DAR File No. 43925

System of Technical Colleges (Utah), Mountainland Technical College

Rule R953-1

Due Process

Notice of Proposed Rule

(New Rule)

DAR File No.: 43925
Filed: 07/29/2019 10:03:28 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

In accordance with Section 53B-27-302, Campus Civil Liberties Protection Act, this rule establishes general elements of due process that must be provided to a student prior to being dismissed for any reason.

Summary of the rule or change:

This rule establishes general elements of due process that must be provided to a student prior to being dismissed for any reason.

Statutory or constitutional authorization for this rule:

• Section 53B-27-302

This rule or change incorporates by reference the following material:

• Adds Student Support Policies: Student Grievance Policy, published by Mountainland Technical College, 12/21/2005

Anticipated cost or savings to:

the state budget:

This rule reflects current operating practice and will not impact the state's budget.

local governments:

This rule reflects current operating practice and will not financially impact local governments.

small businesses:

This rule reflects current operating practice and will not financially impact small businesses.

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

This rule reflects current operating practice and will not financially impact other persons.

Compliance costs for affected persons:

This rule reflects current operating practice and will not financially impact affected persons.

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

This rule reflects current operating practice and will have no fiscal impact on any government or business entity.

Clay Christensen, President

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

System of Technical Colleges (Utah)
Mountainland Technical College
2301 W ASHTON BLVD
LEHI, UT 84043

Direct questions regarding this rule to:

• Joseph Demma at the above address, by phone at 801-753-4127, by FAX at , or by Internet E-mail at [email protected]

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:

09/16/2019

This rule may become effective on:

09/23/2019

Authorized by:

Joseph Demma, Vice President

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.

 

College President Clay Christensen has reviewed and approved this fiscal analysis.

 

 

R953. System of Technical Colleges (Utah), Mountainland Technical College.

R953-1. Student Due Process.

R953-1-1. Purpose.

(1) In accordance with Title 53B, Chapter 27, Section 302, Campus Civil Liberties Protection Act, this rule establishes general elements of due process that must be provided to a student prior to being dismissed for any reason.

 

R953-1-2. References.

(1) United States Constitution, Amendment 14, Due Process;

(2) Utah Constitution, Article 1, Section 7, Due Process of Law;

(3) Title 53B, Chapter 27, Section 302, Campus Civil Liberties Protection Act; and

(4) Mountainland Technical College Policy (effective 12.21.2005) -- Student Grievance 600.608.

 

R953-1-3. General Rights of Due Process.

(1) The College encourages students to address concerns on an informal basis whenever possible. In the event that the decision made does not result in an outcome satisfactory to the student, the student may choose to submit a formal appeal.

(2) When a student or potential student believes there is cause for grievance, he/she may discuss the grievance with the person(s) involved (including an instructor, student, Student Services staff, etc.) in an effort to resolve the grievance mutually and informally.

(3) Only the student may discuss the grievance with person(s) involved unless a signed FERPA release form has been filed with Student Services.

(4) Students wishing to file a grievance must do so in writing within sixty days of the alleged incident, to allow for a timely review of the complaint. Specific details regarding the reported incident should be provided, as well as the names of all parties involved.

(5) The grievance must be:

(a) Written, dated and signed.

(b) Filed within sixty days of the occurrence with the Vice President of Administrative Services at the Main Campus in Lehi.

(6) Only the student may file the grievance, unless signed FERPA release from has been filed by Student Services.

(7) All grievances will be reviewed with sensitivity for privacy of the student.

(8) Appeals are heard by the appeals committee in regularly scheduled meetings.

(9) Voting members of the Appeals Committee are the College Vice-Presidents and the Director of Student Services.

(10) Non-voting members of the appeals committee include the Academic & Career Counselors, the Program Directors, the Student Services Manager, and the Testing Manager.

(11) Any member with a conflict of interest will abstain from commenting or voting on the appeal.

(12) The Appeals Committee will determine if the information provided by the student is sufficient and may request additional information. Students are encouraged to provide any additional information in a prompt manner, so that the matter can be promptly resolved. If a student fails to come forward with additional requested information within a reasonable amount of time (typically 10 working days), the grievance will be cancelled and no further consideration will be given.

(13) The College will endeavor to provide a final decision to the complainant within sixty days.

(14) Students retain the right to contact the Commission of the Council on Occupational Education (COE), in cases where the student grievance is not satisfactorily settled at the institutional level. COE can be reached at: The Council on Occupational Education, 7840 Roswell Road, Building 300, Suite 325, Atlanta, GA 30350. By phone: Toll-free (800) 917-2081, ext. 21, Website: www.council.org.

 

R953-1-4. Standard of Proof.

(1) Students are presumed not to have engaged in a violation until the college has established a violation by a preponderance of the evidence.

 

R953-1-5. Incorporations of Colleges' Policies.

(1) The college has adopted the following policies that are incorporated by reference within this rule:

(a) Policy -- Student Grievance 600.608, effective 12.21.2005.

 

KEY: civil liberty, technical college, due process, technical education

Date of Enactment or Last Substantive Amendment: 2019

Authorizing, and Implemented or Interpreted Law: 53B-27-302