum 10-day
suspension, each institution shall provide students the following minimum due
process:
(a) Prior to being interviewed about
allegations of misconduct, the institution shall provide the student with
notice of the allegations against the student and of the student's right to
have an advisor throughout the process who may, but need not be, an
attorney.
(b) 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.
(c) 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 shall be shared with each
party. In all circumstances, including an informal process, the institution
shall provide the student an explanation of the evidence against the
student.
(d) Each institution shall
provide the student an opportunity for a full hearing at which the student can
respond to the allegations and evidence against the student. With the agreement
of each party, the institution may also provide an informal hearing or
opportunity to respond or an agreed upon informal resolution.
(e) At a formal adjudicatory hearing, the
student may have an advisor advocate for the student. The student's advisor may
be an attorney. The student's advisor may actively participate in the hearing
in accordance with the institution's policies regarding active
participation.
Notes
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