53E-6-607. Policies for conducting hearings — Standard of proof.
(1)
The state board and each local school board shall adopt policies for the conduct of hearings to ensure that requirements of due process are met.
Terms Used In Utah Code 53E-6-607
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
hearing: means a proceeding held in accordance with generally accepted principles of due process and administrative law in which definite issues of fact or of law are tried before a hearing body, and in which proceeding evidence is presented and witnesses heard, and in which the party against whom the proceedings are held has a right to:
(1)
appear with or without counsel to present evidence, confront and cross-examine witnesses, or subpoena witnesses; and
(2)
obtain a decision based solely upon evidence presented to the hearing body in the presence of both parties or representatives of both parties, recognizing that presence is satisfied if a party has been given a reasonable opportunity to attend, even if the party fails to do so. See Utah Code 53E-6-601
School: means a public or private entity that provides educational services to a minor child. See Utah Code 53E-6-102
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
An accused party shall be provided not less than 15 days before a hearing with:
(a)
notice of the hearing;
(b)
the law, rule, or policy alleged to have been violated;
(c)
sufficient information about the allegations and the evidence to be presented in support of the allegations to permit the accused party to prepare a meaningful defense; and
(d)
a copy of the policies under which the hearing will be conducted.
(3)
If an accused party fails to request a hearing within 30 days after written notice is sent to the party’s address as shown on the records of the local school board, for actions taken under the auspices of a local school board, or on the records of the state board, for actions taken under the auspices of the state board, then the accused party shall be considered to have waived the right to a hearing and the action may proceed without further delay.
(4)
Hearing fact finders shall use the preponderance of evidence standard in deciding all questions unless a higher standard is required by law.
(5)
Unless otherwise provided in this public education code, the decisions of state and local school boards are final determinations under this section, appealable to the appropriate court for review.
