§ 53H-7-705 — Exchange of evidence.

(1) (1)(a) An institution shall ensure that an accused student, an alleged victim, or an accused student organization has access to all material evidence that is in the institution's possession, including both inculpatory and exculpatory evidence, unless the material is subject to a legal privilege, no later than one week before the day on which a proceeding begins.
(1)(b) Evidence that is an accused student's or an alleged victim's personal medical record, mental health record, therapy note, or journal may not be used as evidence in a proceeding unless the accused student or alleged victim consents to the use of the evidence in the proceeding.
(1)(c) Any evidence presented in a proceeding under this part is confidential and may not be:
(1)(c)(i) used as evidence in a subsequent proceeding; or
(1)(c)(ii) used or disclosed to a third-party for any other purpose other than for the proceeding.
(2) Nothing in this part:
(2)(a) provides for formal or informal discovery beyond the exchange of evidence described in Subsection (1); or
(2)(b) incorporates or binds an institution to:
(2)(b)(i) the Utah Rules of Civil Procedure or the Utah Rules of Evidence; or
(2)(b)(ii) the Federal Rules of Civil Procedure or the Federal Rules of Evidence.

Legislative History

Renumbered and Amended by Chapter 8, 2025 Special Session 1