DAR File No. 43898

UTech Board of Trustees, Administration

Rule R945-2

Institutional Civil Liberties Policy Review

Notice of Proposed Rule

(New Rule)

DAR File No.: 43898
Filed: 07/15/2019 06:10:42 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being established in response to H.B. 116, Student Civil Liberties Protection Act, which was passed during the 2018 General Session.

Summary of the rule or change:

This new rule is being implemented in accordance with Section 53B-27-303 to establish a procedure whereby a student enrolled in an institution of the Utah System of Technical Colleges may submit a complaint to the Utah System of Technical Colleges Board of Trustees alleging a policy of the institution directly affects one or more of the student's civil liberties.

Statutory or constitutional authorization for this rule:

• Section 53B-27-303

Anticipated cost or savings to:

the state budget:

This new rule has no anticipated cost or savings to the state budget.

local governments:

This new rule has no anticipated cost or savings to local governments.

small businesses:

This new rule has no anticipated cost or savings to small businesses.

persons other than small businesses, businesses, or local governmental entities:

This new rule has no anticipated cost or savings to other persons.

Compliance costs for affected persons:

There are no compliance costs for affected persons.

Comments by the department head on the fiscal impact the rule may have on businesses:

This proposed rule will not result in a direct fiscal impact to businesses.

Jared Haines, Interim Commissioner

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

UTech Board of Trustees
Administration
310 South Main Street, Suite 1250
Salt Lake City, UT 84101

Direct questions regarding this rule to:

• Kim Ziebarth at the above address, by phone at 801-341-6010, by FAX at , or by Internet E-mail at kim.ziebarth@utech.edu

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

09/03/2019

This rule may become effective on:

09/10/2019

Authorized by:

Jared Haines, Associate Commissioner

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2020	FY 2021	FY 2022
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Person	$0	$0	$0
Total Fiscal Costs:	$0	$0	$0
Fiscal Benefits
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Benefits:	$0	$0	$0
Net Fiscal Benefits:	$0	$0	$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described in the narrative. Inestimable impacts for Non-Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Non-Small Businesses

There is no anticipated impact or benefit to non-small businesses.

 

The Interim Commissioner, Jared Haines, has reviewed and approved this fiscal analysis.

 

 

R945. UTech Board of Trustees, Administration.

R945-2. Institutional Policy Review.

R945-2-1. Purpose.

(1) This rule establishes a procedure whereby a student enrolled in a Utah System of Technical Colleges institution may submit a complaint to the Utah System of Technical Colleges Board of Trustees alleging a policy of the institution directly affects one or more of the student's civil liberties.

 

R945-2-2. References.

(1) Section 53B-27-303, Student Civil Liberties Protection Act: Complaint Process, Reporting.

 

R945-2-3. Complaint Process.

(1) A student enrolled in a Utah System of Technical Colleges institution may submit a complaint to the Utah System of Technical Colleges Board of Trustees (Board) alleging a policy of the institution directly affects one or more of the student's civil liberties.

(2) To file a complaint, a student may send a written request that identifies the policy for which a review is requested to the Office of the Commissioner of Technical Education. The Office of the Commissioner will forward the request to the Board Chair.

(3) Within 30 days after the day on which the complaint has been received by the Office of the Commissioner, the Board will evaluate the petition to determine whether the complaint is made in good faith; and

(a) if the Board determines that the complaint is made in good faith, direct the institution against which the complaint is made to initiate rulemaking proceedings for the challenged policy; or

(b) if the Board determines that the complaint is made in bad faith, dismiss the complaint.

(4) If the Board directs an institution to initiate rulemaking proceedings for a challenged policy in accordance with this section, the institution will initiate rulemaking proceedings for the policy within 60 days after the day on which the direction has been given.

(5) The Commissioner will report any complaints alleging that a policy of an institution directly affecting one or more of a student's civil liberties and action taken to the Board during the next regularly scheduled meeting.

 

KEY: civil liberty, technical college, technical education

Date of Enactment or Last Substantive Amendment: 2019

Authorizing, and Implemented or Interpreted Law: 53B-27-303