DAR File No. 43947

Regents (Board of), Administration

Rule R765-803

Institutional Policy Review

Notice of Proposed Rule

(New Rule)

DAR File No.: 43947
Filed: 07/31/2019 05:42:31 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Student Civil Liberties Protection Act, Section 53B-27-303, requires the Board of Regents (Board) to establish a procedure whereby a student enrolled in a public institution of higher education may petition the Board to review a policy that directly affects the student's enumerated civil liberties, which the student believes the institution adopted without first establishing an administrative rule governing the enumerated civil liberty.

Summary of the rule or change:

Students enrolled at a public institution of higher education who believe the institution has adopted a policy that directly impacts one of the their enumerated civil liberties but which is not governed by an existing administrative rule may petition the Board for a review. This rule directs students to submit the petition to the Commissioner's Office who will review the petition on behalf of the Board. This rule explains the procedure and timelines associated with the review.

Statutory or constitutional authorization for this rule:

• Section 53B-27-303

Anticipated cost or savings to:

the state budget:

This review process will be handled using existing staff resources and will require no additional cost. There are no anticipated savings from this rule.

local governments:

This rule does not fiscally impact local governments.

small businesses:

This rule does not fiscally impact small businesses.

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

Students may seek a Board review at no cost.

Compliance costs for affected persons:

Neither the Board nor the institutions will incur compliance costs under this rule. If the Board determines an institution must file a rule as a result of the review, the institution would be acting in accordance with state law as opposed to this rule. This rule merely sets the procedure to comply with state law.

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

This rule will not fiscally impact businesses, directly or indirectly.

Dave Woolstenhulme, Commissioner

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

Regents (Board of)
Administration
BOARD OF REGENTS BUILDING, THE GATEWAY
60 SOUTH 400 WEST
SALT LAKE CITY, UT 84101-1284

Direct questions regarding this rule to:

• Geoff Landward at the above address, by phone at 801-321-7136, by FAX at , or by Internet E-mail at glandward@ushe.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:

09/17/2019

This rule may become effective on:

09/25/2019

Authorized by:

Dave Woolstenhulme, Commissioner of Higher Education

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

This proposed rule is not expected to fiscally impact non-small businesses' revenues or expenditures. The Student Civil Liberties Protection Act requires the Board of Regents to establish a complaint process for students who believe an institution of higher education's policies impact their civil rights. This process is available only to enrolled students and will not impact businesses.

 

The Commissioner of Higher Education, Dave Woolstenhulme, has reviewed and approved this fiscal analysis.

 

 

R765. Regents (Board of), Administration.

R765-803. Institutional Policy Review.

R765-803-1. Purpose.

(1) This rule establishes a procedure whereby a student enrolled in a public institution of higher education may petition the Board of Regents to review a policy that directly affects the student's enumerated civil liberties, which the student believes the institution adopted without first establishing an administrative rule governing the enumerated civil liberty.

 

R765-803-2. References.

(1) Title 53B, Chapter 27, Part 3

 

R765-803-3. Review Process.

(1) Students enrolled at a public institution of higher education who believe the institution has adopted a policy that directly impacts one of the their enumerated civil liberties but which is not governed by an existing administrative rule may petition the Board of Regents for a review.

(2) To file a petition for review, a student will send a written request that identifies the policy for which a review is requested to review@ushe.edu. Within 30 days of receiving the complaint, the Commissioner of Higher Education's office, on behalf of the Board of Regents, will:

(a) Review the petition to determine if it is made in good faith;

(i) Bad faith petitions shall be dismissed.

(b) Determine if the institution has established an administrative rule that adopts or governs the policy; and

(c) If the institution lacks a governing administrative rule, direct the institution to initiate rulemaking within 60 days of the decision.

 

KEY: civil liberties, Board of Regents review

Date of Enactment or Last Substantive Amendment: 2019

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