DAR File No. 43929

System of Technical Colleges (Utah), Ogden-Weber Technical College

Rule R955-1

Student Due Process

Notice of Proposed Rule

(New Rule)

DAR File No.: 43929
Filed: 07/30/2019 12:35:49 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

In the 2018 General Session, H.B. 116 was passed regarding civil liberties on college campuses. As part of that bill colleges were asked to look at all college policies and if any involved civil liberties, colleges needed to submit an administrative rule to comply with the bill.

Summary of the rule or 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 expelled or suspended for 10 days or more for non-academic code of conduct violations.

Statutory or constitutional authorization for this rule:

• Section 53B-27-302

This rule or change incorporates by reference the following material:

• Adds Student Rights and Responsibilites, and Code of Conduct, published by Ogden-Weber Technical College, 07/25/2019

Anticipated cost or savings to:

the state budget:

There will be no impact because this is currently taking place on campus.

local governments:

There will be no impact because this is currently taking place on campus.

small businesses:

There will be no impact because this is currently taking place on campus.

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

There will be no impact because this is currently taking place on campus.

Compliance costs for affected persons:

There will be no impact because this is currently taking place on campus.

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

There will be no impact because this is currently taking place on campus.

Jim Taggart, 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)
Ogden-Weber Technical College
200 N WASHINGTON BLVD
OGDEN, UT 84404

Direct questions regarding this rule to:

• Chad Burchell at the above address, by phone at 801-627-8388, by FAX at , or by Internet E-mail at chad.burchell@otech.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:

Chad Burchell, VP of Student Services

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 Jim Taggart has reviewed and approved this fiscal analysis.

 

 

R955. System of Technical Colleges (Utah) Ogden-Weber Technical College.

R955-1. Student Due Process.

R955-1-1. 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 expelled or suspended for 10 days or more for non-academic code of conduct violations.

 

R955-1-2. 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) Policy - Student Rights and Responsibilities, and Code of Conduct 530.4 -- approved on July 25, 2019.

 

R955-1-3. General Rights of Due Process.

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

(2) 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.

(3) 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.

(4) 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.

(5) 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.

(6) 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.

 

R955-1-4. Standard of Proof.

(1) 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.

 

R955-1-5. Incorporations of Colleges' Policies.

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

(a) Policy -- Student Rights and Responsibilities, and Code of Conduct 530.4. -- approved on July 25, 2019.

 

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