209, Institutional Civil Liberties Policy Review

209.1 Purpose and Authority

To establish a procedure whereby a student enrolled in a Utah System of Higher Education institution may submit a complaint to the Utah Board of Higher Education alleging a policy of the institution directly affects one or more of the student’s civil liberties.

209.2 Approval

Board of Higher Education approval: July 15, 2019. Administrative Rulemaking: September 10, 2019 (pending).

209.3 References

UCA 53B-27-303, Student Civil Liberties Protection Act

209.4 Definitions

4.1 Civil Liberty: A civil liberty enumerated in the United States Constitution or the Utah Constitution.

4.2 Board: The Utah Board of Higher Education.

209.5 Complaint Process

5.1 A student enrolled in a USHE institution may submit a complaint to the Utah Board of Higher Education (Board) alleging a policy of the institution directly affects one or more of the student’s civil liberties.

5.2 To file a complaint, a student may send a written request that identifies the policy for which a review is requested to the Office of the Commissioner of Higher Education. The Office of the Commissioner will forward the request to the Board Chair.

5.3 Within 30 days after the day upon which the complaint was received by the Office of the Commissioner, the Board will evaluate the petition to determine whether the complaint is made in good faith; and

5.3.1 If the Board determines that the complaint is made in good faith, direct the institution against which the complaint is made to initiate rulemaking proceedings for the challenged policy; or

5.3.2 If the Board determines that the complaint is made in bad faith, dismiss the complaint.

5.4 If the Board directs an institution to initiate rulemaking proceedings for a challenged policy in accordance with this section, the institution will initiate rulemaking proceedings for the policy within 60 days after the day upon which the direction was given.