DAR File No. 43926

System of Technical Colleges (Utah), Bridgerland Technical College

Rule R947-1

Student Grievance

Notice of Proposed Rule

(New Rule)

DAR File No.: 43926
Filed: 07/29/2019 02:11:16 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-27-302 which requires Bridgerland Technical College to initiate rulemaking proceedings to make a rule directly affecting a student's civil liberty.

Statutory or constitutional authorization for this rule:

• Section 53B-27-302

Anticipated cost or savings to:

the state budget:

This rule has no anticipated cost or savings to the state budget because this rule is only applicable to students.

local governments:

This rule has no anticipated cost or savings to local governments because this rule is only applicable to students.

small businesses:

This new rule has no anticipated cost or savings to small businesses because this rule is only applicable to students.

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

This new rule has no anticipated cost or savings to other persons because this rule is only applicable to students.

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 because this rule is only applicable to students.

K Chad Campbell, 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)
Bridgerland Technical College
1301 N 600 W
LOGAN, UT 84321

Direct questions regarding this rule to:

• Emily Hobbs at the above address, by phone at 435-750-3167, by FAX at , or by Internet E-mail at ehobbs@btech.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:

09/16/2019

This rule may become effective on:

09/23/2019

Authorized by:

K. Chad Campbell, 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.

 

President K. Chad Campbell has reviewed and approved this fiscal analysis.

 

 

R947. System of Technical Colleges (Utah), Bridgerland Technical College.

R947-1. Student Grievance and Due Process.

R947-1-1. Purpose.

(1) In the course of technical training at Bridgerland Technical College (BTECH), the student will have the opportunity for contesting any evaluation made by Administration, faculty, or staff of the College in an appeal/grievance hearing, if so desired. 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 expelled or suspended for 10 days or more for non-academic code of conduct violations.

 

R947-1-2. 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.

(4) BTECH Policy 608 Student Grievance, approval date July 29, 2019.

 

R947-1-3. Definitions.

(1) An appeal/grievance is a claim or charge of injustice or discrimination based upon an event or condition that affects the welfare or conditions of an individual student or group of students.

(2) The grievance must be filed in writing within 90 days of the occurrence of the circumstance upon which it is based.

(3) It must specifically identify the policy, procedure, or statute violated, misinterpreted, or inequitably applied.

(4) It must furnish sufficient background concerning the alleged violation, misinterpretations, or inequitable applications to identify persons, actions, and/or omissions that led to the allegation.

 

R947-1-4. Standard of Proof.

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

 

R947-1-5. Procedures.

In accordance with Title 53B, Chapter 27, Section 302, Campus Civil Liberties Protection Act, this policy establishes general elements of due process that must be provided to a student prior to being expelled or suspended for 10 days or more for non-academic Student Rights and Responsibilities violations. Students are presumed not to have engaged in a Student Rights and Responsibilities violation until the college has established a violation by a preponderance of the evidence.

(1) Informal: Should a student believe there is a cause for grievance, he or she should discuss the grievance with the person(s) involved (instructor, student, Student Services staff, etc.) in an effort to resolve the grievance mutually and informally. For online/hybrid courses, the same procedure applies, except the informal discussion can be through an e-mail or over the phone. Students may also contact the Student Services Office at BTECH (435) 753-6780 to discuss any grievance issue following the General Rights of Due Process below.

(2) Formal: If attempts to resolve the grievance informally are unsuccessful, the student should fill out the "Complaint Submission" Form and file the grievance within 90 days of the occurrence with the Vice President for Student Services. The grievance should be sent to the following address: Vice President for Student Services, Bridgerland Technical College, 1301 North 600 West, Logan, Utah 84321. The Vice President for Student Services will appoint a Hearing Committee to hear the grievance following the General Rights of Due Process below. The committee will notify the grievant of their decision in writing.

 

R947-1-5.1. General Rights of Due Process.

(1) In matters of non-academic conduct that may result in either expulsion or a minimum 10-day suspension, the college will provide students the following minimum due process:

(a) Notice: Prior to being interviewed about allegations of misconduct, the college shall provide students with notice of the allegations against them and of their right to have an advisor throughout the process who may, but need not be, an attorney.

(i) 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: 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 will be shared with both parties. In all circumstances, 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. With the agreement of all parties, the college may also provide an informal hearing or opportunity to respond or an agreed upon informal resolution.

(i) 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 actively participate in the hearing in accordance with the college's policies regarding active participation.

 

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

Date of Enactment or Last Substantive Amendment: 2019

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