§ 15-10-56 — Disciplinary proceedings - Right to counsel for students and organizations - Appeals

Appeals.
1. Any student enrolled at an institution under the control of the state board of higher
education has the right to be represented, at the student's expense, by the student's
choice of either an attorney or a nonattorney advocate, who may fully participate
during any disciplinary proceeding or during any other procedure adopted and used by
that institution to address an alleged violation of the institution's rules or policies. This
right applies to both the student who has been accused of the alleged violation and to
the student who is the accuser or victim. This right only applies if the disciplinary
proceeding involves a violation that could result in a suspension or expulsion from the
institution. This right does not apply to matters involving academic misconduct. Before
the disciplinary proceeding is scheduled, the institution shall inform the students in
writing of the students' rights under this section.
2. Any student organization officially recognized by an institution under the control of the
state board of higher education has the right to be represented, at the student
organization's expense, by the student organization's choice of either an attorney or
nonattorney advocate, who may fully participate during any disciplinary proceeding or
during any other procedure adopted and used by the institution to address an alleged
violation of the institution's rules or policies. This right only applies if the disciplinary
proceeding involves a violation that could result in the suspension or the removal of
the student organization from the institution. This right applies to both the student
organization that has been accused of the alleged violation and to the accuser or
victim.
3. a. Any student who is suspended or expelled from an institution under the control of
the state board of higher education for a violation of the rules or policies of that
institution and any student organization that is found to be in violation of the rules
or policies of that institution must be afforded an opportunity to appeal the
institution's initial decision to an institutional administrator or body that did not
make the initial decision for a period of one year after receiving final notice of the
institution's decision. The right to appeal the result of the institution's disciplinary
proceeding also applies to the student who is the accuser or victim.

b. The right of the student or the student organization under subsection 1 or 2 to be
represented, at the student's or the student organization's expense, by the
student's or the student organization's choice of either an attorney or a
nonattorney advocate, also applies to the appeal.
c. The issues that may be raised on appeal include new evidence, contradictory
evidence, and evidence that the student or student organization was not afforded
due process. The institutional body considering the appeal may consider police
reports, transcripts, and the outcome of any civil or criminal proceeding directly
related to the appeal.
4. Upon consideration of the evidence, the institutional body considering the appeal may
grant the appeal, deny the appeal, order a new hearing, or reduce or modify the
suspension or expulsion. If the appeal results in the reversal of the decision or a
lessening of the sanction, the institution may reimburse the student for any tuition and
fees paid to the institution for the period of suspension or expulsion which had not
been previously refunded.
5. For purposes of this section, "fully participate" includes the opportunity to make
opening and closing statements, to examine and cross-examine witnesses, and to
provide the accuser or accused with support, guidance, and advice. This section does
not require an institution to use formal rules of evidence in institutional disciplinary
proceedings. The institution, however, shall make good faith efforts to include relevant
evidence and exclude evidence which is neither relevant or probative.
6. This section does not affect the obligation of an institution to provide equivalent rights
to a student who is the accuser or victim in the disciplinary proceeding under this
section, including equivalent opportunities to have others present during any
institutional disciplinary proceeding, to not limit the choice of attorney or nonattorney
advocate in any meeting or institutional disciplinary proceeding, and to provide
simultaneous notification of the institution's procedures for the accused and the
accuser or victim to appeal the result of the institutional disciplinary proceeding.