§ 53H-7-703 — Student disciplinary proceedings -- Legal representation.

(1) An institution may not prohibit:
(1)(a) 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; or
(1)(b) an accused student's legal representation or nonattorney advocate from full participation in a student disciplinary proceeding that pertains to the accused student.
(2) An institution may not prohibit:
(2)(a) an alleged victim 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; or
(2)(b) the alleged victim's legal representation or nonattorney advocate from full participation in a student disciplinary proceeding that pertains to the alleged victim.
(3) (3)(a) An institution shall provide an accused student described in Subsection (1) or an alleged victim described in Subsection (2) written notice of the accused student's or alleged victim's rights under this section.
(3)(b) The institution shall ensure that the notice provided to an accused student under Subsection (3)(a) notifies the accused student that:
(3)(b)(i) the accused student is entitled to a student disciplinary proceeding to contest the charges against the accused student;
(3)(b)(ii) the accused student is entitled to a presumption of innocence; and
(3)(b)(iii) the presumption of innocence remains until:
(3)(b)(iii)(A) the accused student acknowledges responsibility for the alleged violation; or
(3)(b)(iii)(B) the institution has established every element of the alleged violation at a student disciplinary proceeding.
(3)(c) Unless exigent circumstances reasonably justify proceeding without providing notice under Subsection (3)(a), an institution shall establish policies and procedures to ensure that the institution provides written notice of the accused student's or alleged victim's rights as soon as practicable but no later than seven days before a student disciplinary proceeding that pertains to the accused student or alleged victim.

Legislative History

Renumbered and Amended by Chapter 8, 2025 Special Session 1