Section R765-801-3 - General Rights of Due Process(1) In matters of non-academic conduct that may result in either expulsion or a minimum 10-day suspension, each institution shall provide students the following minimum due process:(a) Prior to being interviewed about allegations of misconduct, the institution shall provide the student with notice of the allegations against the student and of the student's right to have an advisor throughout the process who may, but need not be, an attorney.(b) During an inquiry, investigation, or other informal process, an advisor may only advise the student and may not actively participate in the investigation or informal process.(c) Prior to a formal hearing, unless prohibited by reasonable circumstances, each party shall provide to the hearing committee chair or hearing officer copies of the documents they intend to submit as evidence and a list of witnesses they intend to call during the formal hearing. This information shall be shared with each party. In all circumstances, including an informal process, the institution shall provide the student an explanation of the evidence against the student.(d) Each institution shall provide the student an opportunity for a full hearing at which the student can respond to the allegations and evidence against the student. With the agreement of each party, the institution may also provide an informal hearing or opportunity to respond or an agreed upon informal resolution.(e) At a formal adjudicatory hearing, the student may have an advisor advocate for the student. The student's advisor may be an attorney. The student's advisor may actively participate in the hearing in accordance with the institution's policies regarding active participation.Utah Admin. Code R765-801-3
Adopted by Utah State Bulletin Number 2019-22, effective 10/19/2019Amended by Utah State Bulletin Number 2022-03, effective 1/20/2022