Section 53B-27-602 - DefinitionsAs used in this part:
(1) "Academic dishonesty" means an act of dishonesty relating to a student's academic work or performance.(2) "Accused student" means an individual enrolled in an institution who has allegedly violated a policy or rule.(3) "Accused student organization" means a student organization, recognized by an institution, that has allegedly violated a policy or rule.(4) "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.(5) "Evidence" means information that is inculpatory or exculpatory as the information relates to an accusation against an accused student or accused student organization, including:(a) a complainant statement;(b) a third-party witness statement;(c) electronically stored information;(d) a written communication;(e) a post to social media; or(f) demonstrative evidence.(6) "Full participation" means the opportunity in a student or student organization disciplinary proceeding to: (a) make opening and closing statements;(b) examine and cross-examine a witness;(c) introduce relevant evidence; and(d) provide support, guidance, or advice to an accused student, accused student organization, or alleged victim.(7) "Legal representation" means an attorney, who is licensed to practice law in this state and whom: (a) an accused student selects to assist the student in the student's disciplinary proceeding;(b) an alleged victim selects to assist the alleged victim at a proceeding that pertains to the alleged victim; or(c) an accused student organization selects to assist the student organization at a student organization disciplinary proceeding.(8) "Nonattorney advocate" means an individual, who is not licensed to practice law and whom: (a) an accused student selects to assist the student in the student's disciplinary proceeding;(b) an alleged victim selects to assist the alleged victim at a proceeding that pertains to the alleged victim; or(c) an accused student organization selects to assist the student organization at a student organization disciplinary proceeding.(9) "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:(a) for a student, a suspension of 10 calendar days or more or expulsion from the institution; or(b) for a student organization, the suspension or the removal of institutional recognition of the student organization.(10) "Proceeding" means an adjudicatory hearing, including an appeal, in which evidence is presented to a hearing officer or a hearing panel, and that is: (a) required by a policy or rule; or(b) held to determine whether a policy or rule has been violated.(11)(a) "Student disciplinary proceeding" means a proceeding initiated by an institution to determine whether an accused student has violated a policy or rule.(b) "Student disciplinary proceeding" does not include a proceeding that solely involves a student's academic dishonesty.(12) "Student organization" means a club or other organization: (a) that meets during noninstructional time;(b) that is recognized by the institution at which the organization meets; and(c) with a majority of members who are current students at the institution.(13)(a) "Student organization disciplinary proceeding" means a proceeding initiated by an institution to determine whether an accused student organization has violated a rule or policy.(b) "Student organization disciplinary proceeding" does not include a proceeding that solely involves a student's academic dishonesty.Added by Chapter 74, 2024 General Session ,§ 2, eff. 5/1/2024.