§ 53H-7-704 — Student organization disciplinary proceedings -- Legal representation.

(1) An institution may not prohibit:
(1)(a) an accused student organization from being represented, at the accused student organization's expense, by legal representation or a nonattorney advocate at a student organization disciplinary proceeding that pertains to the accused student organization; or
(1)(b) an accused student organization's legal representation or nonattorney advocate from full participation in a student organization disciplinary proceeding that pertains to the accused student organization.
(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 organization 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 organization disciplinary proceeding that pertains to the alleged victim.
(3) (3)(a) An institution shall provide an accused student organization described in Subsection (1) or an alleged victim described in Subsection (2) written notice of the accused student organization's or alleged victim's rights under this section.
(3)(b) The institution shall ensure that the notice provided to an accused student organization under Subsection (3)(a) notifies the accused student organization that:
(3)(b)(i) the accused student organization is entitled to a student organization disciplinary proceeding to contest the charges against the accused student organization;
(3)(b)(ii) the accused student organization is entitled to a presumption of innocence; and
(3)(b)(iii) the presumption of innocence remains until:
(3)(b)(iii)(A) the accused student organization acknowledges responsibility for the alleged violation; or
(3)(b)(iii)(B) the institution has established every element of the alleged violation at a student organization 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 organization's or alleged victim's rights as soon as practicable but no later than seven days before a student organization disciplinary proceeding that pertains to the accused student organization or alleged victim.

Legislative History

Renumbered and Amended by Chapter 8, 2025 Special Session 1