Utah Admin. Code R784-4-3 - General Rights of Due Process

(1) In matters of non-academic conduct that may result in either expulsion or a minimum ten-day suspension, the college will provide students due process.

(2) The college will provide students at least the following:

(a) Notice: Before being interviewed about allegations of misconduct, the college shall provide students with:

(i) notice of the allegations against them;

(ii) their right to have an advisor throughout the process who may, but need not be, an attorney; and (iii) that the accused student is entitled to a presumption of innocence.

(iv) 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.

(b) Explanation of the evidence: Before 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 will be shared with both parties. In each circumstance, including informal processes, the college will provide students an explanation of the evidence against them.

(c) Opportunity to respond: The college will provide students an opportunity for a full hearing at which they can respond to the allegations and evidence against them.

(i) With the agreement of all parties, the college may also provide an informal hearing or opportunity to respond or an agreed upon informal resolution.

(ii) At formal adjudicatory hearings, students may have an advisor advocate for them. The student's advisor may be an attorney. The student's advisor may fully participate in the hearing in accordance with the college's policies regarding active participation.

Notes

Utah Admin. Code R784-4-3

Adopted by Utah State Bulletin Number 2019-22, effective 10/17/2019 Amended by Utah State Bulletin Number 2025-03, effective 1/27/2025