Student Disciplinary Rule

In accordance with Sections 53B-27-601 to 53B-27-609 of the Utah Code and USHE Rule R256, which are incorporated herein by reference:

  1. The Student Disciplinary Board (SDB) shall consist of two or more College employees, appointed by the College President.
  2. The following shall be reported by College employees to the SDB:
    1. Academic dishonesty;
    2. Failure to participate in the Student Success Process, or complete and/or comply with a Student Success Plan; and
    3. All violations of the Student Code of Conduct or other College rules or policies, except where administrative removals are applicable.
    1. The SDB may:
      1. Schedule meetings and gather additional information regarding the report;
      2. Refer the report to the Student Success Office for the development of a Student Success Plan;
      3. Refer the report to the Student Success Office or Senior Student Affairs Officer for resolution if:
        1. The rule or policy expressly provides that violation will not result in suspension or expulsion from the institution, or
        2. The SBD determines that a first violation of a rule or policy will not result in suspension or expulsion from the institution;
      4. Appoint a hearing officer or panel and set a date for a student disciplinary proceeding, and, if deemed appropriate, appoint an investigator and/or College prosecutor;
      5. In the case of academic dishonesty, suspend or expel the student;
      6. Issue a decision when the student has withdrawn from their program; and/or
      7. Dismiss the report without prejudice.
    2. Unless exigent circumstances reasonably justify proceeding without providing notice, the accused student (and alleged victim, if applicable) shall be provided notice, at least seven days before the student disciplinary proceeding that:
      1. the accused student is entitled to a student disciplinary proceeding to contest the charges against the accused student;
      2. the accused student is entitled to a presumption of innocence;
      3. the presumption of innocence remains until the accused student acknowledges responsibility for the alleged violation, or the institution has established every element of the alleged violation at a student disciplinary proceeding;
      4. the College may not prohibit 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, and an accused student’s legal representation or nonattorney advocate from full participation in a student disciplinary proceeding that pertains to the accused student.
      5. the College may not prohibit an alleged victim (if applicable) 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, and the alleged victim’s legal representation or nonattorney advocate from full participation in a student disciplinary proceeding that pertains to the alleged victim.
    3. In a student disciplinary proceeding:
      1. the date of the disciplinary hearing may be continued for good cause as determined by the hearing officer or panel;
      2. the hearing officer or panel may request additional information or set meetings to resolve preliminary issues;
      3. the hearing officer or panel may meet with or communicate with the student to ascertain whether the student is willing to acknowledge responsibility for the alleged violation;
      4. the College shall ensure that an accused student or an alleged victim 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;
      5. the accused student or alleged victim shall provide to the hearing officer all material evidence that is in the student’s possession, including both inculpatory and exculpatory evidence, unless the material is subject to a legal privilege, and the name, address, and phone number of their legal representative or nonattorney advocate, no later than one week before the day on which a proceeding begins;
      6. legal representation or nonattorney advocates of an accused student or alleged victim are required to submit questions for an opposing party to the hearing officer at least two business days prior the proceeding;
      7. 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;
      8. any evidence presented in a student disciplinary proceeding is confidential and may not be:
        1. used as evidence in a subsequent proceeding; or
        2. used or disclosed to a third-party for any other purpose other than for the proceeding;
      9. An accused student or an alleged victim may raise objections to issues that could potentially compromise the impartiality of the proceedings, including any potential conflicts of interest;
      10. The participants are required to act professionally and respectfully towards other participants;
      11. The hearing officer or panel shall render a decision on all objection and other matters, preliminary, evidentiary, procedural, and final; and
      12. The final decision shall be made in writing by the hearing officer or panel during or after the proceeding, and the student may be suspended or expelled.
    4. In order to avoid conflicts of interest created by a comingling of roles, an individual employed by or otherwise representing the College shall not act as an adjudicator, hearing officer, or appellate hearing officer in a student disciplinary if the individual has also served in one of the following roles, or as an advisor to a person in these roles, in the same matter:
      1. an advocate or counselor for an alleged victim, accused student, or accused student organization;
      2. investigator; or
      3. an institutional prosecutor.
    5. The SDB or a hearing officer or panel may temporarily suspend an accused student pending the completion of a student disciplinary proceeding, or take other interim actions as described in the Student Code of Conduct.
    6. Adjudicators, hearing officers, and appellate hearing officers shall be trained annually on relevant evidence and nonrelevant, nonprobative evidence.
    7. A student shall be provided notice of right to bring a cause of action in violation of Section 53B-27-601 to 53B-27-690 of the Utah Code to the attorney general’s office.
    8. Where the College’s Title IX Policy applies, that policy shall take precedence over this Rule where they conflict.
    9. The SDB may establish procedures and practices for the application of this Rule. Administrative removals of a student from a program or course do not constitute a suspension or expulsion, are not subject to this rule

    Approval/Amendment Dates: Septembrer 16, 2024; May 16, 2024