Utah Code 53B-27-605. Exchange of evidence
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Terms Used In Utah Code 53B-27-605
- Accused student: means an individual enrolled in an institution who has allegedly violated a policy or rule. See Utah Code 53B-27-602
- Accused student organization: means a student organization, recognized by an institution, that 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
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Evidence: means information that is inculpatory or exculpatory as the information relates to an accusation against an accused student or accused student organization, including:(5)(a) a complainant statement;(5)(b) a third-party witness statement;(5)(c) electronically stored information;(5)(d) a written communication;(5)(e) a post to social media; or(5)(f) demonstrative evidence. 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
- 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(1)(a) An institution shall ensure that an accused student, an alleged victim, or an accused student organization has access to all material evidence that is in the institution’s possession, including both inculpatory and exculpatory evidence, unless the material is subject to a legal privilege, no later than one week before the day on which a proceeding begins.(1)(b) Evidence that is an accused student’s or an alleged victim’s personal medical record, mental health record, therapy note, or journal may not be used as evidence in a proceeding unless the accused student or alleged victim consents to the use of the evidence in the proceeding.(1)(c) Any evidence presented in a proceeding under this part is confidential and may not be:(1)(c)(i) used as evidence in a subsequent proceeding; or(1)(c)(ii) used or disclosed to a third-party for any other purpose other than for the proceeding.(2) Nothing in this part:(2)(a) provides for formal or informal discovery beyond the exchange of evidence described in Subsection (1); or(2)(b) incorporates or binds an institution to:(2)(b)(i) the Utah Rules of Civil Procedure or the Utah Rules of Evidence; or(2)(b)(ii) the Federal Rules of Civil Procedure or the Federal Rules of Evidence.