DAR File No. 43931
This rule was published in the August 15, 2019, issue (Vol. 2019, No. 16) of the Utah State Bulletin.
System of Technical Colleges (Utah), Southwest Technical College
Rule R957-1
Student Due Process
Notice of Proposed Rule
(New Rule)
DAR File No.: 43931
Filed: 07/30/2019 02:58:29 PM
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 or suspended for 10 days or more for non-academic code of conduct violations.
Summary of the rule or change:
In matters of non-academic conduct that may result in either dismissal or a minimum 10 calendar day suspension, the college will provide students due process.
Statutory or constitutional authorization for this rule:
- Section 53B-27-302
This rule or change incorporates by reference the following material:
- Adds Grievance Policy, published by Southwest Technical College, 07/29/2019
- Adds Student Conduct Policy, published by Southwest Technical College, 07/29/2019
- Adds Harassment, Nondiscrimination and Equal Opportunity, published by Southwest Technical College, 07/29/2019
Anticipated cost or savings to:
the state budget:
This rule has no anticipated cost or savings to the state budget.
local governments:
This rule has no anticipated cost or savings to local governments.
small businesses:
This rule has no anticipated cost or savings to small businesses.
persons other than small businesses, businesses, or local governmental entities:
This rule has no anticipated cost or savings to persons other than small businesses, businesses, or local government entities.
Compliance costs for affected persons:
This rule has no anticipated cost for Southwest Technical College students. This is already in effect on campus.
Comments by the department head on the fiscal impact the rule may have on businesses:
There is no anticipated impact or benefit to businesses.
Brennan M. Wood, 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)Southwest Technical College
757 W 800 S
CEDAR CITY, UT 84720
Direct questions regarding this rule to:
- James Mullenaux at the above address, by phone at 435-586-2899, 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:
James Mullenaux, Vice President of Student Services
RULE TEXT
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 Brennan M. Wood has reviewed and approved this fiscal analysis.
R957. System of Technical Colleges (Utah), Southwest Technical College.
R957-1. Student Due Process.
R957-1-1. 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 or suspended for 10 days or more for non-academic code of conduct violations.
R957-1-2. 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 Conduct Policy, July 29, 2019.
(5) Policy -- Grievance Policy, July 29, 2019.
(6) Policy -- Harassment, Nondiscrimination and Equal Opportunity, July 29, 2019.
R957-1-3. General Rights of Due Process.
(1) In matters of non-academic conduct that may result in either dismissal 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.
R957-1-4. Standard of Proof.
Students are presumed not to have engaged in a policy violation until the college has established a violation by a preponderance of the evidence.
R957-1-5. Incorporations of Colleges' Policies.
The college has adopted the following policies that are incorporated by reference within this rule:
(1) Policy - Student Conduct Policy, July 29, 2019.
(2) Policy -- Grievance Policy, July 29, 2019.
(3) Policy - Harassment, Nondiscrimination and Equal Opportunity, July 29, 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
Additional Information
More information about a Notice of Proposed Rule is available online.
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull_pdf/2019/b20190815.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact James Mullenaux at the above address, by phone at 435-586-2899, by FAX at , or by Internet E-mail at [email protected]. For questions about the rulemaking process, please contact the Office of Administrative Rules.