(1) An institution shall conduct a student disciplinary proceeding or student organization disciplinary proceeding in an impartial manner free from conflicts of interests.
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Terms Used In Utah Code 53B-27-606

  • 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
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • institution: means an institution of higher education listed in Section 53B-1-102. See Utah Code 53B-27-102
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
  • Policy or rule: means a policy or rule, or a relevant section of a policy or rule, of an institution that, if violated, may result in:
         (9)(a) for a student, a suspension of 10 calendar days or more or expulsion from the institution; or
         (9)(b) for a student organization, the suspension or the removal of institutional recognition of the student organization. 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
  • Student organization: means a club or other organization:
         (12)(a) that meets during noninstructional time;
         (12)(b) that is recognized by the institution at which the organization meets; and
         (12)(c) with a majority of members who are current students at the institution. See Utah Code 53B-27-602
  • Student organization disciplinary proceeding: means a proceeding initiated by an institution to determine whether an accused student organization has violated a rule or policy. See Utah Code 53B-27-602
(2) Except as provided in Subsection (3), in order to avoid conflicts of interest created by a comingling of roles, an institution shall prohibit an individual employed by or otherwise representing an institution from acting as an adjudicator, hearing officer, or appellate hearing officer in a student disciplinary proceeding or student organization disciplinary proceeding if the individual has also served in one of the following roles in the same matter:

     (2)(a) an advocate or counselor for an alleged victim, accused student, or accused student organization;
     (2)(b) an investigator;
     (2)(c) an institutional prosecutor; or
     (2)(d) an advisor to a person described in Subsection (2)(a), (b), or (c).
(3) If an individual employed by the institution or otherwise representing the institution serves as an investigator and an institutional prosecutor for the alleged violation of a policy or rule, the institution shall advise an accused student, accused student organization, or alleged victim before the investigation proceeding.
(4) An individual may not serve as an investigator or institutional prosecutor and an advocate for an accused student, accused student organization, or alleged victim in the same matter.
(5) In a proceeding conducted under this part, an institution shall allow an accused student, accused student organization, or an alleged victim to raise objections to issues that could potentially compromise the impartiality of the proceedings, including any potential conflicts of interest in violation of this section.

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