Terms Used In Utah Code > Title 53B > Chapter 27 > Part 6 - Student Legal Representation

• Academic dishonesty: means an act of dishonesty relating to a student's academic work or performance. See Utah Code 53B-27-602
• 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
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• 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
• 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
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• 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
• 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
• State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
• 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