53B-27-303. Complaint process — Reporting.
| (1) |
Before August 1, 2019, the board shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establishing a procedure whereby a student enrolled in an institution may submit a complaint to the board alleging a policy of the institution directly affects one or more of the student’s civil liberties. |
Terms Used In Utah Code 53B-27-303
- Board: means the Utah Board of Higher Education described in Section 53B-1-402. See Utah Code 53B-1-101.5
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Initiate rulemaking proceedings: means the same as that term is defined in Section 63G-3-601. See Utah Code 53B-27-301
- institution: means an institution of higher education listed in Section 53B-1-102. See Utah Code 53B-27-102
- Oversight: Committee review of the activities of a Federal agency or program.
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
| (2) |
| (a) |
When a student submits a complaint in accordance with the rules adopted under Subsection (1), the board shall:
| (i) |
examine the complaint and, within 30 days after the day on which the board receives the complaint, determine whether the complaint is made in good faith; and |
| (ii) |
| (A) |
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 |
| (B) |
if the board determines that the complaint is made in bad faith, dismiss the complaint. |
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| (b) |
Before November 30 of each year, the board shall submit a report to the Administrative Rules Review and General Oversight Committee detailing:
| (i) |
the number of complaints the board received during the preceding year; |
| (ii) |
the number of complaints the board found to be made in good faith during the preceding year; and |
| (iii) |
each policy that is the subject of a good-faith complaint that the board received during the preceding year. |
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| (3) |
If the board directs an institution to initiate rulemaking proceedings for a challenged policy in accordance with this section, the institution shall initiate rulemaking proceedings for the policy within 60 days after the day on which the board directs the institution. |
Amended by Chapter 443, 2022 General Session
