Utah Administrative Code
The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).
NOTE: For a list of rules that have been made effective since October 1, 2019, please see the codification segue page.
NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.
R955. System of Technical Colleges (Utah) Ogden-Weber Technical College.
Rule R955-1. Student Due Process.
As in effect on October 1, 2019
Table of Contents
- R955-1-1. Purpose.
- R955-1-2. References.
- R955-1-3. General Rights of Due Process.
- R955-1-4. Standard of Proof.
- R955-1-5. Incorporations of Colleges' Policies.
- Date of Enactment or Last Substantive Amendment
- Authorizing, Implemented, or Interpreted Law
(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.
(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.
(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.
(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.
(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.
civil liberty, technical college, technical education, due process
September 27, 2019
For questions regarding the content or application of rules under Title R955, please contact the promulgating agency (System of Technical Colleges (Utah) Ogden-Weber Technical College). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.