Utah Code 53B-27-603. Student disciplinary proceedings — Legal representation
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(1) An institution may not prohibit:
Terms Used In Utah Code 53B-27-603
- Accused student: means an individual enrolled in an institution who has allegedly violated a policy or rule. See Utah Code 53B-27-602
- Alleged victim: means an individual whose rights are allegedly infringed or who is otherwise allegedly harmed by an accused student's or a student organization's violation of a policy or rule. See Utah Code 53B-27-602
- Full participation: means the opportunity in a student or student organization disciplinary proceeding to:(6)(a) make opening and closing statements;(6)(b) examine and cross-examine a witness;(6)(c) introduce relevant evidence; and(6)(d) provide support, guidance, or advice to an accused student, accused student organization, or alleged victim. See Utah Code 53B-27-602
- institution: means an institution of higher education listed in Section 53B-1-102. See Utah Code 53B-27-102
- Legal representation: means an attorney, who is licensed to practice law in this state and whom:
(7)(a) an accused student selects to assist the student in the student's disciplinary proceeding;(7)(b) an alleged victim selects to assist the alleged victim at a proceeding that pertains to the alleged victim; or(7)(c) an accused student organization selects to assist the student organization at a student organization disciplinary proceeding. See Utah Code 53B-27-602- Nonattorney advocate: means an individual, who is not licensed to practice law and whom:
(8)(a) an accused student selects to assist the student in the student's disciplinary proceeding;(8)(b) an alleged victim selects to assist the alleged victim at a proceeding that pertains to the alleged victim; or(8)(c) an accused student organization selects to assist the student organization at a student organization disciplinary proceeding. See Utah Code 53B-27-602- Proceeding: means an adjudicatory hearing, including an appeal, in which evidence is presented to a hearing officer or a hearing panel, and that is:
(10)(a) required by a policy or rule; or(10)(b) held to determine whether a policy or rule has been violated. See Utah Code 53B-27-602- Student disciplinary proceeding: means a proceeding initiated by an institution to determine whether an accused student has violated a policy or rule. See Utah Code 53B-27-602
(1)(a) an accused student from being represented, at the accused student’s expense, by legal representation or a nonattorney advocate at a student disciplinary proceeding that pertains to the accused student; or(1)(b) an accused student’s legal representation or nonattorney advocate from full participation in a student disciplinary proceeding that pertains to the accused student.(2) An institution may not prohibit:(2)(a) an alleged victim from being represented, at the alleged victim’s expense, by legal representation or a nonattorney advocate at a student disciplinary proceeding that pertains to the alleged victim; or(2)(b) the alleged victim’s legal representation or nonattorney advocate from full participation in a student disciplinary proceeding that pertains to the alleged victim.(3)(3)(a) An institution shall provide an accused student described in Subsection (1) or an alleged victim described in Subsection (2) written notice of the accused student’s or alleged victim’s rights under this section.(3)(b) The institution shall ensure that the notice provided to an accused student under Subsection (3)(a) notifies the accused student that:(3)(b)(i) the accused student is entitled to a student disciplinary proceeding to contest the charges against the accused student;(3)(b)(ii) the accused student is entitled to a presumption of innocence; and(3)(b)(iii) the presumption of innocence remains until:(3)(b)(iii)(A) the accused student acknowledges responsibility for the alleged violation; or(3)(b)(iii)(B) the institution has established every element of the alleged violation at a student disciplinary proceeding.(3)(c) Unless exigent circumstances reasonably justify proceeding without providing notice under Subsection (3)(a), an institution shall establish policies and procedures to ensure that the institution provides written notice of the accused student’s or alleged victim’s rights as soon as practicable but no later than seven days before a student disciplinary proceeding that pertains to the accused student or alleged victim.