Utah Code 53B-27-607. Application — Institution policies
Current as of: 2024 | Check for updates
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(1) This part does not prohibit an institution from temporarily suspending an accused student or accused student organization pending the completion of a student or student organization disciplinary proceeding.
Terms Used In Utah Code 53B-27-607
- 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.
- 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
- 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 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(2) An institution shall:(2)(a) enact policies to govern proceedings in which a student has a right to an active legal representation or a nonattorney advocate in accordance with this part;(2)(b) train adjudicators, hearing officers, and appellate hearing officers on relevant evidence and nonrelevant, nonprobative evidence; and(2)(c) enact policies and procedures to notify a student of the student’s right to bring a cause of action in violation of this part to the attorney general’s office.(3) An institution may adopt a policy requiring a legal representation or nonattorney advocate of an accused student, alleged victim, or accused student organization to submit questions for an opposing party to the hearing officer.